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Old 25.07.2021, 14:32
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Marriage in Switzerland between EU-national and third-country national

Hi guys,

I have a question about marriage in Switzerland. I am an EU-national (Spanish), and my fiancť is a third-country national, without an EU residence permit. She has been in her home country for the last 6 months because her Spanish visa expired. Originally, she was planning to come in October to Europe after getting her vaccine on a tourist visa, and we would get married in Spain. Because we are married, she can get a residence permit in Spain without a problem. Recently, I got a job offer in Zurich, but I would need to start in October when she is arriving. I am pretty lost by all the information I have come across, so I decided to post here if anyone can provide some more info on the matter.

As an EU-national, I would get a Swiss residence permit (B). From what I understand, if we are married before I move and she has a valid EU residence permit, we can be "reunited" in Switzerland. Unfortunately, even if we were to get married in Spain before the job started, the reisdence permit takes time to get in Spain, so I don't think she would realistically have the permit before I move to Switzerland.

So, the other option we are looking at is just getting married in Switzerland. Does anyone know how marriage works with an EU-national (residence permit B) and a non-EU national (with a tourist visa)? Are we allowed to get married, and would she be issued a residence permit? Thanks in advance!
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Old 25.07.2021, 16:02
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Re: Marriage in Switzerland between EU-national and third-country national

Hi, I (non-EU) got married to an EU national with a permit C so I donít know if my experience will be relevant to you. The short of it is I think it will be easier and faster if you get married in Spain (or her home country perhaps?) and then apply for her residence permit. I canít say how long it would take her to get the residence permit once sheís here but it took about a month for mine once I arrived here; it would have been faster if the migration office communicated better but thatís another story (I also applied for the residence permit before I came to Switzerland).

When my wife and me were looking to get married, the official fromthe marriage section of the Swiss consulate in New York (I was living in the US at that time, but Iím not a US national) advised us to get married elsewhere because the Swiss process and requirements (esp. for a non-EU national) can be long and complicated; they assured us our marriage certificate would be recognized in Switzerland without any difficulties.

We took the advice and got married in France instead. Once we had our marriage certificate, we sent a copy to the the cantonal migration office (OCPM) in Geneva. I provided my biometric data and my permit (B) was issued a week after doing so. Obviously thereís more to my story but thatís the gist of it
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