Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #1  
Old 01.10.2011, 17:04
Newbie 1st class
 
Join Date: Jun 2011
Location: Zürich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Mishto has no particular reputation at present
Common-law marriage and consequences in CH

Dear all,

could anyone, please, advise me. I am a non-EU having working permit in Switzerland. My German boyfriend is still married and this matter doesn't seem to end very soon.
We would like to have kids together and waiting for the next two years with planning is a bit too long because it mightn't happen straight away and age is cruicial. On the other side, I am concerned about my status in Switzerland, since the permit is employer dependent and means that I cannot even stay with the kid for more that 4 months at home (to stay in CH I have to work). Is there any possibility to get something like wife B permit based on common-law marriage (with a kid) with EU working here?

Please, point me to the law.
Thank you very much.
Reply With Quote
  #2  
Old 01.10.2011, 17:25
weejeem's Avatar
Forum Legend
 
Join Date: Nov 2008
Location: .
Posts: 3,728
Groaned at 35 Times in 29 Posts
Thanked 5,874 Times in 2,467 Posts
weejeem has a reputation beyond reputeweejeem has a reputation beyond reputeweejeem has a reputation beyond reputeweejeem has a reputation beyond reputeweejeem has a reputation beyond reputeweejeem has a reputation beyond repute
Re: Common-law marriage and consequences in CH

Basically, if I understand your question, you're asking if you can get some sort of permit issued to you based on some notion of recognition of some sort of "common-law marriage" to someone who's already married to .

I think you can probably have a stab at the answer to that yourself...
Reply With Quote
The following 2 users would like to thank weejeem for this useful post:
  #3  
Old 01.10.2011, 19:41
Newbie 1st class
 
Join Date: Jun 2011
Location: Zürich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Mishto has no particular reputation at present
Re: Common-law marriage and consequences in CH

Weejeem, well, the situation is theoretical for now. But what is the man is in separation and lives with another person having family and probably kid, does the life stops until you officially get divorced?
Reply With Quote
  #4  
Old 01.10.2011, 19:49
jrspet's Avatar
Forum Legend
 
Join Date: Jul 2007
Location: Quaint Wädenswil, Zürich, CH
Posts: 8,149
Groaned at 27 Times in 20 Posts
Thanked 7,036 Times in 3,912 Posts
jrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond reputejrspet has a reputation beyond repute
Re: Common-law marriage and consequences in CH

I guess it is easier said than done, but one just has to wait until things pull through ( the system is not going to adapt to anyone´s circumstances ). No EU countries recognise polygamy, he has to be legally single before you marry him and obtain derivative rights ( and benefits ).

Search the forum for cohabitation, and some threads might turn up like this:

Non-EU cohabitation with an EU partner

Last edited by jrspet; 01.10.2011 at 19:59.
Reply With Quote
  #5  
Old 01.10.2011, 20:09
saint7uk's Avatar
Forum Veteran
 
Join Date: Mar 2011
Location: Samstagern
Posts: 989
Groaned at 9 Times in 9 Posts
Thanked 586 Times in 358 Posts
saint7uk has a reputation beyond reputesaint7uk has a reputation beyond reputesaint7uk has a reputation beyond reputesaint7uk has a reputation beyond repute
Re: Common-law marriage and consequences in CH

I was always led to believe that "common-law marriage" is a myth and has no legal standing within European culture what so ever. 'Could be wrong about CH tho...

In any fact being here un-married without working or having a permit for other reasons, like a ton of cash in the bank or investments in swiss property / business etc or kids with a Swiss national or Swiss resident is highly unlikely.
Reply With Quote
  #6  
Old 01.10.2011, 21:23
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 23,047
Groaned at 553 Times in 424 Posts
Thanked 25,570 Times in 11,735 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: Common-law marriage and consequences in CH

I'm afraid they have all said it above- the answer is a definite no.
Reply With Quote
  #7  
Old 01.10.2011, 21:50
Ittigen
 
Posts: n/a
Re: Common-law marriage and consequences in CH

Your partner should simply start divorce proceedings soon. After (I think) 3 years he will be divorced.

Having children here as an unmarried foreigner is not a good idea!
Reply With Quote
  #8  
Old 01.10.2011, 21:56
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 23,047
Groaned at 553 Times in 424 Posts
Thanked 25,570 Times in 11,735 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: Common-law marriage and consequences in CH

Ittigen one of our friends has been trying to divorce (here in CH to a CH woman) for .....................

10 years!
Reply With Quote
  #9  
Old 01.10.2011, 22:00
Ittigen
 
Posts: n/a
Re: Common-law marriage and consequences in CH

For about the last 5 years neither party can stop a divorce. It used to be 5 years waiting, now I think it is a 2 or 3 years maximum "cooling off" period. Maybe your friend needs to start fresh proceedings, as since about May 2000 either partner cannot stop a divorce going through.
Reply With Quote
  #10  
Old 01.10.2011, 22:03
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 23,047
Groaned at 553 Times in 424 Posts
Thanked 25,570 Times in 11,735 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: Common-law marriage and consequences in CH

She has mental health problems and is using the kids as weapons. Each time they are ready to do the deed- she changes lawyer, becomes very sick with (manipulative) depression, etc, etc- she has used every single dirty trick you can imagine. Unbelievable.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Alimony for Common Law Marriage?? Parker Leigh Family matters/health 8 22.01.2014 08:53
Divorce and Marriage in CH pappilove Permits/visas/government 27 01.02.2011 22:27
Marriage and Partnership in CH Carlos R Family matters/health 14 12.07.2010 23:31
Canadian's in a Common-Law Relationship 1oro Permits/visas/government 0 14.07.2009 04:21
Common-law anyone? English Teacher Family matters/health 12 30.01.2007 22:29


All times are GMT +2. The time now is 20:15.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0