.. even when there is a baby?

She is married to a refugee, she has a child from him, but she is here only 5 months. They are now planning to fill for divorce but they fear she might need to go back straight away. She would like now to stay here and he is happy about that too. In fact, if she gets back to their home country, the father will be able to see the son only when she comes here visiting.
Is there a way they can divorce but she can stay here?

Thanks for your help.

What is the wife's nationality? If she is non-EU and has been married in Switzerland less than three years (the legal minimum for keeping a permit after divorce), the chances of keeping her permit are low. In some cases if it can be proved the wife was subject to domestic violence, they are sometimes allowed to stay, but if she has only been here five months the courts will argue she has not had enough time to integrate.

If she was already married to the refugee prior to him having that status, she has dervative status as a refugee ( family reunion ).

However, if she has married him AFTER he obtained refugee status, she has little or no chance.

Visit ZBA for legal advice:

http://www.zbasyl.ch/www.zbasyl.ch/ZBA.html

or

Freiplatzaktion Zürich

http://www.freiplatzaktion.ch/

for legal assistance.

http://www.sans-papiers.ch/ may also assist after her current permit expires.

Thanks a lot.
She married him 5 months ago, at least one and half year after he received the status of refugees (he's been here three years), and she is non-EU.
I guess all speaks against! I thought the fact she has a child would make a difference...