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-   -   C Permit in case of separation/divorce (https://www.englishforum.ch/family-matters-health/297725-c-permit-case-separation-divorce.html)

Nadia77 19.04.2020 12:28

C Permit in case of separation/divorce
 
Hello all,

I’m hoping you can shed some light on a dilemma that I’m facing. So I am contemplating a separation from my husband of 11 years. We have lived together in Switzerland for 10 years. He is British and I am a non-eu citizen. I am came here on a reunification visa and live in Zug.

My husband is on a b permit and I actually obtained a c permit recently after 10 years here. I managed to fulfil the language requirements and also was able to prove I am financially independent, etc. He hasn’t bothered to learn German so has remained on a b permit.

So here is the dilemma. If I choose to separate and move out to another apartment In the same Gemeinde, is there a chance that I lose my permit if we were to divorce? I obtained the c permit on my own, but of course was able
to come here due to family reunification. Of course a lockdown is not the ideal
Time so am hoping to ride it out a bit longer. As the c permit was very recently issued, would it look suspicious if I moved out so soon?

If I choose to move temporarily to another place in the same Gemeinde, do I need to inform the Gemeinde or Migrationsamt? I am financially independent and have worked the entire time and speak fluent German.

I’m hoping I don’t have to do this but want to be very clear on what the consequences are. Any thoughts or help is appreciated.

starDeMer 19.04.2020 12:42

Re: C Permit in case of separation/divorce
 
I think your husband can ask for a C permit, EU citizens don't need to speak the local langage.

Edit: not true for UK

roegner 19.04.2020 12:45

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by starDeMer (Post 3173138)
I think your husband can ask for a C permit, EU citizens don't need to speak the local langage.

They do, only some nationalities are exempt, UK is not afaik

Sprachkenntnisse auf Niveau A2 (schriftlich und mündlich), bestätigt durch Sprachzertifikat von TELC, Goethe, ÖSD, TestDaF, KDE oder fide, nachweist.

From Kanton Zürich:

https://ma.zh.ch/internet/sicherheit...willigung.html

starDeMer 19.04.2020 12:47

Re: C Permit in case of separation/divorce
 
thanks for this info.

Medea Fleecestealer 19.04.2020 12:49

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by starDeMer (Post 3173138)
I think your husband can ask for a C permit, EU citizens don't need to speak the local langage.

Incorrect. Apart from a few countries Switzerland has bi-lateral agreements with EU nationals also have to learn the language to get a C permit. These are the exceptions:

EU nationalities language exemption: Belgium, Germany, Denmark, France, Liechtenstein, Greece, Italy, Netherlands, Austria, Portugal and Spain.

Nadia77, this is tricky because I think you may have been asked when you applied if you were planning to stay married. If so, then yes, the permit might be revoked.

starDeMer 19.04.2020 12:52

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by Medea Fleecestealer (Post 3173144)
Incorrect. Apart from a few countries Switzerland has bi-lateral agreements with EU nationals also have to learn the language to get a C permit. These are the exceptions:

EU nationalities language exemption: Belgium, Germany, Denmark, France, Liechtenstein, Greece, Italy, Netherlands, Austria, Portugal and Spain.

Nadia77, this is tricky because I think you may have been asked when you applied if you were planning to stay married. If so, then yes, the permit might be revoked.

This is why I was saying "I think" :D

Roegner already correct it, but thank you

Nadia77 19.04.2020 12:57

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by Medea Fleecestealer (Post 3173144)
Incorrect. Apart from a few countries Switzerland has bi-lateral agreements with EU nationals also have to learn the language to get a C permit. These are the exceptions:

EU nationalities language exemption: Belgium, Germany, Denmark, France, Liechtenstein, Greece, Italy, Netherlands, Austria, Portugal and Spain.

Nadia77, this is tricky because I think you may have been asked when you applied if you were planning to stay married. If so, then yes, the permit might be revoked.

Thank you. They didn’t ask anything about the marriage
And if we intended to stay married.
They only asked how long had we been married.

Nadia77 19.04.2020 12:59

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by roegner (Post 3173140)
They do, only some nationalities are exempt, UK is not afaik

Sprachkenntnisse auf Niveau A2 (schriftlich und mündlich), bestätigt durch Sprachzertifikat von TELC, Goethe, ÖSD, TestDaF, KDE oder fide, nachweist.

From Kanton Zürich:

https://ma.zh.ch/internet/sicherheit...willigung.html

Sorry! Didn’t mean to groan at your post. Wanted to thank you! 😆 You are correct, he needs to fulfil the language requirements to get the C permit.

