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Old 03.08.2012, 00:07
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Family permit renewals denied - ideas?

Has anyone had family members get denied for annual renewal of Non-EU B Residence permits?

I am the sole earner and renewed my permit recently. When my wife and daughter's renewals were submitted, we received a letter back requesting their dates of entry and exit. For various reasons, they were here less than 1/2 of the prior 12 months. My daughter is NOT of the obligatory school age (missed it by a few weeks) and I am not on an expat package, so school would be paid by yours truly. We are home-schooling her this year, with the intention of sending her to school here next year. The lady I spoke with indicated that my daughter should be enrolled in a local school even if not obligatory so that she learns Swiss German. I explained the situation, sent in the requested form, and have received a permit denial.

Any ideas? Can they simply leave Switzerland to Germany or France for a day (requesting passport stamps), and return for another 3 months?

Thanks in advance!
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Old 03.08.2012, 10:44
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Re: Family permit renewals denied - ideas?

TexAg, I'm a tad confused by your post - what reasons were given for denying wife and daughter's permit renewal?

Were there questions as to whether your wife and daughter are actually resident here?

Did you submit their applications along with yours, or at a different time?

If you haven't been given a clear reason, it might be a good idea to speak to the head of Einwohnerkontroll at your Gemeinde face to face. Often these things are often most easily cleared up when addressed personally.

Good luck.
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Old 03.08.2012, 11:25
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Re: Family permit renewals denied - ideas?

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TexAg, I'm a tad confused by your post - what reasons were given for denying wife and daughter's permit renewal?

Were there questions as to whether your wife and daughter are actually resident here?

Did you submit their applications along with yours, or at a different time?

If you haven't been given a clear reason, it might be a good idea to speak to the head of Einwohnerkontroll at your Gemeinde face to face. Often these things are often most easily cleared up when addressed personally.

Good luck.
Thanks. Sorry for the confusion. They were actually in the US when their permits expired, so theirs were processed separately once I surrendered in the original permits on their return to Switzerland.

My german is nearly non-existent for these types of situations, but basically, the letter says that they were here only 153 days (my mother-in-law was ill, and I had a two month project back in the US) and my daughter wasn't enrolled in school (which is not obligatory). They didn't give us an opportunity to explain the reason for them being here less than 1/2 the time, and they don't seem interested in their intention to be here at least 8 or 9 of the next 12 months.

The most frustrating thing is that they are 100% dependent on me, and are not receiving any public assistance, so what is the harm in giving my family the opportunity to spend more than 1/2 of the year with me?

I guess I need to find someone in the Amt fur Migration that speaks English well, and sit down as you suggest to make an appeal.
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Old 03.08.2012, 11:56
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Re: Family permit renewals denied - ideas?

Another strategy would be to find someone who speaks German to accompany you to translate... at least when dealing with officialdom in my Gemeinde I have found that keeping the conversation in the local language opens doors more easily.

I can see how your wife and daughter's residency would be called into question. When they left, did they de-register? A B permit (C as well) expires if one is out of the country for more than 6 months without first having been granted an extension - but my understanding was that one usually needs to de-register for the clock to start ticking.

During the time your wife and daughter were in the US did you keep up their Swiss health insurance, social contributions (if any) etc?

Start with a friendly conversation with Einwohnerkontroll - is there someone at your office who could translate for you?

ETA:

Just re-read your post - if their permits had expired prior to applying for renewal I can why they might have been denied. Perhaps a fresh application for Familiennachzug, rather than a renewal, might be possible... Do ask your HR folks for help.

Hope it all works out.
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Old 03.08.2012, 12:08
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Re: Family permit renewals denied - ideas?

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Another strategy would be to find someone who speaks German to accompany you to translate... at least when dealing with officialdom in my Gemeinde I have found that keeping the conversation in the local language opens doors more easily.

I can see how your wife and daughter's residency would be called into question. When they left, did they de-register? A B permit (C as well) expires if one is out of the country for more than 6 months without first having been granted an extension - but my understanding was that one usually needs to de-register for the clock to start ticking.

During the time your wife and daughter were in the US did you keep up their Swiss health insurance, social contributions (if any) etc?

Start with a friendly conversation with Einwohnerkontroll - is there someone at your office who could translate for you?

ETA:

Just re-read your post - if their permits had expired prior to applying for renewal I can why they might have been denied. Perhaps a fresh application for Familiennachzug, rather than a renewal, might be possible... Do ask your HR folks for help.

Hope it all works out.
Thank you again. They were not out for 6 consecutive months, and have not de-registered yet (the deregistration form was sent to us with the denial). All health insurance is up to date, including for the last month and august, for which they technically don't have residency. The applications were submitted prior to expiry, but the Kanton wouldn't process them without surrendering the originals. Re-applying in an interesting approach. We are a small outfit, and our HR person locally is Swiss, but really not useful for international or immigration matters. I appreciate your time, and would "Thank" you, but don't have the button to do it.
If I get this worked out, I'll post the resolution in the event this happens to someone else.
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Old 17.08.2012, 11:40
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Re: Family permit renewals denied - ideas?

RESOLVED!

Met with someone from the Kanton's Economic Promotion department, who gave me the name of an individual in charge of the Amt fur Migration and suggested I contact her directly. He also offered to intervene directly if I received a negative response after contacting the person in charge directly. I wrote her a letter explaining our situation (in English) and within a week received a letter containing a bill for renewal and indicating the permits would be mailed out separately.
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Old 17.08.2012, 15:48
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Re: Family permit renewals denied - ideas?

Glad to hear that your issues were sorted out positively. In my exp, the Swiss authorities tend to create issues with what might appear to be outlandish rules but after a bit of talking and explaining the backgroud, they tend to align and help you out (well atleast mostly).
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