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Old 13.03.2013, 19:17
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Married for 6 years, moving back to Switzerland (Spouse permit question)

I'm Swiss, have been living in Canada for the last 6 years (right after getting married to my husband). My husband has been in Canada for 10 years (from a nonEU country) and we are both permanent residents here.
Our intention is to go back to Switzerland this summer, as he will have completed his PhD. degree. My question to you all is:
Can we enter Switzerland while my husband is on his valid tourist visa and apply from there for him to permanently stay?
I looked through a lot of threads on this board, however most cases are about people getting married to a Swiss in Switzerland, requesting residency.
We have contacted the consulate, which unfortunately is going through major changes, closing it's closest location to us. All inquiries are being moved to a consulate 8 hours away, and will take longer to process. My husband received a "verbal" job offer from an institute in Zurich to do a postdoc, however they aren't keen on waiting 4-6 months for him to start waiting for a visa from over here. If we stay here that long my husband will have to look for a temporary position while we wait for the visa, as his PhD. funding runs out at the beginning of the summer. Also, we sold our place and will be living in temporary accommodation. It would just be so much easier to live in Switzerland while waiting for the paperwork to be done (my family lives there).
Also, we got married in Canada, registered our marriage at the consulate, and have a 2 year old daughter that would obviously also be coming with us (she has a swiss pass).
Any suggestions or advice?

Thanks so much.
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Old 13.03.2013, 19:57
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

Hi,

I've done exactly what you are trying to do. We went through the local Swiss consulate. I would do that before just coming here on a tourist visa. I believe it took about 6-8 weeks. It wasn't so complicated.

Also, I had a written job offer, but was actually able to start working before all of the paperwork was completed. I had some delay getting my B permit but it was because of some registration problems we had when we arrived (our fault). Maybe your husband could do the same, as long as the employer was ok with it?

Note, since you've been married more than 6 years, your husband can actually apply for Swiss citizenship, even without having lived here.

Dan
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Old 13.03.2013, 21:26
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

This interest me as well, my Swiss husband left to work a month ago and i am planning to meet him at the end of June. The marriage as been registered at the consulate, i am ready to apply for Visa. Should i apply for a tourist Visa and reapply for residency/reunion of family once there??
Our house is sold as well and i will be couch surfing for a while , so the faster i can get there the better!
Which way is faster? or available to me?
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Old 13.03.2013, 21:37
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

Family Reunification query [US national married to a Swiss]
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Old 13.03.2013, 21:39
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

If you've been married for six years, your husband has the right to facilitated citizenship.

Tom
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Old 13.03.2013, 21:42
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

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If you've been married for six years, your husband has the right to facilitated citizenship.

Tom
That's hardly going to be quick though is it! Probably best just to get the visa & b permit first.
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Old 13.03.2013, 21:43
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

You should get an entry visa for coming into the country from your embassy. See the www.bfm.admin.ch website for entry rules and visas required.
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Old 13.03.2013, 21:43
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

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That's hardly going to be quick though is it! Probably best just to get the visa & b permit first.
Should be less than a year.

Tom
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Old 13.03.2013, 22:11
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

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Should be less than a year.

Tom
I hope so, i am hoping for less then 4 months!!
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Old 13.03.2013, 22:36
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Re: Married for almost 6 years, moving back to Switzerland (Spouse permit question)

Thank you for your reply everyone.
Unfortunately we haven't reached the 6 year march quite yet (still a few months away)... sorry I should have said ALMOST 6 years, my bad . Although that's not going to help us right now, perhaps it will once we actually live there?
The consulate has advised us to apply for a family reunification visa. She said that this would however conflict with a visa that he would get from his future employer. The employer has already started processing my husband's application, but cannot grant him a visa until he actually defends his thesis (in May). After that it will still take about 4-8 weeks until we can actually move... In the meantime they won't give us a contract of any kind so that we could initiate getting a work visa from the swiss consulate here.
I'm so confused.
As a side note, does anyone happen to know if language is a requirement for facilitated nat.? It says on my local consulate's website that he doesn't need to speak German (we would be moving to Zurich area), but the lady at the consulate said he did. Somewhere else I read, it said he didn't. Anyone with a link? You guys are so helpful!
Thanks a bunch
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Old 13.03.2013, 23:00
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Re: Married for 6 years, moving back to Switzerland (Spouse permit question)

If there's any way you can move here first, even by a month or so, you can apply for the family reunification permit, which then entitles your hubby to work without his employer having to sponsor him. WAY easier. Once he is here and settled and you've passed that magic 6 years, he can apply for citizenship. I have read plenty of stories on EF about Zürich being a difficult place to naturalize with lots of special rules that don't apply anywhere else. Any chance you can apply for naturalization in a different canton (you didn't say which one you're from, so I am hoping you might have this option)?

Also I am pretty sure he should not enter here on a tourist visa and then apply for reunification or have an employer apply. When you have a tourist visa it's really just for visiting and you can have huge complications if you start messing about. You need to do the reunification part first which will then let him enter and get a job.
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Old 13.03.2013, 23:45
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I don't think you actually need any work contract at all for the family reunification visa. They told me that if my wife wanted to return to Switzerland, I was allowed to go with her, even if neither of us had a job offer. However they still wanted a copy of the job contract.

I would just do what the embassy advises. In the end, you can come regardless. The family visa will probably just preempt the work visa that the company applied for. Not sure why they would do that anyway unless they weren't aware he was married to a Swiss citizen? I'm not sure but I don't think my company did anything. They assumed that I was taking care of it via the family visa.

As for the naturalization, that comes later and won't help you now anyway. But all of the canton rules you hear about don't apply to facilitated naturalization, at least via marriage. His heimat will be the same as yours anyway. It doesn't matter where you live in Switzerland.

A bit of tax advice...when you move here, wherever you live first, will apply for the tax for the entire year, even if you move again. That happened to us. We lived in a high tax area for 2 months and then moved yet paid the higher tax for the entire year. This is completely different if you already live here. When you move, the new canton/gemeinde applies for the entire year.

Dan
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