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Old 12.05.2016, 18:24
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Medea Fleecestealer Medea Fleecestealer is offline
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Re: Non EU with EU unmarried partner move to Zurich - Permit advice needed!

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Thank you Medea Fleecestealer, you are like Wikipedia of Swiss immigration rules! It has become much clearer for me now .

Regarding the concubine permit, I still have a few questions:
1. I think my partner will need to get a job and his own permit before being able to apply for concubine permit? As part of the requirement is residence permit of the partner in Switzerland.

2. And most likely we will need to have our own place, which from my understanding is only possible to rent a place if you have a job? We are planning to crash on his sister's couch for a while. Will that be a solution?

3. If we get this permit, Do I must apply for a type D visa? Or I can show my permit approval document when entering the country then get my actual permit in the cantonal office? Do I have to have A permit with A visa?

4. I know about this "90 days in and 90 days out" rule, from what you say it is still applied even if I have type D visa? i.e. I will need to wait 90 days to re-entre Switzerland with my type D visa if I already spent 90 days there?

Thank you for your help!
1. Yes, that's the way it's supposed to work. Not necessarily the job, but you getting a permit will depend on them getting theirs. There are two options - they come here as a job seeker and have 3 months without having to register as being resident here while they look for a job. Alternatively, they register immediately if they can and providing they can meet the conditions could also apply for a permit for you.

The problem with the first is that yes, you could come as a tourist for those 3 months, but then you'd have to leave again while they then register and make the application while you're back in your home country applying for the Type D visa.

2. You can rent a place without having a permit, though landlords/agencies will probably prefer candidates who have one. It's really going to depend on where you look and how much competition there is for accommodation in that area. You could perhaps look at renting a room for while via www.wgzimmer.ch or airBnB perhaps.

As far as crashing on the sister's couch, first she needs to check with her landlord/agency that it's okay for you to stay there for more than a few weeks. I would get her to check with her town's admin office whether her address would be acceptable. Usually you need to present some kind of rental contract when applying for a permit. The other problem is that the Swiss can be strict on what is suitable accommodation up to Swiss standards. Usually it's the number of people less 1 for the number of bedrooms - so say 3 people (you, partner and sister) would need 2 bedrooms at least. So if she's living in a studio or one-bed place it may not be acceptable to either the landlord or the Swiss authorities to have you staying there.

3. As I said, if your partner comes first and applies for a concubine permit for you, then you need to apply at the nearest Swiss embassy/consulate in your home country for a Type D visa. This visa will not be issued to you unless the permit is approved. All the visa does is let you enter Switzerland for more than 90 days. Once you're here you then go to the cantonal migration office to start the process of getting your pre-approved permit issued to you - it will take several weeks before you physically get it. Once you have your permit the visa is then invalid as the permit replaces it for travel purposes. So you will need to have both your passport and the permit when travelling outside of Switzerland.

4. A Type D visa would not be issued if you don't have a permit approval so you can't apply for one separately. So the only other way you can enter is as a tourist and then you're limited to the 90 days before you have to leave again.
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