Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #1  
Old 19.04.2020, 12:28
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
C Permit in case of separation/divorce

Hello all,

I知 hoping you can shed some light on a dilemma that I知 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稚 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知 hoping I don稚 have to do this but want to be very clear on what the consequences are. Any thoughts or help is appreciated.
Reply With Quote
  #2  
Old 19.04.2020, 12:42
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 472
Groaned at 12 Times in 11 Posts
Thanked 244 Times in 146 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
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

Last edited by starDeMer; 19.04.2020 at 12:57.
Reply With Quote
  #3  
Old 19.04.2020, 12:45
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,155
Groaned at 370 Times in 311 Posts
Thanked 14,145 Times in 6,585 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: C Permit in case of separation/divorce

Quote:
View Post
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 mndlich), best舩igt durch Sprachzertifikat von TELC, Goethe, ヨSD, TestDaF, KDE oder fide, nachweist.

From Kanton Zrich:

https://ma.zh.ch/internet/sicherheit...willigung.html
Reply With Quote
The following 2 users would like to thank roegner for this useful post:
  #4  
Old 19.04.2020, 12:47
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 472
Groaned at 12 Times in 11 Posts
Thanked 244 Times in 146 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
Re: C Permit in case of separation/divorce

thanks for this info.
Reply With Quote
  #5  
Old 19.04.2020, 12:49
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,330
Groaned at 411 Times in 319 Posts
Thanked 17,359 Times in 9,739 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: C Permit in case of separation/divorce

Quote:
View Post
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.
Reply With Quote
The following 2 users would like to thank Medea Fleecestealer for this useful post:
  #6  
Old 19.04.2020, 12:52
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 472
Groaned at 12 Times in 11 Posts
Thanked 244 Times in 146 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
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"

Roegner already correct it, but thank you
Reply With Quote
This user groans at starDeMer for this post:
  #7  
Old 19.04.2020, 12:57
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
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稚 ask anything about the marriage
And if we intended to stay married.
They only asked how long had we been married.
Reply With Quote
This user would like to thank Nadia77 for this useful post:
  #8  
Old 19.04.2020, 12:59
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
They do, only some nationalities are exempt, UK is not afaik

Sprachkenntnisse auf Niveau A2 (schriftlich und mndlich), best舩igt durch Sprachzertifikat von TELC, Goethe, ヨSD, TestDaF, KDE oder fide, nachweist.

From Kanton Zrich:

https://ma.zh.ch/internet/sicherheit...willigung.html
Sorry! Didn稚 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.
Reply With Quote
This user would like to thank Nadia77 for this useful post:
  #9  
Old 19.04.2020, 13:34
Mullhollander's Avatar
Forum Legend
 
Join Date: Dec 2012
Location: Aargau
Posts: 2,615
Groaned at 10 Times in 9 Posts
Thanked 3,695 Times in 1,619 Posts
Mullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond repute
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.
Reply With Quote
The following 3 users would like to thank Mullhollander for this useful post:
  #10  
Old 19.04.2020, 14:16
Guest
 
Posts: n/a
Re: C Permit in case of separation/divorce

Quote:
View Post
Sorry! Didn稚 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?
Reply With Quote
The following 4 users would like to thank for this useful post:
  #11  
Old 19.04.2020, 14:42
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
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知 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.
Reply With Quote
The following 2 users would like to thank Nadia77 for this useful post:
  #12  
Old 19.04.2020, 20:09
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,209
Groaned at 88 Times in 84 Posts
Thanked 19,235 Times in 8,522 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: C Permit in case of separation/divorce

Quote:
View Post
I would like to kick off the process to get citizenship, but not sure how a separation or divorce would impact that. I知 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.
Reply With Quote
This user would like to thank 3Wishes for this useful post:
  #13  
Old 19.04.2020, 22:09
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
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稚 say 素amily reunification but it does say 素amily member of an EU national, whereas the previous permit referred specifically to 喪eunification 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.
Reply With Quote
  #14  
Old 19.04.2020, 22:35
Guest
 
Posts: n/a
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
Reply With Quote
  #15  
Old 19.04.2020, 22:42
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,088
Groaned at 96 Times in 77 Posts
Thanked 12,491 Times in 5,069 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: C Permit in case of separation/divorce

Quote:
View Post
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"?
Reply With Quote
  #16  
Old 20.04.2020, 06:56
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
Can you go back and click on "remove your groan"?
Done.
Reply With Quote
This user would like to thank Nadia77 for this useful post:
  #17  
Old 20.04.2020, 07:52
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 472
Groaned at 12 Times in 11 Posts
Thanked 244 Times in 146 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
Re: C Permit in case of separation/divorce

[his user groans at starDeMer for this post:
Chuff]

@Chuff, could you explain why please?
Reply With Quote
This user groans at starDeMer for this post:
  #18  
Old 20.04.2020, 08:30
Nadia77's Avatar
Member
 
Join Date: Sep 2009
Location: Zug
Posts: 203
Groaned at 6 Times in 4 Posts
Thanked 145 Times in 67 Posts
Nadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputationNadia77 has an excellent reputation
Re: C Permit in case of separation/divorce

Quote:
View Post
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..
Reply With Quote
  #19  
Old 20.04.2020, 09:32
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 3,471
Groaned at 17 Times in 15 Posts
Thanked 1,996 Times in 1,189 Posts
CH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond reputeCH_Me has a reputation beyond repute
Re: C Permit in case of separation/divorce

Quote:
View Post
I would like to kick off the process to get citizenship, but not sure how a separation or divorce would impact that. I知 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.
Reply With Quote
  #20  
Old 20.04.2020, 11:57
Senior Member
 
Join Date: Oct 2008
Location: Switzerland
Posts: 374
Groaned at 12 Times in 8 Posts
Thanked 218 Times in 126 Posts
ankurm.2008 has made some interesting contributions
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.
Reply With Quote
Reply

Tags
divorce, separation, zug




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
Separation / Divorce Advice!!! dhe12 Family matters/health 12 12.06.2014 14:15
Separation / Divorce jrspet Family matters/health 1 16.04.2012 21:41
Life after Divorce / Separation olygirl Family matters/health 61 02.03.2012 15:13
Divorce or 2 year Separation Eric Kantona Daily life 0 05.11.2011 14:53
Separation/Divorce momoko Permits/visas/government 23 07.02.2011 16:35


All times are GMT +2. The time now is 05:42.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0