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-   -   L permit\B Permit: a complex non-standard-situation. Any experts, please help! (https://www.englishforum.ch/permits-visas-government/138789-l-permit-b-permit-complex-non-standard-situation-any-experts-please-help.html)

vlad_island 14.02.2012 01:25

L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
Hello, I tried to search the forum, but my situation is very specific and complex. any hint from experienced people is very appreciated.

The situation is as follows:
* I (non-EU) am currently (since Sep 08) on student B permit due to PhD studies. I got a job offer and the employer said they will apply for a work permit for me.
* My wife (non-EU) used to have a student B permit (since Sep 08). Then, when we got married (Sep 09), her B permit has been changed by the immigration office (without asking us) to Family Reunion B permit (I was a phd student and thus with income, hence they attached her to me rather than vice versa). In February 2012 she left CH due to pregnancy (of course she made a de-registration (i.e. declaring that she leaves CH)). She is still registered as a student on maternity leave at the University of Zurich.

We plan that she will come back to Zurich with the baby in September 2012. She is expected to give a birth in May 2012. The employer in CH will apply for my work permit soon.

My question: What do you think would be the easiest and most efficient way to get my wife and the baby here in September 2012? I had 2 ideas:
1) To ask from the my potential employer to apply for this permit for my wife as well - but then, the baby is not born yet (hence the employer cannot apply for a permit for the baby), and will my wife be eligible to study if say she gets a "spouse dependent L permit"?
2) She will apply independently for a B student permit at the Swiss embassy in our home country (she is there right now) after giving a birth.


What do you think? Many thanks in advance!

swisspea 14.02.2012 09:42

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
I had a think about your question. Basically you can't have two permits for two different reasons - the authorities will merge them.

Even though she is de-registered with the Gemeinde, she may still hold the 'right' to residency. I'm not sure how complicated it will be to reinstate her permit/residency. Assuming that your residency permit has been approved (to work and live in Switzerland) then the employer should be able to apply also for your wife and later for the child. It might take time if the baby is not born in Switzerland... because you'll need all the baby's papers first before you can get the permit.

When do your permits roll over ? I would ask the employer to put the application in for your wife, to approve her as a dependent spouse, now, at the beginning of the process...because it could take a bit of time...

vlad_island 14.02.2012 09:48

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
Thanks for the answer. This is one possibility. But possibly it would make sense for her to apply for a student visa (it will apparently grant her a B permit) at the Swiss Embassy in our home country (she is there right now due to her pregnancy)? It will make things much faster.

She is supposed to give a birth in May 12, and she would like to return to Switzerland in September 12.

What do you think?


Quote:

Originally Posted by swisspea (Post 1485972)
I had a think about your question. Basically you can't have two permits for two different reasons - the authorities will merge them.

Even though she is de-registered with the Gemeinde, she may still hold the 'right' to residency. I'm not sure how complicated it will be to reinstate her permit/residency. Assuming that your residency permit has been approved (to work and live in Switzerland) then the employer should be able to apply also for your wife and later for the child. It might take time if the baby is not born in Switzerland... because you'll need all the baby's papers first before you can get the permit.

When do your permits roll over ? I would ask the employer to put the application in for your wife, to approve her as a dependent spouse, now, at the beginning of the process...because it could take a bit of time...


mbaaspirant 14.02.2012 10:24

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
As you are married, dependents take same permit as yours.
As your wifes permit is already tied to yours, three months before your dependents are ready, apply for dependent visas for your dependents from swiss consulate/embassy in your home town.

Get an agreement with employers beforehand. If you have a long term contract or an open ended contract, employer should No problem to apply for dependent visa.s

Finally, I am sure everything will fall in place. Best is to focus on wife and growing baby and not getting really too involved in immigration hassles.

All the Best! Keep us posted.

vlad_island 14.02.2012 10:44

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
Thanks for the reply.

But would not it make sense for her to apply for a student B permit? This is something they issue faster and it is better than L permit.

vlad_island 14.02.2012 10:46

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
So my wife left Switzerland (she made a so called de-registration), so right now she does not have permit (she leaves in our home country) and thus I think that her permit is not tied to mine. However she is still registered as a student (on maternity leave) at the University of Zurich.


