Permit for Non EU husband of EU citizen

lucern_bound · #1 18.09.2011, 05:22

Hi Guys.

I have been searching this forum for a few hours a week for the past 3 months.

We could not find a definitive answer so pursued the Local swiss embassy. The swiss embassy pointed us to the Lucern migration web page, which pointed us to the Swiss permit page, which is a dead end.

Here are the technical details:

I am a non EU citizen, I am marrying my partner of 11 years in January who holds a British passport which qualifies her as an EU citizen (That much I have confirmed), so therefore she is entitled to a B 'EC' permit.

We intend to arrive in Lucern at the beginning of March, and I have many suitable jobs I can apply for, which obviously I would like to do as soon as possible.

Here are the questions:

1. As a Non EU husband of an EU national, am I automatically entitled to come with my wife in March, and apply in person at the Lucern office, for a spouse's B permit?

2. If not, what is the process? I have reached a dead end with my research!

3. Our embassy pointed us to a family re-unification application, (Familiennachzug, Nicht EU/EFTA Bürger, Gesuchsteller CH oder mit NL-Bewilligung) however we will not be apart, so this would be the wrong process to pursue, correct?

Thanks a lot guys,

Chris

miniMia · #2 18.09.2011, 06:20

1. No.
2. You need to apply for a family reunification visa which will give you a "D entry visa". When you get approved & the D visa in your passport then you can move to Switzerland. When you get to Switzerland you register at the commune that you are living in and they will issue you a B resident permit, which after being granted the D visa it's a formality, in that you've been approved.
3. Yes. It is correct. It's just what it's called. You don't have to be apart.

#3 18.09.2011, 07:32

I may be reading between the lines here but it seems the OP is expecting that as his wife has a UK passport this entitles him to take up employment in Switzerland but there is no mention of why his wife is coming to Switzerland.

First the EU spouse will need to obtain employment in Switzerland or have some other valid reason to be here. Then it is as simple as miniMia says. However, if she (EU spouse of OP, not mini) is not in that situation then the non-EU spouse will have to go through the normal sponsorship programme.

drmom · #4 18.09.2011, 07:55

Well, I don't know how my situation is different, except my husband is a German citizen. He got his B permit and the rest of us all (me, American) got our B permits as well as Familiennachzug. Reading the print on the back is the same as my husband's and I believe I am able to work. Of course, my husband was brought here by a company to work, so maybe the OP doesn't have this situation, either? We never applied for the D permit mentioned above...

#5 18.09.2011, 09:03

	Quote:	drmom
	Well, I don't know how my situation is different

Try reading the op again then maybe you'll get it.

lucern_bound · #6 18.09.2011, 09:26

Thanks for the replys guys.

I understand the above scenario now.

Here is our 'ideal' scenario. It seems I may be dreaming?

What I had thought, is that we would arrive in lucern, loose our jet lag, then go in to the authorities and my wife would apply for the B residents job seeking visa, if she is not lucky enough to obtain employment before we leave.

I then thought, that because she will have a job seeking visa, I will be able to live with her in switzerland, and hopefully seek work.

I have a couple of revised questions.

1. I understand she may seek work for up to 3 months while in switzerland without a job seeking visa, on her EU passport, is this correct?

2. If she must have the work seeking visa, (valid for 6 months?) am I able to be in Switzerland with my wife if she is only on a job seeking visa?

2(a) If I am permitted to be with her, am I permitted to seek work? or must I stay at home and cook and clean all day?

Thanks again,

Chris

#7 18.09.2011, 19:04

	Quote:	lucern_bound
	Thanks for the replys guys. I understand the above scenario now. Here is our 'ideal' scenario. It seems I may be dreaming? What I had thought, is that we would arrive in lucern, loose our jet lag, then go in to the authorities and my wife would apply for the B residents job seeking visa, if she is not lucky enough to obtain employment before we leave. I then thought, that because she will have a job seeking visa, I will be able to live with her in switzerland, and hopefully seek work. I have a couple of revised questions. 1. I understand she may seek work for up to 3 months while in switzerland without a job seeking visa, on her EU passport, is this correct? 2. If she must have the work seeking visa, (valid for 6 months?) am I able to be in Switzerland with my wife if she is only on a job seeking visa? 2(a) If I am permitted to be with her, am I permitted to seek work? or must I stay at home and cook and clean all day? Thanks again, Chris

1. Correct
2. Yes, if she proves sufficient funds to support you
2a. No - your wife would need to get a job first

serenella · #8 23.11.2011, 22:35

dear all,
I am a new member and I have a question for you. I am a EU citizen, and I got a post doc position in zurich. I have an Egyptian husband, he has an italian (an EU of course) permanent permit of stay. Can he come to Zurich without visa or we have to apply for a visa? And, if so, how long does it take to get it, considering I should start to work in February? or should we apply for the permit of stay as soon as we are in Switzerland? Uff, I am confused!!