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Old 17.06.2014, 04:15
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what is my rights as foreigner father in Switzerland ?

hello everybody ,
i am a Foreigner father or 11 years old daughter , i was married to swiss woman for 10 years and we are now separated for the last 3 years ,,,, but not divorced on paper till now ,,, my daughter live with her mother in Switzerland ,,, and she send her to me to see her once per year for 1 week , which is too short for me ..and even that i appreciate that she send her to me for sure ,, as long my financial situation is very bad at the moment and i cant go to visit my daughter at Switzerland ,, and all what i wish in my life to be near from my only daughter and be part in her life like any father ,, so i was think to give up with everything in my country and go to live beside her in swiss ,, it was not easy at all to get the visa which i really don't understand . but finally i got a touristic visa for 2 years .. and now i want come .. but i don't know what to do and how to handle the stay and finding just any work even if it will just cover my stay there ... and the other thing that her mother working 100% and i feel that she don't give my daughter enough time , is that normal in swiss and while we are still married is that give any extra benefits for her mother , while we are separated completely? please if any one have idea or experience with such situation i really appreciate your advice ,,,thanks in advance
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Old 17.06.2014, 09:31
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Re: what is my rights as foreigner father in Switzerland ?

If you were a Swiss man living here, you would see your daughter every second weekend, on Saturday and Sunday. So about 4 days per month.

Plus she would be allowed to visit you for a holiday, even abroad, for 2 weeks in each year.

Any missed visit days are not usually reclaimed. Only if both sides agree to this.

It is tough on everyone, but that is what you can expect as normal.

I don't believe you are allowed to work in Switzerland on a tourist visa. Be careful, if you are caught working they can ban you from coming here for years!
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Old 17.06.2014, 10:58
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Re: what is my rights as foreigner father in Switzerland ?

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and the other thing that her mother working 100% and i feel that she don't give my daughter enough time , is that normal in swiss and while we are still married is that give any extra benefits for her mother , while we are separated completely? please if any one have idea or experience with such situation i really appreciate your advice ,,,thanks in advance
She is a single mother and presumably has to work for her and your daughters living unless you pay her and the child enough alimony to cover her expenses. Working in this country means that parents are entitled of child allowance and benefits if the don't make enough money to bring their children up in a decent way.
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Old 17.06.2014, 12:01
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Re: what is my rights as foreigner father in Switzerland ?

thanks so much for your answer ,, and for sure i will not work with torist visa i was working before in swiss and i had visa B for that and i have insurance too ... thanks again for info
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Old 17.06.2014, 15:07
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Re: what is my rights as foreigner father in Switzerland ?

Firstly, are you sure about how long your visa allows you to stay here? Because I've never heard of a tourist visa lasting two years. It may be possible if you have a child here I guess, but I would have thought you'd need to prove you can support yourself financially for that length of time or they expect your wife to support you while you're here.

Not sure what rights you have as you're separated and not divorced. This is what the official www.ch.ch website has to say regarding divorced parents and their rights:

"Persons from non-EU/EFTA states


A divorced spouse’s or child’s existing residence permit may be extended provided:
  • the marriage lasted at least three years in Switzerland and the spouse / family lived together,
  • the persons concerned were successfully integrated in Switzerland (reputation, knowledge of the language, willingness to work) or
  • important personal circumstances make it necessary to continue living in Switzerland (e.g. persecution in their home country)."
https://www.ch.ch/en/right-to-reside...ath-or-divorce

But that is assuming you've divorced, are still living in Switzerland, have a Swiss permit and meet the intergration requirements. The problem I see long term is your wife is unlikely to apply for family reunification for you again, given your separation, so it's going to be up to you to find a job. Now it may have been easy last time because you had a permit via your marriage, but that won't be the case now. Anyone who wants to hire you will have to go through the non-EU hiring process to prove they can't find a Swiss, EU national or someone else already living here with a valid work permit who could do the job.

https://www.bfm.admin.ch/content/bfm...zulassung.html

Unless you are very specialised in your field, you're not going to get hired easily. This is a time consuming and expensive process for companies so they'll only undetake it when they believe they have a good chance of success.

The only thing I can think for you to do is ask the canton migration office where your family lives if there's any way you can get your permit back without your wife having to apply for family reunification. If you could get that, with work privileges, then finding a job would be much easier.
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Old 17.06.2014, 20:26
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Re: what is my rights as foreigner father in Switzerland ?

I think the rights for Father are improving this year. The 50-50 right sharing will become the default rules
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Old 17.06.2014, 21:24
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Re: what is my rights as foreigner father in Switzerland ?

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I think the rights for Father are improving this year. The 50-50 right sharing will become the default rules
Yes, that means parents are jointly responsible for the child.
But it doesn't mean each will have 50% visiting rights.
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Old 18.06.2014, 00:25
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Re: what is my rights as foreigner father in Switzerland ?

really thank you for great information ,,, it just seems to be not easy at all but i really would try everything possible in a right way to be just beside my daughter ,, I think first i should go to ask at the canton immigration office for all possibilities for my case ,,, ... thanks again so much .
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