Quote:

Originally Posted by mbaaspirant (Post 1486012)
As you are married, dependents take same permit as yours.
As your wifes permit is already tied to yours, three months before your dependents are ready, apply for dependent visas for your dependents from swiss consulate/embassy in your home town.

Get an agreement with employers beforehand. If you have a long term contract or an open ended contract, employer should No problem to apply for dependent visa.s

Finally, I am sure everything will fall in place. Best is to focus on wife and growing baby and not getting really too involved in immigration hassles.

All the Best! Keep us posted.


swisspea 14.02.2012 11:04

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
So how is she going to support herself as a student on maternity leave ? She has no income ? She is not actually studying, so she is not a 'student'...

Her permit is tied to yours because you are married, but also because you are financially supporting her.

I think you are jumping ahead, whether you have work permission or not, the residency permits are tied, and you can 'layer' on the work permission, student visa or whatever, but the permits will be linked because the system treats you as 'one unit' - a family...

vlad_island 14.02.2012 11:13

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
She is officially a student at the University of Zurich, even though she is on maternity leave. This status exists, believe me. Furthermore, she plans to continue studying after the birth (but even if she will not study, the status of a student on maternity leave has the same rights as just a student). Concerning funds - luckily in our situation it is not an issue - as she has adequate funds on her home country bank account.

But I get the point - probably what going to happen is that she will apply for a student visa, but the embassy or rather the Swiss authorities will tie her permit to mine?

Out-of-the-topic: What is more beneficial for visa issues - an ulimited work contract (i.e. no end date + 3 months notification of leave) or a fixed date contract?


Many thanks for your help, it is very appreciated. I have sent an email to the Swiss embassy in our home country, we'll see what they say, I'll put their answer here once I get it.

mbaaspirant 14.02.2012 11:53

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
I think if you leave student thing aside and make life simple your situation is then " applying for a family re-union visa from your native country when dependents are ready to travel " Punkt

Just side note: even if your wife gets student visa, what permit will new born carry? It cant be student, right?

vlad_island 14.02.2012 14:38

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
Sorry did not quite understand the meaning of your comment. What do you mean by 'when dependents are ready to travel'?

In case that she would get a student visa the baby will (hopefully) get a reunion visa.

Quote:

Originally Posted by mbaaspirant (Post 1486120)
I think if you leave student thing aside and make life simple your situation is then " applying for a family re-union visa from your native country when dependents are ready to travel " Punkt

Just side note: even if your wife gets student visa, what permit will new born carry? It cant be student, right?


mbaaspirant 14.02.2012 15:24

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
dependents are ready to travel > Date on which dependents wish to Travel to Zurich to join you , assuming you have neccessary documents ready such as birth certificate, baby's passport, etc.

vlad_island 14.02.2012 17:03

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
OK, thanks.

I read here in EF that my potential employer can apply for my wife's visa as well when applying for a work visa for me, it true at all? In case that it is true, will she be entitled to continue her studies at the university (provided that we will get an L permit)? We are both non-EU.

mbaaspirant 14.02.2012 22:14

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
I am glad you clarifed with Shorrick and now can peacefully sleep.

Quote:

Originally Posted by mbaaspirant (Post 1486120)
I think if you leave student thing aside and make life simple your situation is then " applying for a family re-union visa from your native country when dependents are ready to travel " Punkt

Just side note: even if your wife gets student visa, what permit will new born carry? It cant be student, right?


Quote:

Originally Posted by Shorrick Mk2 (Post 1486842)
I don't see what you find so dissimilar in your case :-)

If you get your permit (whichever category) - apply for family reunion once ready.

No need to über complicate simple things :-)


vlad_island 14.02.2012 22:18

Re: L permit\B Permit: a complex non-standard-situation. Any experts, please help!
 
Yes, you read my mind, I can now indeed peacefully sleep... :0)


Quote:

Originally Posted by mbaaspirant (Post 1486902)
I am glad you clarifed with Shorrick and now can peacefully sleep.



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