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Old 16.08.2011, 23:41
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Applying in Switzerland for dependant Permit or not?

Hi,

I was reading a lot but as many of us said I couldnt find the concrete answer.
I am Serbian national but spouse of EU national.
My husband got a job at a bank in Zurich and he is waiting for his L permit, We currently live in London. I have Uk Residence Card.

As a Serbian national i do Not need an entry visa, I can travel without visa to Switzerland, but I ve been told by Swiss embassy in London that I have to apply for Dependant permit/visa with them - meaning to apply from London abd wait from 6-8 weeks until i get it. When i asked them can I travel as a tourist to Switzerland to be with my husband until they make decision on my dependant permit and come back to london to collect it, they replied NO- as once i apply for that permit they will put a stamp in my passport and i cannot travel to Switzerland until i get that permit.

the thing is, we terminated our tenancy agreement already for September, meaning we will move out of the flat by end of Sept as we planned to go together to Siwtzerland as my husbands work commences in a mid of Sept. So if I am to be left behind in London ALONE without my husband , waiting for that dependant permit , I actually have no place to stay except hotel which is additional expense, PLUS most importantly I will be separated from my spouse.

My question would simply be: ' Do i have a right to apply for Dependant Permit from Switzerland once I get there as a visitor- bearing in mind I do not need a tourist ( Schengen ) visa to enter Swizterland?
If I apply from there, will their Authorities accept my application for dependant permit?

( Ps we already found a flat in Switzerland and my EU husband already bought a flight ticket for ZHR)

I expect some of you to say there were already some threads similar to mine , but sincerely I could not find the concrete answer to my question.

Thank you in advance.
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Old 17.08.2011, 11:14
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Re: Applying in Switzerland for dependant Permit or not?

Anyone, please?
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Old 17.08.2011, 11:17
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Re: Applying in Switzerland for dependant Permit or not?

I am sorry but I don't know the answer to your specific question but as a suggestion, why don't you go and visit some family back home for a month, perhaps take a holida in the Med and relax a bit.

Best of luck.
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Old 17.08.2011, 11:32
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Re: Applying in Switzerland for dependant Permit or not?

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I am sorry but I don't know the answer to your specific question but as a suggestion, why don't you go and visit some family back home for a month, perhaps take a holida in the Med and relax a bit.

Best of luck.
: )) I appreciate your advice, but I did make enough of my short holidays recently. Just got back from Serbia, previously been to Paris and this weekeend going to Amsterdam. Need to settle down a bit next to my hard working hubby!
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Old 17.08.2011, 19:21
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Re: Applying in Switzerland for dependant Permit or not?

You have a very tricky situation I have to say. Technically you must apply in your country of residence. But there are plenty of couples who if they are residents in and EU/EEA country just show up together and register together with their partners.

Search on the forum you will find a whole bunch of threads on this and you will have to make up your own mind what to do. Start by scrolling down the page. You will see similar questions. Click & read. Fun stuff!!
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Old 17.08.2011, 20:23
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Re: Applying in Switzerland for dependant Permit or not?

I can't speak to the UK, but when we moved to Zurich from Canada at the end of last year, on email, the consulate told us that my husband could not come to Switzerland before he received his visa (even though he could be a visitor for 3 months normally), but when I went and talked to them to pick up my permit, they gave us the following advice verbally:

- apply for the dependent visa in your country of residence (for us Canada) as this cannot be done from Switzerland
- my husband came to Switzerland with me and went through customs separately - me with the residence permit after he went through as a visitor
- register at the gemeindehaus for the person with the residence permit within the time frame necessary (I think it was 8 or 10 days)
- when you get notified that the dependent visa is in, tell them you are currently out of the country and ask for them to transfer it to the consulate in a neighbouring country to Switzerland (we asked for Munich) and take a trip to go pick it up. It takes 24-48 hours to get it from them so plan for a couple nights stay and enjoy the city on a short trip.
- you then enter Switzerland with the residence permit in hand - not that anyone asked for it on the train
- go register at the Gemeindehaus and you are both officially registered

bottom line, you can't pick up the permit in Switzerland - you need to enter the country with it, but you don't need to stay within the borders of the country you have applied from until it comes in.

Good luck with the move!
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Old 17.08.2011, 20:27
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Re: Applying in Switzerland for dependant Permit or not?

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You have a very tricky situation I have to say. Technically you must apply in your country of residence. But there are plenty of couples who if they are residents in and EU/EEA country just show up together and register together with their partners.

