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Old 14.02.2011, 16:57
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Non-eu partners - family reunification

Hello, it's my first post, so sorry if I am repeating with some other one, but I couldn't find exactly what I need.

I just got a job in Switzerland, and I am supposed to start in 6 months. I will probably get B permit.

So, my question is, if we get married (we are both non-eu citizens) is it possible for him to get also B permit and find a work afterwards?

I have read on the forum that he may get "dependent" B permit, but after that here I read this (I know this is an English speaking forum, but you can translate it with Google translate, or maybe there is somebody who know French and can help me):
Quote:
Sont concernés par le regroupement familial, le conjoint étranger et les enfants étrangers jusqu'à 18 ans du titulaire d'un permis B ou L. Dans ce cas, ils ne bénéficient pas d'un droit à l'octroi d'une autorisation de séjour au sens des articles 44 et 45 LEtr. En conséquence, le regroupement familial est assorti des conditions suivantes :
  • vivre en ménage commun;
  • disposer d'un logement approprié;
  • ne pas dépendre de l'aide sociale.
Does this means that he can just come to live with me, but he won't be able to work?

Also below was written:
Quote:
Le regroupement familial doit être demandé dans un délai de 5 ans.
And I really don't get it what is with these 5 years?

Thank you in advance!
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  #2  
Old 14.02.2011, 17:12
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Re: Non-eu partners - family reunification

Charlotte, what you have cited above are the guidelines for a person who is already here and wants their spouse/children to join them.
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Old 14.02.2011, 17:19
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Re: Non-eu partners - family reunification

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So, my question is, if we get married (we are both non-eu citizens) is it possible for him to get also B permit and find a work afterwards?
Somebody will come along with more detailed info. But, I can tell you this: The spouse gets the same permit as you, that means if you are on a B, your spouse will automatically get a B, and will have the right to work if he/she can find the job, and this is important - without the employer having to jump through the hoops of proving that no Swiss / EU person could be found to do that job.

If, however, you get an L permit, the employer will have to prove this, and some employers might not think it worth the trouble, thereby making the job search a bit more difficult for your spouse.
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  #4  
Old 14.02.2011, 17:21
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Re: Non-eu partners - family reunification

I would advise to have your permit first, in Switzerland probability of getting a B permit for a non EU for a first job are not the greatest.

And whatever permit you get , your spouse would get the same.

If you get L then your spouse might have problems in finding work while with B permit it is easier to get a job then on a L.
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Old 14.02.2011, 17:43
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Re: Non-eu partners - family reunification

@TradeTicker and @sankbhat - Thank you for the info.

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Charlotte, what you have cited above are the guidelines for a person who is already here and wants their spouse/children to join them.
Well, I thought it in a way if I go there, and then I want him to join me after a month or two..
I was worried because I understood from it that if I get B permit, then he won't have right to get a residence permit. And that the familly reunification is valid in such form only for C permits.

Also, is it a problem if we are not married for a long time, or we get married just before he apply for visa/permit?
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Old 14.02.2011, 17:45
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Re: Non-eu partners - family reunification

You just need to be married , even a day before applying visa would be good enough.
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Old 14.02.2011, 17:48
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Re: Non-eu partners - family reunification

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I would advise to have your permit first, in Switzerland probability of getting a B permit for a non EU for a first job are not the greatest.
I am aware of this, but this company has high reputation, so probably I won't have problems with getting B permit.
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  #8  
Old 14.02.2011, 18:11
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I am aware of this, but this company has high reputation, so probably I won't have problems with getting B permit.
It has nothing to do with the company's reputation.
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  #9  
Old 15.02.2011, 09:20
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Re: Non-eu partners - family reunification

I second swissBob here.
All the big banks & pharmaceutical companies here in switzerland have had instances where they failed to keep/get their employees because of permit issues.
Dont go with the big names if you mean this by reputation.
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  #10  
Old 15.02.2011, 09:58
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Re: Non-eu partners - family reunification

I agree with what's written above.

As for the conditions you found in the law, they're true:
If you're married and if your spouse comes on a dependent permit, you have to live together, in a big enough apartment, and you can't be dependent on aid (that is, you have to have a big enough salary to support him). All of these conditions are easy to meet.

But what you don't know and can't know for sure, is whether you will get an L or a B permit. Implications for your spouse are very different on these two permits, as outlined by previous posters.
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Old 15.02.2011, 10:31
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Re: Non-eu partners - family reunification

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It has nothing to do with the company's reputation.
Indeed it has nothing to do with the company's reputation.. rather your citizenship, the canton and maybe the HRs..check the stats for nonEU in your canton.. (for example Bern is quite conservative when it comes to giving B permits) as far as HR if they are competent enough and have some connections at the local office they can check on your permit status... if you dnt get what you hoped for the HRs can help you complain and argue for a B permit...

