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Old 23.01.2011, 12:18
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Separation/Divorce

Dear all,

My partner (EU citizen) and I (non-EU) might be going for a separation after 3 years of marriage, though I have only lived in Switzerland for a little more than 2 years. Prior to this, I was working and living in France.

Currently, I have a job as an IT specialist in an IT firm and speak both German and French.

Will my 5yr EC/EFTA B permit (which was tied on my marriage) be cancelled should we decide for divorce?

Thanks for your advice in advance!
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  #2  
Old 23.01.2011, 15:44
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Re: Separation/Divorce

AIUI, under EEA rules which I think CH adopts, Swissbob will know better, if divorced you can retain residency if married for three years, one or more of which must be in CH.

Separation is more problematical, since you are still at the mercy of you EU partner, if they leave CH, so must you.

In any case you will need proof of the EU National's exercising of a treaty right, 99% of the time in the form of a their passport and salary slips etc. Not easy to get if there's any acrimony or the ex-partner is unwilling.

The Swiss authorities might have different views tho, they seem to have taken EU/EEA immigration law into their own systems in parts, but to be fair they don't have to, CH is not on EU/EEA...
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Old 23.01.2011, 16:59
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Re: Separation/Divorce

Both of us live in Switzerland now, and he will definitely stay put here in Switzerland, as he has lived here for more than 10 years. As a matter of fact, we have known each other for about 9years, but have only decided to get married 3 years ago. But living together proves to be the last straw that breaks the camel's back - we are just so different!

I just hope that I can retain my permit (be it a 1-year B permit for non-EU or continue with the 5-year EC/EFTA B permit), since I have come to appreciate my job and my colleagues, which gave me a sense of positiveness apart from the constant quarelling at home!



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AIUI, under EEA rules which I think CH adopts, Swissbob will know better, if divorced you can retain residency if married for three years, one or more of which must be in CH.

Separation is more problematical, since you are still at the mercy of you EU partner, if they leave CH, so must you.

In any case you will need proof of the EU National's exercising of a treaty right, 99% of the time in the form of a their passport and salary slips etc. Not easy to get if there's any acrimony or the ex-partner is unwilling.

The Swiss authorities might have different views tho, they seem to have taken EU/EEA immigration law into their own systems in parts, but to be fair they don't have to, CH is not on EU/EEA...
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Old 23.01.2011, 18:22
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Re: Separation/Divorce

Always best to obtain ur permit not on the back of another, not always possible I know.

The big question - assuming again the normal EEA rules do work in CH, is whether ur partner will help with documentation, proof, etc, until then we can't advise really...

With respect, nothing else matters, friends colleagues, job, ur ex has the key I'm afraid, holds all the cards...
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Old 24.01.2011, 15:48
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Re: Separation/Divorce

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Always best to obtain ur permit not on the back of another, not always possible I know.

The big question - assuming again the normal EEA rules do work in CH, is whether ur partner will help with documentation, proof, etc, until then we can't advise really...

With respect, nothing else matters, friends colleagues, job, ur ex has the key I'm afraid, holds all the cards...
Why does he or she hold all the cards ? Can't one get an independent job based permit ?
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Old 24.01.2011, 17:00
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Re: Separation/Divorce

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Why does he or she hold all the cards ? Can't one get an independent job based permit ?
I mean with continuing the accrued time under EEA rules now - there are always other options of course which u rightly highlighted....
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Old 25.01.2011, 14:37
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Re: Separation/Divorce

I am wondering, whether it is possible for me to get the my 5-year B permit (which is dependant on the marriage) converted to one (1-year B permit for non-EU) that is dependant on my job?

If so, does it mean that I have to go through the entire quota review, despite the fact that I have worked in my present company for slightly more than 2 years now?
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Old 25.01.2011, 15:37
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Re: Separation/Divorce

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AIUI, under EEA rules which I think CH adopts, Swissbob will know better, if divorced you can retain residency if married for three years, one or more of which must be in CH.
If divorced you can retain residency if you have a job to support yourself in which case your permit will be changed accordingly.

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Separation is more problematical, since you are still at the mercy of you EU partner, if they leave CH, so must you.
Wrong. Permit can be changed same as above.

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I am wondering, whether it is possible for me to get the my 5-year B permit (which is dependant on the marriage) converted to one (1-year B permit for non-EU) that is dependant on my job?
Yes, but only if you divorce or your partner leaves Switzerland.
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Old 02.02.2011, 16:20
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Re: Separation/Divorce

I am Georgian citizen and came to Switzerland with my English husband. I came to Switzerland in 2009 june and in dec got separated. my husband has never paid me any alimony as assigned by cantonal tribunal. so, i applied for BRAPPA services. as a result, my visa was cancelled and i never received any money. can anyone advise me what to do plz?
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Old 02.02.2011, 16:55
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Re: Separation/Divorce

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I am Georgian citizen and came to Switzerland with my English husband. I came to Switzerland in 2009 june and in dec got separated. my husband has never paid me any alimony as assigned by cantonal tribunal. so, i applied for BRAPPA services. as a result, my visa was cancelled and i never received any money. can anyone advise me what to do plz?
While I have no idea what BRAPPA services are, you can file an injuction to pay against your husband at the local "Office des Poursuites" or (state-run) debt-collection agency. If you have a court decision in your favor it shouldn't be a problem.