Search on the forum you will find a whole bunch of threads on this and you will have to make up your own mind what to do. Start by scrolling down the page. You will see similar questions. Click & read. Fun stuff!!
Thank you very much , your advice was helpful.
I am aware my situation is tricky that is why I needed a help from all of you on this forum.
YOu see , my husband got his job just a bit more than week ago, so factually I had a time I would apply at swiss embassy here in London, but we already are going to move out of this flat in london and when my husband goes to Switzerland I cant be alone here and without accomodation- we dont want to pay extra for my hotel room as we are now choosing some flat in Zurich so we dont want to pay two flats , here in lOndon and one in Zurich just because they want me to apply from London. I personally think leggaly I have right to reside in Switzerland for up to 3 months so I think i will just go there with my spouse and we will together register as you said and apply for the short term residence for me according to my husbands L permit.

Personally, do you think when I go there to canton to register and ask to fullfil application for a short term residence as a wife of the holder of L permit and as a wife of EU national, c o u l d I maybe take ''my husbands last minute signed contract with a Swiss bank'' as a reason of not having a time to apply from country of residence - UK but to come to Switzerlnd to apply with a husband in person?

Im sorry if I bother you but I would much appreciate if anyone could give any suggestions on the situation I just stated above.

As i think this would be the last thing I would need to find out about to make sure all this situation will work out for me.

Thanks
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Old 17.08.2011, 20:35
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Re: Applying in Switzerland for dependant Permit or not?

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I can't speak to the UK, but when we moved to Zurich from Canada at the end of last year, on email, the consulate told us that my husband could not come to Switzerland before he received his visa (even though he could be a visitor for 3 months normally), but when I went and talked to them to pick up my permit, they gave us the following advice verbally:

- apply for the dependent visa in your country of residence (for us Canada) as this cannot be done from Switzerland
- my husband came to Switzerland with me and went through customs separately - me with the residence permit after he went through as a visitor
- register at the gemeindehaus for the person with the residence permit within the time frame necessary (I think it was 8 or 10 days)
- when you get notified that the dependent visa is in, tell them you are currently out of the country and ask for them to transfer it to the consulate in a neighbouring country to Switzerland (we asked for Munich) and take a trip to go pick it up. It takes 24-48 hours to get it from them so plan for a couple nights stay and enjoy the city on a short trip.
- you then enter Switzerland with the residence permit in hand - not that anyone asked for it on the train
- go register at the Gemeindehaus and you are both officially registered

bottom line, you can't pick up the permit in Switzerland - you need to enter the country with it, but you don't need to stay within the borders of the country you have applied from until it comes in.

Good luck with the move!
Thank you for reply but I couldnt understand well whether your husband came to Switzerland as a visitor and then aaplied for dependant visa at Canton or from Canada?
Seems he applied in Switerland after he came as a visitor? Correct me if I'm wrong, please!

Thank you once again! xxx
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Old 17.08.2011, 20:35
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Re: Applying in Switzerland for dependant Permit or not?

Has your husband's permit already been approved ? Was your dependent permit processed at the same time ?

If so, then it should be a fast process. I looked up the info for a colleague who is UK, travelling with dependent husband and child (US) and it is actually written into the Schengen agreement that processing authorities should expedite the process and provided you can show the correct paperwork (in this situation they wanted a copy of the work contract properly signed, copy of lease contract for apartment, copy of marriage certificate, and the relevant documents for identity) - getting the entry visa was very straightforward, and the slowest thing was lining up all the paperwork and getting the appointment at the consulate general.
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Old 17.08.2011, 20:52
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Re: Applying in Switzerland for dependant Permit or not?

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Has your husband's permit already been approved ? Was your dependent permit processed at the same time ?

If so, then it should be a fast process. I looked up the info for a colleague who is UK, travelling with dependent husband and child (US) and it is actually written into the Schengen agreement that processing authorities should expedite the process and provided you can show the correct paperwork (in this situation they wanted a copy of the work contract properly signed, copy of lease contract for apartment, copy of marriage certificate, and the relevant documents for identity) - getting the entry visa was very straightforward, and the slowest thing was lining up all the paperwork and getting the appointment at the consulate general.
Hi
1). Yes, my husband has already L-permit ( as his contract lasts for 6 months) and is an EU national
2). Yes, my husband has a contract with Credit Suisse - so dont htink the finance would be an issue
3). we have some offers for apartments- maybe even this week or next we will start off the Tenancy agreement for some of the flats in Zurich
4). As a Serbian national myself, I dont need a Entry visa all I need is Dependant permit as I will stay in Zurich for 6 months with my husband ( as I can entry and reside Switzerland for only up to 3 months).

So, it seems like unwritten law but also looks legal if I would go to reside with a EU husband there and soon as I get there ask for another 3 months more ( called, I think, Short stay permit in connection with my husbands L permit).
I have read on one of canton's site that EU members have fully right to get there family with them even though they r not EU nationas themselves but those non EU family of EU nationals need a Visa to Entry- which I think I do not need in this case as Im on Schengen free visa list.

