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Old 13.01.2012, 15:36
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Turned away by Gemeinde...Confused!

Hello,

I have a question re: Residency permits....yes another one of those questions, sorry!

I am not sure if my situation is normal etc so here goes. I came to CH in end of July 2011 and have not been able to register since staying here. I have been in and out of the country, back to the UK, at least two or three times a month so haven't stayed in one block of time.

However, I fear my 90 days is up but despite trying to register at the Germinde, the gentleman explained that without a job I cannot register ?? My partner, who is Swiss, supports me whilst I study and try to find a job. He has explained this to the Germinde but they said because we are not married I have to wait until I get a job to register.

I am a little perplexed by it all as I believe I'm over my 90 days as a tourist, I cannot get any health insurance as so far the companies we've tried insist on proof of my residency in CH. I cannot get a back account and general things like this ...

On top of that I have officially left the UK and 'signed out' of the UK via DWP ...the form number I cannot recall. So I have no UK address and I cannot seem to register here.

What do I do now....I seem to be in limbo??? Practically, this is frustrating and emotionally I feel like I don't belong anywhere.
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Old 13.01.2012, 15:43
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Re: Turned away by Germinde...Confused!

Hello friend, Are you trying to register yourself in Geminde with Tourist VISA? I don't think it's possible... As you will be considered as a tourist not a resident here. I believe at least you should have L (work permit) or B (resident permit).
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Old 13.01.2012, 15:49
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Re: Turned away by Germinde...Confused!

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Hello friend, Are you trying to register yourself in Geminde with Tourist VISA? I don't think it's possible... As you will be considered as a tourist not a resident here. I believe at least you should have L (work permit) or B (resident permit).
I am trying to get a B Permit to reside here. I am considered a tourist now despite being here so long already.

I am British so it should be straighf forward but it hasn't been.
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Old 13.01.2012, 16:04
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Re: Turned away by Germinde...Confused!

From my experience it works like this...
You need a work contract first, then you can apply for a flat/address, you already have one so that's good but without that work contract migrationsamt won't be satisfied that you are self sufficient = no permit.
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Old 13.01.2012, 16:07
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Re: Turned away by Gemeinde...Confused!

Why did you check out of the UK if you didn't have a firm alternative lined up? What reason did you have to do that anyway, you don't have to pay UK tax if you do not earn a living nor reside there.

About a solution to your problem, the big M word comes to mind...
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Old 13.01.2012, 16:08
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Re: Turned away by Gemeinde...Confused!

Yeah, I think you have to either 1) find a job in CH from the UK or 2) get married.
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Old 13.01.2012, 16:10
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Re: Turned away by Gemeinde...Confused!

I had always thought that the EU national can apply for an L permit as a jobseeker ( renewable for another 3 or 6 months ), and present a valid job contract for a possible B permit upgrade.
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Old 13.01.2012, 16:12
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Re: Turned away by Gemeinde...Confused!

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My partner, who is Swiss, supports me whilst I study and try to find a job.
Are you enrolled in a Swiss school?
Could you get married?
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Old 13.01.2012, 16:31
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Re: Turned away by Gemeinde...Confused!

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...

However, I fear my 90 days is up but despite trying to register at the Germinde, the gentleman explained that without a job I cannot register ?? My partner, who is Swiss, supports me whilst I study and try to find a job. He has explained this to the Germinde but they said because we are not married I have to wait until I get a job to register.

...
If I recall correctly from a thread you started (no time to check), I thought you'd been offered at least one job here in Switzerland already?
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Old 13.01.2012, 16:35
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Re: Turned away by Gemeinde...Confused!

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However, I fear my 90 days is up but despite trying to register at the Germinde, the gentleman explained that without a job I cannot register ?? My partner, who is Swiss, supports me whilst I study and try to find a job. He has explained this to the Germinde but they said because we are not married I have to wait until I get a job to register.