As far as your residence is concerned, if your alimony isn't enough to live independently off (quite likely) then short of finding employment you can not remain in Switzerland.
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Old 02.02.2011, 17:04
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Re: Separation/Divorce

I have applyed for poursuit and received an answer saying "opposition totale". no idea on which grounds, but that's the way it is. It seems that system here works only and if, one has money. If not, forget it!!!

BRAPPA is a government agency that gives spouses alimony other party as not paid. But it seems this is a service for locals only, cause when I applied instead of giving me money (which i hoped to use to repay my debts) they canceled my visa. I wanted to check, if I can appeal ???? I have an abuse case started against him and want to complete it as well as try to get money for 1 year he owes me.
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Old 02.02.2011, 18:13
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Re: Separation/Divorce

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Both of us live in Switzerland now, and he will definitely stay put here in Switzerland, as he has lived here for more than 10 years. As a matter of fact, we have known each other for about 9years, but have only decided to get married 3 years ago. But living together proves to be the last straw that breaks the camel's back - we are just so different!

I just hope that I can retain my permit (be it a 1-year B permit for non-EU or continue with the 5-year EC/EFTA B permit), since I have come to appreciate my job and my colleagues, which gave me a sense of positiveness apart from the constant quarelling at home!
I was thinking about this. Instead of getting divorced right away, couldn't you go back to being "together" but live separately? I don't think there is anything wrong with that. If you love each other but want your own space. Try it before you jump into divorce. I hope you stay together!

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I have applyed for poursuit and received an answer saying "opposition totale". no idea on which grounds, but that's the way it is. It seems that system here works only and if, one has money. If not, forget it!!!

Doesn't "opposition totale" just mean that he is contesting what he owes? I can't imagine he won a "dismissal" of what he owes you. You should double check what this means.
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Old 02.02.2011, 21:08
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Re: Separation/Divorce

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Doesn't "opposition totale" just mean that he is contesting what he owes? I can't imagine he won a "dismissal" of what he owes you. You should double check what this means.
Correct. You need to ask a judge to over-rule the opposition. It's called "procedure de main-levee". It's standard procedure, none of that "system only works with money nonsense" - which is something BRAPA should do if they already advance you the money.

You need to sit down and approach this with a cool head, as hard as that may be.

BRAPPA has nothing to do with visa cancellations by the way.

Last edited by Shorrick Mk2; 03.02.2011 at 09:23.
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Old 03.02.2011, 17:03
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Re: Separation/Divorce

Somehow from all the information that I gathered in this forum and on the Internet, it does seem that those having a job (and preferably with high salaries such as above CHF100k per annum) and having married for at least 3 years have a higher chance to get their permit extended, even after the divorce is finalized. Am I right?

However, one thing I am worried about is, whether the authorities will suspect a divorcing couple of having entered into a marriage of convenience, especially when the couple is just married for a couple of years.

Sometimes, I feel that a couple needs some personal space once awhile...
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Old 04.02.2011, 09:37
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Re: Separation/Divorce

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Somehow from all the information that I gathered in this forum and on the Internet, it does seem that those having a job (and preferably with high salaries such as above CHF100k per annum) and having married for at least 3 years have a higher chance to get their permit extended, even after the divorce is finalized. Am I right?
You have a chance.. But need to undergo lotta hurdles.. Best wishes...
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Old 04.02.2011, 17:19
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Re: Separation/Divorce

dear shorik, thank u for ur answers... i did not know... i also wanted to ask... if u could also advise, what can I do about my cancelled visa? i am going to appeal to ask them to give me more time, to complete my abuse case, divorce as well as asset division. do u think this will work? what are my chances? any place i can get advise/ help?
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Old 04.02.2011, 20:01
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Re: Separation/Divorce

Sorry, I am not trying to sound negative here, but I think wouldn't it be better for us women to be independent even after divorce? I mean, fighting for assets, visa, alimony etc especially given that the marriage lasted for just half a year...I think the authorities will think even more that it was a marriage of convenience and more likely to reject the permit.
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Old 05.02.2011, 19:20
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Re: Separation/Divorce

momoko, i cannot agree more in terms of women need to be independent... but given i have left behind my career (actually my own business) in Georgia to follow my husband to the US, and then turned down job offer in the US to follow him to Switzerland, I think I deserve compensation. And by the way, we have been married for 4 years before coming to Switzerland, where we stayed together only for 6 months.
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Old 06.02.2011, 18:35
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Re: Separation/Divorce

Hi irinulik, sorry that I wasn't aware that u have been for 4 years now. I am all the more surprised that your permit is rejected! I thought one has the right to stay here If the marriage lasts more than 3 years?
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Old 06.02.2011, 21:07
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Re: Separation/Divorce

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Hi irinulik, sorry that I wasn't aware that u have been for 4 years now. I am all the more surprised that your permit is rejected! I thought one has the right to stay here If the marriage lasts more than 3 years?
Three years in Switzerland, not in general. On top of that there must be a source of income (e.g. employment). Even then, it is not 100% guaranteed.

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momoko, i cannot agree more in terms of women need to be independent... but given i have left behind my career (actually my own business) in Georgia to follow my husband to the US, and then turned down job offer in the US to follow him to Switzerland, I think I deserve compensation.
Swiss law doesn't provide compensation for "lost opportunities".
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