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Old 05.01.2012, 16:46
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Family reunification on L (EU) permit

Hello everyone,

I am currently working on an L permit in Switzerland (until end of April 2012) and we would like to initiate the family reunification visa application / residence permit process for my wife, who is an Australian citizen. My contract is (most likely) being extended in April and I should receive a B permit afterwards, but I don't have that, yet.

What visa do we need to apply for at this time? Should we apply for a "long term (D)" visa in Australia right now - under my current L permit and put 31st April 2012 as the expected end date? Please note, that considering the processing times, the visa would likely be valid for only 1-2 months.

Assuming everything goes through - how difficult would it be to then change her permit and extend it in April, once I have my updated (B) permit ? or will we have to go through another visa application then?

Thank you!
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Old 05.01.2012, 18:21
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Re: Family reunification on L (EU) permit

I don't know about the visas she needs to apply for (have no idea about Australians) but I do know, being someone who was once a non-EU married to EU, that her permit is pegged to yours. Once you switch to B, she should be able to request a B. When I got married, my husband had an L and was applying for a B, and we both got Bs a few weeks later. The difference between L and B are quotas and not length of employment contract for EU (usually), and as you are EU, I wonder if it isn't worth for you to apply for your B at the same time you bring your wife in. If for whatever reason you are stuck with an L
The permit pegging doesn't apply to C permits though, as my husband had been here longer than me, his permit changed to C first (but I had to start paying taxes when his rolled over like a C permit holder).

http://www.eda.admin.ch/eda/en/home/...ir/mandi3.html

Last edited by NicoleCZ; 05.01.2012 at 18:23. Reason: added DFAE link
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Old 06.01.2012, 16:42
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Re: Family reunification on L (EU) permit

Thanks for the advice - I actually did apply for a B first, but only received an L for the time of actual employment (after they reviewed my contract). That happened to a few people I work with and I will only receive the B permit once my contract was extended (according to my colleagues here).

Did you go through the whole visa process in your country? I would like to know how long that will take (since I read some people only needed 3 weeks, others 3 months).
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Old 08.01.2012, 01:28
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Re: Family reunification on L (EU) permit

What is your nationality ? If you have an EU/UK citizenship then it will be very easy for your wife to get a residency permit, and she does not have to wait in Australia.

I did this very recently for a UK citizen with a US citizen spouse and child. With work permit and a copy of the lease documents, it was very easy for them to sign in at the Gemeinde on arrival and the permits were issued without any problems.

However, if you are both Australian citizens, then you are looking at the Non-EU process, and I can also tell you about that - for ours the employer submitted my husband's application first, and mine and the kids about a week later, there was one 'hiccup' when they asked for better scans of the marriage and birth certificates, but our permissions and entry visas were issued within the 'advertised' 3 month period...
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Old 08.01.2012, 01:31
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Re: Family reunification on L (EU) permit

For Non-EU, L permit for the first two years is common, and if it's an 'open' 'permanent' work contract, then the first two years should be 12 month permits, and after that it becomes a B permit which is renewed 12 monthly after that...

Have a good read through the relevant threads on the forum - but watch out for old posts - the rules changed around 2008, there was a 'crisis' of quotas straight after the financial crisis, and the rules do change over time, so older threads may not be accurate to the current procedures...
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Old 08.01.2012, 04:19
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Re: Family reunification on L (EU) permit

Hello and thanks for the reply. I am a EU citizen (German to be precise), while my wife is an Australian citizen and I would like to confirm with you, if she could just enter on a Schengen visa and apply for the permit with me here in Switzerland as you said.

So we may be able to avoid the whole visa drama in Australia and go to the "Migrationsamt" directly? (btw. we are looking at Zurich here - I hope they have the same regulations as your Kanton?)

Furthermore, I read the following information here (Familiennachzug 10/2010):
http://www.ma.zh.ch/internet/sicherh...ufenthalt.html

Quote:
8 Verfahrensfragen
8.1 Vorgehen zur Überprüfung der Dokumente durch die Schweizer Vertretung

Gemäss Weisung des BFM „Einreiseverfahren beim Familiennachzug“ vom 1. Dezember 2005, werden Gesuche um Familiennachzug von Ehegatten und Kindern aus Staaten gemäss der dort enthaltenen Liste nur behandelt, wenn die nachzuziehenden Personen persönlich bei der zuständigen Schweizer Auslandvertretung vorsprechen und das ordentliche Visumverfahren durchlaufen. Die nachzuziehenden Personen haben dabei die Zivilstandsdokumente vorzulegen.

Die Auslandvertretung hat in einem summarischen Verfahren zu prüfen, ob die Einreisebe- dingungen erfüllt sind. Danach leitet sie das Gesuch mit den Originalurkunden und – wenn notwendig – mit einer Stellungnahme an die zuständige kantonale Ausländerbehörde weiter. In der Stellungnahme hat die Auslandvertretung auf die Besonderheiten des jeweiligen Landes hinzuweisen. Sie gibt eine Empfehlung ab, ob eine Dokumentenüberprüfung angezeigt ist, und teilt mit, wie hoch die Kosten in Schweizer Franken für eine Überprüfung der Zivilstandsdokumente sind.

Das Migrationsamt wartet den Eingang des Visumsgesuches mit der Stellungnahme der Schweizer Auslandvertretung ab, bevor es prüft, ob die Voraussetzungen erfüllt sind. Anlässlich dieser Prüfung wird darüber entschieden, ob aufgrund der Stellungnahme der Schweizer Auslandvertretung weitere Abklärungen im Ausland durchzuführen sind (Dokumentenüber- prüfung, Einsatz eines Vertrauensanwaltes). Sofern Abklärungen im Ausland vorgenommen werden müssen, wird bei dem in der Schweiz lebenden Familienangehörigen ein Kostenvorschuss erhoben, der diese Auslagen deckt. Das Gesuch wird erst nach Bezahlung des Vor- schusses weiterbehandelt.
That text in english means as much as that they will not process such family re-unification applications, if you did not go through an embassy first, and that the local swiss office will wait for received documents from that embassy before they process your application

I also called the migration office and they seemed to follow this process, but of course I am not sure what they do, if we just apply directly from within Switzerland anyway and if they can ignore this note above. Does anyone know which way will work for us?

We are also very confused about the visa that we would have to apply for, "Type D" maybe? Which application exactly did you need to use for your visas?
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Old 08.01.2012, 04:31
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Re: Family reunification on L (EU) permit

Also please note this document from the embassy:

http://www.eda.admin.ch/etc/medialib...20citizens.pdf

It states in the form:

Quote:
Visa requirements for foreign spouses, foreign children of Swiss, EU or EFTA citizens or foreign partners after conclusion of a recognized partnership (same gender union)

[...]

You will have to register with the relevant Swiss authorities (Fremdenpolizei or police des
étrangers) within 14 days after your arrival in Switzerland. In order to receive an entry visa prior to
your departure - which is an assurance that residence permit will be granted – an application has to
be submitted to a Swiss representation prior to leaving for Switzerland. The procedure takes
approx. 8-12 weeks.
Doesn't this mean, we do need such a visa or do you think it would still work without it anyway?

Thanks again!
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Old 08.01.2012, 10:16
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Re: Family reunification on L (EU) permit

Talk to the swiss consulate general in Germany. They will be completely up to date with the procedure from *your* point of view. Don't talk to the Australian embassy, they will be looking at it from the 'Non-EU' point of view.

http://www.eda.admin.ch/eda/de/home/...eu/embber.html
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