I am a little perplexed by it all as I believe I'm over my 90 days as a tourist, I cannot get any health insurance as so far the companies we've tried insist on proof of my residency in CH. I cannot get a back account and general things like this ...
Darkhorsedrea, first of all I am sorry to hear this - not an easy situation to go through, dealing with permits, etc. At the risk of sounding harsh (I don't mean to, believe me, I always happen to be the foreigner and have been dealing with various types of permits/various countries for the last 15 years), I must say I am a bit perplexed that you are perplexed...

I mean, as much as it may sound bad, what the Gemeinde guy said makes perfect sense. Not just Switzerland, but at least in the other places I've lived in, I've never heard of someone getting residency "just because", it was always either through a job, through a "job seeker status", or through family reunification (i.e. being married). Girlfriends/boyfriends don't seem to count, at least not for immigration purposes.

My brother, soon moving to the US, when inquiring to apply for a visa and telling that he wished to bring along his girlfriend, whom he would fully and completely support economically, got a big fat laugh on his face as a reply. Result? They got married.

Could you apply for a visa as a "job seeker"? Is there such thing in Switzerland? Otherwise, as suggested by other posters, if you can't find a job, I would suggest the easiest and quickest way is to sign that marriage contract.

EDIT: thanks jrspet, so there seems to be a "job seeker" visa, another possibility. Good luck!
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Old 13.01.2012, 16:54
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Re: Turned away by Gemeinde...Confused!

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I had always thought that the EU national can apply for an L permit as a jobseeker ( renewable for another 3 or 6 months ), and present a valid job contract for a possible B permit upgrade.
Yes, she can do this but then she has only 6 months. I think she can also apply as an independent/freelancer or a student.

But it all seems very strange. If she's an EU and her BF is basically guaranteeing her stay I can't see why she can't register. No concubinage in that part of the world?
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Old 13.01.2012, 17:18
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Re: Turned away by Gemeinde...Confused!

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Are you enrolled in a Swiss school?
Could you get married?
I am enrolled on an intensive course, two nights a week in a local college.

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If I recall correctly from a thread you started (no time to check), I thought you'd been offered at least one job here in Switzerland already?
Yes, that is correct. However, due to the location (German Border) and the actual job role not being in line with my career aspirations I decided not to take it. I was offered it shortly after I arrived in CH. But perhaps I was a little naive but I didn't want to take a job for the sake of it to start with and believed I could find something more aligned to my experience and location, as of yet nothing...

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Darkhorsedrea, first of all I am sorry to hear this - not an easy situation to go through, dealing with permits, etc. At the risk of sounding harsh (I don't mean to, believe me, I always happen to be the foreigner and have been dealing with various types of permits/various countries for the last 15 years), I must say I am a bit perplexed that you are perplexed...

I mean, as much as it may sound bad, what the Gemeinde guy said makes perfect sense. Not just Switzerland, but at least in the other places I've lived in, I've never heard of someone getting residency "just because", it was always either through a job, through a "job seeker status", or through family reunification (i.e. being married). Girlfriends/boyfriends don't seem to count, at least not for immigration purposes.

My brother, soon moving to the US, when inquiring to apply for a visa and telling that he wished to bring along his girlfriend, whom he would fully and completely support economically, got a big fat laugh on his face as a reply. Result? They got married.

Could you apply for a visa as a "job seeker"? Is there such thing in Switzerland? Otherwise, as suggested by other posters, if you can't find a job, I would suggest the easiest and quickest way is to sign that marriage contract.

EDIT: thanks jrspet, so there seems to be a "job seeker" visa, another possibility. Good luck!
Don't worry I completely understand what you mean. I also understand that CH will not let any one just live here. But as my OH has said he supports me and I am studying I guess I assumed that would be ok. Plus I naively thought being within the EU would be OK.

Also, I don't think I fully understand the permit system as I am not 100% what an L Permit is but will have a search though and find out.
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Old 13.01.2012, 17:26
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Re: Turned away by Gemeinde...Confused!

http://www.bfm.admin.ch/content/bfm/...l_eu_efta.html

"L EU/EFTA permits without gainful employment are granted to job seekers from all EU/EFTA states. However, this practice does not create an entitlement to social insurance."