Any comment appreciated.
Thanks
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Old 17.08.2011, 20:59
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Re: Applying in Switzerland for dependant Permit or not?

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Thank you very much , your advice was helpful.
I am aware my situation is tricky that is why I needed a help from all of you on this forum.
YOu see , my husband got his job just a bit more than week ago, so factually I had a time I would apply at swiss embassy here in London, but we already are going to move out of this flat in london and when my husband goes to Switzerland I cant be alone here and without accomodation- we dont want to pay extra for my hotel room as we are now choosing some flat in Zurich so we dont want to pay two flats , here in lOndon and one in Zurich just because they want me to apply from London. I personally think leggaly I have right to reside in Switzerland for up to 3 months so I think i will just go there with my spouse and we will together register as you said and apply for the short term residence for me according to my husbands L permit.

Personally, do you think when I go there to canton to register and ask to fullfil application for a short term residence as a wife of the holder of L permit and as a wife of EU national, c o u l d I maybe take ''my husbands last minute signed contract with a Swiss bank'' as a reason of not having a time to apply from country of residence - UK but to come to Switzerlnd to apply with a husband in person?

Im sorry if I bother you but I would much appreciate if anyone could give any suggestions on the situation I just stated above.

As i think this would be the last thing I would need to find out about to make sure all this situation will work out for me.

Thanks

Oh im sorry, I see. YOu are telling me that your husband applied in Canada at Swiss embassy but still WAS ABLE TO TRAVEL and come to Switzerland?

SO , that STAMP that Swiss have put it in his passport was not a problem when he arrived to Swiss airport??
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Old 17.08.2011, 21:03
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Re: Applying in Switzerland for dependant Permit or not?

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I can't speak to the UK, but when we moved to Zurich from Canada at the end of last year, on email, the consulate told us that my husband could not come to Switzerland before he received his visa (even though he could be a visitor for 3 months normally), but when I went and talked to them to pick up my permit, they gave us the following advice verbally:

- apply for the dependent visa in your country of residence (for us Canada) as this cannot be done from Switzerland
- my husband came to Switzerland with me and went through customs separately - me with the residence permit after he went through as a visitor
- register at the gemeindehaus for the person with the residence permit within the time frame necessary (I think it was 8 or 10 days)
- when you get notified that the dependent visa is in, tell them you are currently out of the country and ask for them to transfer it to the consulate in a neighbouring country to Switzerland (we asked for Munich) and take a trip to go pick it up. It takes 24-48 hours to get it from them so plan for a couple nights stay and enjoy the city on a short trip.
- you then enter Switzerland with the residence permit in hand - not that anyone asked for it on the train
- go register at the Gemeindehaus and you are both officially registered

bottom line, you can't pick up the permit in Switzerland - you need to enter the country with it, but you don't need to stay within the borders of the country you have applied from until it comes in.

Good luck with the move!
Oh im sorry, I see. YOu are telling me that your husband applied in Canada at Swiss embassy but still WAS ABLE TO TRAVEL and come to Switzerland?

SO , that STAMP that Swiss have put it in his passport was not a problem when he arrived to Swiss airport??
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Old 17.08.2011, 22:06
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Re: Applying in Switzerland for dependant Permit or not?

Even though you don't need an entry visa as a tourist, you do need one to live here - such is the procedure and it was the same for me).

Our experience was similar to caninsui's. I came here first; my husband's dependent permit was approved. He came over here as a tourist for two weeks, went back, picked up the entry visa and then came here to live, registering with the authorities.

Is there a reason you couldn't be here with your husband as a tourist for some weeks, and then hop back to London to pick up your visa and enter in that status?

I would recommend not trying to bend the rules. Usually, there are no problems and the officials are friendly and efficient, but there is an expectation that rules should be respected.... it's ultimately a lot easier that way.
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Old 17.08.2011, 22:10
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Re: Applying in Switzerland for dependant Permit or not?

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I have read on one of canton's site that EU members have fully right to get there family with them even though they r not EU nationas themselves but those non EU family of EU nationals need a Visa to Entry- which I think I do not need in this case as Im on Schengen free visa list.

Any comment appreciated.
Thanks
Yes. They have the right but they have to go through the correct procedures. A 2005 court case stated the NonEU spouses although they have the right need to apply for a visa. You don't need a visa if you are tourist. You will not be tourist. You will be a resident.

The Canadian example above although is the normal process is different as they were not residing in an EU country and this is where people seem to be "getting away with" just turning up in Switzerland.

Again, you can ask us our opinion, but only the authorities in the particular canton in question can give you a definitive answer. To not be alone without your spouse you should have applied with enough time. That's what they are going to tell you.

So, now either you apply from the UK, apply for your own country, or come here try your luck, but have plan B ready should they make you apply from outside Switzerland.
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Old 17.08.2011, 22:16
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Re: Applying in Switzerland for dependant Permit or not?