Sorry to intrude in the topic - I asked this in another post but no response yet.. has anyone been able to change their permit from L to B long before the L expires? Can you share some details and advice on this matter?
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  #12  
Old 15.02.2011, 10:58
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Re: Non-eu partners - family reunification

just went through this - depending on the canton you are moving to, a B permit is far from expected anymore. If you are moving to Zurich as a non-EU, they are starting everyone with an L now (EU is different but still not guaranteed), and you are on an L until the second renewal, so two years. Technically you can't apply for the family reunification until you have your permit in hand, and "technically" your spouse isn't supposed to be in the country which is what the people at the swiss consulate will tell you in anything written, but when I went to pick up my permit, when I handed in the family reunification documents and said he would be joining me as soon as it went through, she told me that as a Canadian, he could visit Switzerland and we just made arrangements to pick up his permit in Germany when it came through as he has to enter the country with it. There are time limits for visiting though, too, which we didn't even have to consider as it only took a couple weeks for him to get his permit (definitely not the norm) but depending on what country you are coming from and if your company submits a lot of his paper work already or not, it can take up to 4 months.

Note on L permit - It does make things a lot tougher for setting up (need to get backing of your company on apt applications to have any chance, have to look around to find best deposit deal on cell phones, tougher to get credit cards approved, anything to do with financing or credit is generally tougher with an L than a B as you are seen as more of a risk) and also for your spouse trying to get a job who, as mentioned, gets the same permit as you. Depending on what their job is, for specialized type jobs (ie my husband is a golf professional), you can get a letter from your Gemeinde that makes it super easy for an employer to jump through only a couple hoops - that is if you can find an employer which we have not yet been so lucky to do as of yet. If your spouse is not in a specialized job, then it is is easier than if he was applying from outside the country, but they still need to go through a process which some employers shy away from.

Bottom line, if he comes with you , make sure you are making enough to support both of you for a while. Some people have no problem finding a job and an employer, but if your spouse doesn't speak German, that in itself makes things tougher, but not impossible depending on the industry he is in.
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  #13  
Old 15.02.2011, 14:14
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Re: Non-eu partners - family reunification

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(EU is different but still not guaranteed)
Providing you have a standard employment contract or are self employed then it is guaranteed .
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Old 19.02.2011, 19:17
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Re: Non-eu partners - family reunification

First of all, thank you for all replies.

I really don't expect to have problems with the permit, because actually I will be a doctoral student at EPFL. I got the offer, and with that it is guaranteed that I'll have good salary and enough finances for good living. Of course, if my boyfriend comes with me he will also need to find a job, and that's why I am asking for this procedure.

And also, as you've stated, there are chances that I may receive L instead, but I am supposed to stay there first for a year, and later for 3 or more years, so I think that those chances are pretty small.
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Old 20.02.2011, 13:32
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Re: Non-eu partners - family reunification

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First of all, thank you for all replies.

I really don't expect to have problems with the permit, because actually I will be a doctoral student at EPFL.
In which case your dependant will not automatically have the right to work.
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  #16  
Old 20.02.2011, 13:53
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Re: Non-eu partners - family reunification

I know that each case is slightly different as mentioned above regarding canton, and even the time of the year, but just to share my experience: My husband is also a doctoral student (who got a B permit), and I received one as well. Even though he's studying, it's also considered a formal job because he has to teach as well.
There is no issue regarding how long you have been married, but we decided to get legally married months before our wedding so I could move here right after the wedding (the permit process time for me was 4 months).

Unfortunately there's just a lot of waiting time to see which permit you'll end up with
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Old 20.02.2011, 16:05
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Re: Non-eu partners - family reunification

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In which case your dependant will not automatically have the right to work.
You mean that even if he receive a dependent B permit, with it he won't have right to work?
And what can he do with it, just to live with me??

And what else he need to do to get working permit after he has received dependent B permit? Does that mean that again he must to have some specialized job for which an European or Swiss citizen can not be found?
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Old 20.02.2011, 19:49
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Re: Non-eu partners - family reunification

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I know that each case is slightly different as mentioned above regarding canton, and even the time of the year, but just to share my experience: My husband is also a doctoral student (who got a B permit), and I received one as well.
And once you got this permit, you had the same rights as him and you could work and you had no troubles finding a job??
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Old 20.02.2011, 23:38
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Re: Non-eu partners - family reunification

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And once you got this permit, you had the same rights as him and you could work and you had no troubles finding a job??
You have been given the answer already:

Quote:
The spouse gets the same permit as you, that means if you are on a B, your spouse will automatically get a B, and will have the right to work if he/she can find the job, and this is important - without the employer having to jump through the hoops of proving that no Swiss / EU person could be found to do that job.

If, however, you get an L permit, the employer will have to prove this, and some employers might not think it worth the trouble, thereby making the job search a bit more difficult for your spouse.
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  #20  
Old 21.02.2011, 06:46
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Re: Non-eu partners - family reunification

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You have been given the answer already:
Not quite - if a student B permit then the spouse may not have the right to work.
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