Mullhollander 19.04.2020 13:34

Re: C Permit in case of separation/divorce
 
A C permit can be revoked or downgraded as follows:

Revocation of a C permit:
Generally, if a C permitholder is continually on social welfare or has been sentenced to prison for more than one year, then a C permit can be revoked. See this link for more details:

https://www.anwaltskanzlei-in-zueric...gsbewilligung/

Downgrade to B permit (Ct. Aargau):
"The C permit may be revoked and replaced by a residence permit if the integration criteria under Article 58a AIG are not met.

The integration criteria according to Art. 58a AIG are

the observance of public safety and order;
respect for the values of the Federal Constitution;
language skills;
participation in economic life or the acquisition of education."

https://www.ag.ch/de/dvi/migration_i...912&accordId=4

So, as long as the C permitholder stays out of trouble, speaks the local language and has a job, revocation of a C permit or a downgrade to a B permit should not occur.

Guest 19.04.2020 14:16

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by Nadia77 (Post 3173150)
Sorry! Didn’t mean to groan at your post. Wanted to thank you! 😆 You are correct, he needs to fulfil the language requirements to get the C permit.

Presumably you'll be able to get citizenship now at any rate?

Nadia77 19.04.2020 14:42

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by jorido (Post 3173170)
Presumably you'll be able to get citizenship now at any rate?

I would like to kick off the process to get citizenship, but not sure how a separation or divorce would impact that. I’m assuming that the fact that they gave me my own c permit, without my husband getting one first and him remaining on b means that I can maintain the c permit regardless.

3Wishes 19.04.2020 20:09

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by Nadia77 (Post 3173174)
I would like to kick off the process to get citizenship, but not sure how a separation or divorce would impact that. I’m assuming that the fact that they gave me my own c permit, without my husband getting one first and him remaining on b means that I can maintain the c permit regardless.

If you received the C permit on your own and he's still on B then I *think* the authorities are not considering it to be based on him. You've also been here 10 years, not 5, which would be VINTA route or the route via family reunification. Does your C permit say something like "familienachzug" on it?

I'm fairly certain you can apply for citizenship on your own as well. You have a C permit, have been here 10 years, and speak the language. If he's not a citizen, then your naturalization application would be regular, not facilitated anyway. I don't even think you need to mention that you'd be interested in divorce at some point. Just that you want naturalization, he doesn't qualify, so you're doing on your own.

Nadia77 19.04.2020 22:09

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by 3Wishes (Post 3173262)
If you received the C permit on your own and he's still on B then I *think* the authorities are not considering it to be based on him. You've also been here 10 years, not 5, which would be VINTA route or the route via family reunification. Does your C permit say something like "familienachzug" on it?

I'm fairly certain you can apply for citizenship on your own as well. You have a C permit, have been here 10 years, and speak the language. If he's not a citizen, then your naturalization application would be regular, not facilitated anyway. I don't even think you need to mention that you'd be interested in divorce at some point. Just that you want naturalization, he doesn't qualify, so you're doing on your own.

Thank you. The permit doesn’t say ‘family reunification’ but it does say ‘family member of an EU national, whereas the previous permit referred specifically to ‘reunification’ is an assuming that I have the permit based on my 10 years and fulfilling the criteria for a C permit, otherwise they would have said my husband must have it before I can apply.

Guest 19.04.2020 22:35

Re: C Permit in case of separation/divorce
 
Your husband didn't even get to A2 in 10 years? That's a poor show lol

doropfiz 19.04.2020 22:42

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by Nadia77 (Post 3173150)
Sorry! Didn’t mean to groan at your post. Wanted to thank you! �� You are correct, he needs to fulfil the language requirements to get the C permit.

Can you go back and click on "remove your groan"?

Nadia77 20.04.2020 06:56

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by doropfiz (Post 3173291)
Can you go back and click on "remove your groan"?

Done.

starDeMer 20.04.2020 07:52

Re: C Permit in case of separation/divorce
 
[his user groans at starDeMer for this post:
Chuff]

@Chuff, could you explain why please?

Nadia77 20.04.2020 08:30

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by jorido (Post 3173286)
Your husband didn't even get to A2 in 10 years? That's a poor show lol

Agreed. It was an issue for a while because I was relying on him to get a c permit so I could get mine, hence I waited for the 10 year mark to be able to apply on my own..

CH_Me 20.04.2020 09:32

Re: C Permit in case of separation/divorce
 
Quote:

Originally Posted by Nadia77 (Post 3173174)
I would like to kick off the process to get citizenship, but not sure how a separation or divorce would impact that. I’m assuming that the fact that they gave me my own c permit, without my husband getting one first and him remaining on b means that I can maintain the c permit regardless.

Does your C Permit say that it is EU/EFTA? Mine always did. That meant that I was dependant on my husband for my permit.

ankurm.2008 20.04.2020 11:57

Re: C Permit in case of separation/divorce
 
C permit is not attached to family conditions, hence OP is free to choose her way independent of spouse.

Remarks such as Familiennachzug are only on L/B permits but never on C.


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