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Old 31.12.2013, 22:34
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Non EU citizen divorcing a swiss spouse

I seeking help with regard to divorce swiss spouse. Thanks in advance for your advise.

I am Non EU have been married with Swiss women since 27 months, now situation of our relation going to worst even though I am still trying to repair it as I have also girl from my wife who is 4 years old (holding swiss passport).

My question is, can our seperation effect on my Residence permit B? if it does! then how can I protect my self from this situation. I am afraid if something happen bad then I can lost my girl. In addition I am professional and working in Geneva.

Looking forward assistance.
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Old 01.01.2014, 08:16
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Re: Non EU citizen divorcing a swiss spouse

As I see your situation, if you continue working, your B permit is safe. But I think if you divorce and lose your job you might be asked to leave Switzerland, requiring you to re-apply to stay here. Maybe you should visit a lawyer and find out exactly what your future will be?
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Old 01.01.2014, 09:51
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Re: Non EU citizen divorcing a swiss spouse

Have a read here under Chapter 7 on Family Reunification:

http://www.admin.ch/ch/e/rs/142_20/index.html

But I agree with Sbrinz, check with a lawyer on exactly what your rights are.
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Old 13.01.2014, 11:34
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Re: Non EU citizen divorcing a swiss spouse

if you have a job, your permit is safe. If you don't you may claim that it would be intolerable for your daughter to lose her father, but let me be honest, I think they only accept that in very rare cases, especially if the father is the one concerned and not the mother (it seems to authorities the father is still "disposible"..)

You are saying you have been married to her for 27 months, but for how long have you been in Switzerland?
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Old 24.04.2017, 08:40
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Re: Non EU citizen divorcing a swiss spouse

Need advise on the following scenario. A is on the verge of going for a divorce. He/She has a B permit and has lived in Switzerland for the last 4.7 years and is a non-EU member. Will the divorce affect his/her right to live in Switzerland?

There is a house bought by the other spouse B, entirely with his/her money. Will A also have a right over the house despite no contribution because of the fact that it was bought while being married? Thanks!
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Old 24.04.2017, 09:32
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Re: Non EU citizen divorcing a swiss spouse

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There is a house bought by the other spouse B, entirely with his/her money. Will A also have a right over the house despite no contribution because of the fact that it was bought while being married? Thanks!
Depends what his/her money means. Part of that depends on the martial property regime.

If it is money from inheritance or a gift than that part of the house it is his/her. This is regardless of any martial property regime.

If the martial property regime is Errungenschaftsbeteiligung (
participation in acquired gain) which is btw. the default if nothing specifically is set up, than the part of the house paid with money acquired before marriage is also his/hers.

If the martial property regime is Gütertrennung (separated assets) than the whole house is his/hers.

If the martial property regime is Gütergemeinschaft (shared assets) than as a rule of thumb only the part paid with an inheritance or gift is his hers. (Other exception may apply)
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Old 24.04.2017, 09:41
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Re: Non EU citizen divorcing a swiss spouse

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There is a house bought by the other spouse B, entirely with his/her money. Will A also have a right over the house despite no contribution because of the fact that it was bought while being married?
As aSwiss said, depends on the source of the money, how much of the house is paid off with that money, and the marital regime.

As an example, my wife recently bought a small house with inherited money, fully paid off, so that house is entirely hers. We also bought our apartment, each putting down half of the 32% down payment, so that is split.

Tom
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Old 24.04.2017, 09:57
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Re: Non EU citizen divorcing a swiss spouse

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Need advise on the following scenario. A is on the verge of going for a divorce. He/She has a B permit and has lived in Switzerland for the last 4.7 years and is a non-EU member. Will the divorce affect his/her right to live in Switzerland?
Yes, the divorce will affect the right of a non-Swiss person to live in Switzerland.

A divorced person is single.
Any single person that is non-Swiss must hold the required residency permit for Switzerland to live here.
As the person is no longer married, the right to live in Switzerland due to marriage no longer exists.

The person will have to show fulfillment of the necessary prerequisites to stay living in Switzerland: eg having a job with an employer that can prove they need a non-Swiss

If the divorced non-Swiss person does not hold or qualify for a residency permit then that person looses the right to live here and will be asked to leave the country.
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Old 24.04.2017, 10:07
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Re: Non EU citizen divorcing a swiss spouse

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...

If the divorced non-Swiss person does not hold or qualify for a residency permit then that person looses the right to live here and will be asked to leave the country.
Although I know of a case (2011 IIRC) where the Swiss person pressed through the divorce, the non-EU ex-spouse was told to depart, but appealed and (eventually) won the right to stay on the basis that she was working and was integrated. This was despite the fact the marriage was for less than two years, and there were no children.

Of course laws have changed since 2011, but it's not always black and white.
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Old 24.04.2017, 11:40
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Re: Non EU citizen divorcing a swiss spouse

See here for financial and residency side of things among others.

https://www.ch.ch/en/divorce/
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