Thanks, miniMia. I should clarify that in my example above, my husband also came from a non-EU country.
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Old 17.08.2011, 23:08
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Re: Applying in Switzerland for dependant Permit or not?

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Thanks, miniMia. I should clarify that in my example above, my husband also came from a non-EU country.
Thank you people!
First of all I have no intention tobend any of the rules! I respect them just trying to find the easiest way.

So, you are suggesting that I COULD APPLY FROM LONDON and still TRAVEL to Switzerland as tourist and then come back to pick up my visa?? THATS PERFECT if I can do so!
As when I contacted Swiss embassy in London the lady said Different!! She said once I apply there in embassy for Dependant permit I CANNOT travel to Switzerland because they will STAMP my passport and I wont be able to go to Switzerland until I get that Dependant permit and I told her that I could travel as a tourist without visa to Switzeland.

Why she should tell me differently if you did it and it worked for you?
Maybe she is trying to stop me or she really didn't know that information.
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Old 18.08.2011, 12:25
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Re: Applying in Switzerland for dependant Permit or not?

Technically the rule is you are not allowed into the country you are applying for a visa for until you have it in hand and that is exactly what the consulate people are supposed to tell you. Reality however is that many people do not wait for this and have found a way around - like we did.

For us, my husband wasn't permitted to apply for a dependent permit until I had mine approved first, so it couldn't be done at the same time. Not sure if that is a non-EU vs EU thing or just Switzerland, but the thought of having him remain in Vancouver for up to 4 months never knowing when he would get the permit was not something we wanted to do, so when the woman at the consulate gave us the advice she did, we took it. But it was the same woman who on email had told us no - so my guess is anything written down they are going to stick fast to the official response, but are willing to let you know the loop holes verbally.

My husband never received a stamp upon arrival in Switzerland as we had to connect through Frankfurt, so I honestly don't know if that mattered or not but we had no issues at all when we picked up his permit. And the UK is close enough that you could still always go back there to pick it up when it is ready - we just didn't want to do that back to Canada

Besides - you still have over a month before the end of September, so get your paperwork in asap now that your husband's permit is in, and you might have yours before you come anyway! just make sure you submit everything they ask for (including the number of copies asked for) and get a few extra photos done up as you will need them for pretty much every document you submit when you arrive!
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Old 18.08.2011, 13:09
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Re: Applying in Switzerland for dependant Permit or not?

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So, you are suggesting that I COULD APPLY FROM LONDON and still TRAVEL to Switzerland as tourist and then come back to pick up my visa?? THATS PERFECT if I can do so!
As when I contacted Swiss embassy in London the lady said Different!! She said once I apply there in embassy for Dependant permit I CANNOT travel to Switzerland because they will STAMP my passport and I wont be able to go to Switzerland until I get that Dependant permit and I told her that I could travel as a tourist without visa to Switzeland.
No, let's be very clear here - what everyone is telling you is that

  • the London embassy staff are correct in what they say. You need to apply for the visa from your normal country of residence, and once you have applied, you are not allowed to enter Switzerland until your visa is issued and picked up by you.
and that
  • You might choose to try to enter Switzerland during this processing period. It may have repercussions, it may not. You will have to decide on the risks involved. One of the possibilities is that if detected and action is taken, you will find that you are flagged up on both the Wikipedia reference-linkVisa_Information_System and the SIS Wikipedia reference-linkSchengen_Information_System, and then you'll really start to have fun trying to move round (Schengen) Europe .

To quote Harry, "Do you feel lucky?"
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Old 18.08.2011, 13:46
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Re: Applying in Switzerland for dependant Permit or not?

Im confused now.

DO you think Information, obtained from Canton in Zurich, could be a competent?

My husband just called them and the woman said that normally Swiss embassies abroad dont put stamp but some do so you cant travel to Switzerland until u get permit. She also said, many people do that- apply from country of residence and come to Switz and go back to previous country to collect their permits.
She also said, even if I come as a visitor with my husband there would not be a problem to apply for dependant permit in their canton when my husband comes to register with them within certain time.

I really do not understand how their system is working. I guess they all work for themselves.. as I read they act as Federation, consists of 26 mini states. So no wonder everyone has his own story. All I know is that I would not want to be on their list of bad ones..

But thank you guys for your much appreciated replies.

x
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Old 18.08.2011, 14:40
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Re: Applying in Switzerland for dependant Permit or not?

bottom line - regulations say not to come. If you do come, it is a risk, and so why would you try to register with your husband without having a permit? that just officially says you have done something against regulations!

if you come, come as a visitor and do not register for you until you have your permit. means also he will have to get medical insurance in Switzerland first, and you don't until you have your permit in hand. so have travel insurance or make sure your coverage from the UK stays in place.
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