Re: Non EU w/ a Student Visa to get married to a same country C Permit holder
I don't know if this treath is still needed, but there are some corrections to Swissbob.
Marriage: Ether one of the marriage couple needs residency on the place of the wedding ceremony. You can not have a marriage without residency. If you wedding is on a fancy place like Bermuda, Bahamas, DR etc. then they (usually the governor itself) will give for the day of marriage a day permit of residence. Your paper needs to be filed before at the swiss embassy. Failing could result in canceling or non acceptance of the marriage!
I.e. you decide to have a surprise wedding in Las Vegas, valid in the US, non valid in EU.
You should receive, by Schengen law, the same residency as your spouse.
The only exception is: if your Swiss, then the partner will get only B-Permit or the better one if she/he had one before (like C).
If you married in Switzerland, your spouse could stay immediate (new will be impossible to marry with a tourist visa, she/he need a spouse visa) - the spouse visa gives the right to stay for 6 months -enough time to issue the regular permit.
If you married outside Switzerland, she/he has to remain OUTSIDE CH until your marriages is approved and acknowledged.
If one of you are Swiss, this are the rules: If the Swiss has Swiss residency, then the whole approval process is made before with the spouse visa. The Swiss residency holder has to file by his commune (Einwohnerkontrolle) for the marriage, they will give you a list with requirements. The foreign spouse with the Swiss Embassy (also they will give a list).
If the Swiss has no Swiss residency, then the papers have to go a long way for federal approval, there are cases up to 10 months until the wedding is accepted. Until then no entry aloud for the spouse. (OK with vaild visa, but you will NOT get the permit). Any shortcuts you may try end up in delaying your papers (their way to pay back your attempt).
I personally would advise you to marry in Switzerland. It also depends on some details, like how long you live in Switzerland on the Student Permit, if the Student Permit is about to expire (marriage in convenience?)
But as it is same country marriage, I don't see any clouds on the horizon.
One thing Switzerland is doing constantly wrong - if one spouse has a residency permit (or is EU Member) then the partner don't need a Swiss (EU) visa as long he/she is traveling together (Schengen law).
George
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