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Old 19.12.2011, 21:28
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Changing from Student visa to Spouse permit without leaving Switzerland

Hi everybody,

I really hope someone can answer my question, I was struggling with it.
May be someone had similar experience already:

I am a EU-citizen, working in Switzerland with a B-permit.

If my girlfriend (non-EU) comes to Switzerland on a student visa to do her Master degree and then we marry (in Switzerland or another country), can she get her spouse B-permit without leaving Switzerland?

Or will she be required to leave Switzerland after her studies are finished, go back to her home country, and apply for a new permit there?

I heard about horror stories where people had to wait up to one year abroad to get their spouse permits..

Thanks in advance!!
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Old 04.02.2012, 23:42
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

hai

i am also in same situation..am from india and my boyfriend having permit of swiss..we married very recently..am student here...my lawyer told me..before finishing my studies...(having b student permit) we must send both documents to BERN . but we are not sure whether they give me a permit to live here..either they reject and go back to india and my bf should give me a sponsorship or bern may attach my permit with my bf and i can live here.........
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Old 05.02.2012, 19:01
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

@ eng1 ,
you can NOT change your visa as you stay here - as you can NOT apply to a visa as long you are here - you can only apply for a visa from abroad.
If you are a Swiss, living abroad, you can NOT apply for a passport here, only from abroad!!!!! Cute, right!

You (as Swiss) always can take a short cut, but I promise you you'll be penalized with the processing of your paperwork later. It doesn't matter where in the world you marriage takes place (almost) it only matters where and when your marriage will be recognized. First, from your country of residence (and to marry abroad you need residence, even if its just for a day [Danemark, some Caribbean Islands]), then from your homecountry and then from Switzerland. If you're not both native Swiss and you marry on short cut; Switzerland will take a year to recognize your marriage!
It their way to pay back!

Now, believe it or not, the fact that you are NOT Swiss will make your case a whole lot easier! The Swiss Over-Correctness will help you in this case. You can marry in Danmark and then, by Shengen law, she can travel with you TOGETHER without Schengen Visa - and Switzerland HAS to give her residency as she is your lawfully wife! As the marriage certificate is from Danmark it is from an EU/Schengen State and should not need further legalization. I would however, register your marriage at your home country. Better save then sorry
- This will NOT apply if you Swiss citizen as then she need the spouse visa regardless. One last remark, you CAN NOT marry WITHIN Switzerland without spouse or valid residence visa. - i.e. tourist/student visa will NOT work anymore! This new lay is already under scrutiny as it is against the Schengen right of marriage respective the family act. But it is still enforced.

@ Jesus - sorry for late reply, I have been hospitalized.
We need full story - just with the information you provide we can not make a statement or judgment on you case!
But as i can see you are already dealing with a lawyer, continue this way - most save way.

You don't write where you married and if your marriage is accepted ether from Sri-Lanka or from India. From what I can see (read) the authorities will not have the impression that you try to "sneak" into Europe, rather two Indian decent want to live together and by incident you meet each other here. Most important will be that you will NOT be a burden for the social system here. So if you could provide the financial means to sustain yourself I don't see obstacles ahead.

Anyway, good luck

George
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Old 06.02.2012, 12:43
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

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@ eng1 ,
you can NOT change your visa as you stay here - as you can NOT apply to a visa as long you are here
Probably worth reading whatever the OP said first. They are already here, each one on a valid permit. A marriage will allow whoever of the two is on a student permit to switch to a dependent permit.
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Old 13.02.2012, 01:55
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

@Shorrick Mk2
Quote: "If my girlfriend (non-EU) comes to Switzerland" sound like future to me? So she is not lawfully here. And you can not marry on a tourist or student visa any longer. This is unlawful from the federal government and already challenged but still enforced (Schengen law, Art 8, Right of family act).
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Old 13.02.2012, 10:18
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

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@Shorrick Mk2
Quote: "If my girlfriend (non-EU) comes to Switzerland" sound like future to me? So she is not lawfully here. And you can not marry on a tourist or student visa any longer. This is unlawful from the federal government and already challenged but still enforced (Schengen law, Art 8, Right of family act).
I hate to disagree with you, but as long as you have a valid residence permit you can marry (regardless of whether it is a student permit). If your permit has expired that's another thing.

Nobody mentioned tourist visa here - oder?
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Old 14.02.2012, 00:45
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

OK, Shorrick is right. Relax and listen up. Been there done that, it is a triviality provided you have some funds, or a working contract. My wife had a student B permit, we got married, then next time when she had to renew her visa at the immigration office, they changed her permit statuts to 'family reunion' without us us suspecting it. Actually we did not care whether she will get a 'family reunion' B-permit or a 'student' B-permit. We learned that they have changed it to 'reunion b permit' when she left CH.


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Probably worth reading whatever the OP said first. They are already here, each one on a valid permit. A marriage will allow whoever of the two is on a student permit to switch to a dependent permit.
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Old 14.02.2012, 02:22
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

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OK, Shorrick is right. Relax and listen up. Been there done that, it is a triviality provided you have some funds, or a working contract. My wife had a student B permit, we got married...
This happens within the last 4-5 months? Right? Then they changed the rules for marriages, I think October 2011.
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Old 14.02.2012, 02:49
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

WE married in 2009. No idea when they changed it, as we did not care. Bu I reckon they changed it just right after we made an update on our marriage at the Kreisbuero.
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Old 14.02.2012, 11:12
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

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WE married in 2009. No idea when they changed it, as we did not care. Bu I reckon they changed it just right after we made an update on our marriage at the Kreisbuero.
Thats what I try to point you too, the right for marriages in Switzerland JUST changed, you throw in old informations, not valid anymore!
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Old 28.02.2012, 22:13
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Re: Changing from Student visa to Spouse permit without leaving Switzerland

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This happens within the last 4-5 months? Right? Then they changed the rules for marriages, I think October 2011.

Thanks a lot for your replies guys!!

Regarding the change of rules, I just got a reply from Zürich Migrationsamt that it will be OK for my girlfriend to switch to B-spouse permit without leaving Switzerland, after she comes here on a student permit and we marry.
So it seems the rules didn´t change. Of course, there is a possibility that officials at Migrationsamt are not aware of the latest changes (unfortunately this happens in any country).

@ Caribeangeorge, have you got the link or any reference to the latest law change you mention?
Oh, and thanks for the tip on marrying in a Schengen country and moving here without visa, good idea.
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