AND

http://www.bfm.admin.ch/content/bfm/...16.html#a_0016

"EU/EFTA nationals may enter Switzerland for job-searching purposes. No permit is required for stays of up to three months. If no job can be found within this time, the appropriate local or cantonal authorities will grant a short-term residence permit (type L permit) valid for another three months' job search. If after this period your job search has remained unsuccessful, you may request for your short-term residence permit to be extended. Extensions are granted up to one year."

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I am enrolled on an intensive course, two nights a week in a local college.



Yes, that is correct. However, due to the location (German Border) and the actual job role not being in line with my career aspirations I decided not to take it. I was offered it shortly after I arrived in CH. But perhaps I was a little naive but I didn't want to take a job for the sake of it to start with and believed I could find something more aligned to my experience and location, as of yet nothing...



Don't worry I completely understand what you mean. I also understand that CH will not let any one just live here. But as my OH has said he supports me and I am studying I guess I assumed that would be ok. Plus I naively thought being within the EU would be OK.

Also, I don't think I fully understand the permit system as I am not 100% what an L Permit is but will have a search though and find out.

Last edited by anowheels; 13.01.2012 at 17:29. Reason: added more info
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Old 13.01.2012, 17:32
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Re: Turned away by Gemeinde...Confused!

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However, I fear my 90 days is up but despite trying to register at the Germinde, the gentleman explained that without a job I cannot register ?? My partner, who is Swiss, supports me whilst I study and try to find a job. He has explained this to the Germinde but they said because we are not married I have to wait until I get a job to register.
Huh? It is possible for EU-17 citizens to apply for a residency permit even if not "gainfully employed" [http://www.bfm.admin.ch/content/bfm/...weiz/eu-8.html] It is necessary to prove:
  • that you are financially secure and won't be a burden to the state, and
  • that you have health insurance.
Here is a link to information, in German, but your partner should be able to translate it for you: http://http://www.bfm.admin.ch/content/dam/data/migration/schweiz_-_eu/personenfreizuegigkeit/factsheets/fs-nichterwerbstaetige-d.pdf.


Included under the "not gainfully employed" category are (EU) people looking for work. For the first 3 months you don't need a permit, but after that you have to register and you should receive a short-term residency permit (Kurzaufenthaltsbewilligung EU/EFTA) for another three months and which can be extended to up to a year if you can prove that your chances for finding a job are reasonable.


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I am a little perplexed by it all as I believe I'm over my 90 days as a tourist, I cannot get any health insurance as so far the companies we've tried insist on proof of my residency in CH.
I don't understand this either as it is also possible to get health insurance when you don't even live in Switzerland and aren't obligated to have Swiss health insurance (freiwillige Krankenversicherung). I have trouble understanding why it should be so difficult. If you'd like, I'd be happy to contact my insurance and ask them or you can pm me and I'll give you the contact number.
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Old 13.01.2012, 18:17
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Re: Turned away by Gemeinde...Confused!

About the health insurance: I guess the problem is that you don't have any residency as some Swiss health insurances also offer coverage for people living in the EU (like for cross-border commuters).

On this website under "Prämienübersicht aller Schweizer Krankenversicherer" you find a pdf with countries, company offering coverage and costs.
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Old 13.01.2012, 19:00
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Re: Turned away by Gemeinde...Confused!

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I am a little perplexed by it all as I believe I'm over my 90 days as a tourist, I cannot get any health insurance as so far the companies we've tried insist on proof of my residency in CH.
I have been doing a little research and I came across some Bundesgericht decisions and this:

The health insurance companies must provide basic health insurance to any person, irrespective of their age, residency status or state of health and without imposing any conditions or waiting period. [http://www.ch.ch/private/00987/01052...x.html?lang=en]

So you definitely should be able to get insured, which means you will fulfill the requirements for a short-term permit, which means you can stay and hopefully live happily ever after.
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