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Old 16.05.2013, 15:10
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Migration Office asked to return the B-permit

Promised myself to help her ... so that's the story

one of my friends is in trouble cause the Migration Office. She got married last year with a EU citizen and then moved here for family reunification purposes. She is a non-EU citizen.

So far so good ... apart that the marriage didn't work very well and she left the "family house". In the meantime she got a job here in CH but her B-permit is still bound to family reunification and not to the new job.

Now (1 week ago) she received from the Migration Office a letter stating that she has to return the permit by the end of this month and leave the country in the next 2 following weeks maximum. Probably the letter is a consequence of the fights with the husband...

I guess the situation is quite desperate and there are few solutions available. It is "theoretically" possible to make an appeal to the court against the Migration Office but I bet the outcome will be: a lot of money spent for lawyers and no result.
Another option would be her employer to convert her B-permit into a L-permit for work reasons (she has a regular contract) but in such short time, considering also the quotas to which non-EU citizens are subjects it's kind of non feasible.

Anything else? Advices? Suggestions?

Thanks
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Old 16.05.2013, 15:20
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Re: Migration Office asked to return the B-permit

best bet :-

remember the old romantic days and live happily with her hubby !
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Old 16.05.2013, 15:21
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Re: Migration Office asked to return the B-permit

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Promised myself to help her ... so that's the story

one of my friends is in trouble cause the Migration Office. She got married last year with a EU citizen and then moved here for family reunification purposes. She is a non-EU citizen.

So far so good ... apart that the marriage didn't work very well and she left the "family house". In the meantime she got a job here in CH but her B-permit is still bound to family reunification and not to the new job.

Now (1 week ago) she received from the Migration Office a letter stating that she has to return the permit by the end of this month and leave the country in the next 2 following weeks maximum. Probably the letter is a consequence of the fights with the husband...

I guess the situation is quite desperate and there are few solutions available. It is "theoretically" possible to make an appeal to the court against the Migration Office but I bet the outcome will be: a lot of money spent for lawyers and no result.
Another option would be her employer to convert her B-permit into a L-permit for work reasons (she has a regular contract) but in such short time, considering also the quotas to which non-EU citizens are subjects it's kind of non feasible.

Anything else? Advices? Suggestions?

Thanks
Just my opinion. If she did not start the L-permit process when she left the "family house" I don't think they will issue one now she has been requested to leave. Also I don't think her employer will be happy as she told them she had a B-permit, but she didn't really have one, once she left the "family house". i.e. her condition had changed.

My advise, back away now. HTH
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Old 16.05.2013, 15:25
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Re: Migration Office asked to return the B-permit

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Just my opinion. If she did not start the L-permit process when she left the "family house" I don't think they will issue one now she has been requested to leave. Also I don't think her employer will be happy as she told them she had a B-permit, but she didn't really have one, once she left the "family house". i.e. her condition had changed.

My advise, back away now. HTH
No, that's has been her fault ... she left cause issues with him but not in the correct way, that is starting legally a separation and addressing the issues to a court ... this because she was unemployed at the time and the chances to be sent home were really high.

Frankly speaking I think there are no solutions ... but never say never
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Old 16.05.2013, 15:29
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Re: Migration Office asked to return the B-permit

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No, that's has been her fault ... she left cause issues with him but not in the correct way, that is starting legally a separation and addressing the issues to a court ... this because she was unemployed at the time and the chances to be sent home were really high.

Frankly speaking I think there are no solutions ... but never say never
How long were they married before she left?
If less than 4 years, no chance.
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Old 16.05.2013, 15:32
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Re: Migration Office asked to return the B-permit

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How long were they married before she left?
If less than 4 years, no chance.
hmm ... they married in EU less than 1 year ago and she left after 3-4 months .... I can read your mind now
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Old 16.05.2013, 15:35
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Re: Migration Office asked to return the B-permit

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Promised myself to help her ... so that's the story

one of my friends is in trouble cause the Migration Office. She got married last year with a EU citizen and then moved here for family reunification purposes. She is a non-EU citizen.

So far so good ... apart that the marriage didn't work very well and she left the "family house". In the meantime she got a job here in CH but her B-permit is still bound to family reunification and not to the new job.

Now (1 week ago) she received from the Migration Office a letter stating that she has to return the permit by the end of this month and leave the country in the next 2 following weeks maximum. Probably the letter is a consequence of the fights with the husband...

I guess the situation is quite desperate and there are few solutions available. It is "theoretically" possible to make an appeal to the court against the Migration Office but I bet the outcome will be: a lot of money spent for lawyers and no result.
Another option would be her employer to convert her B-permit into a L-permit for work reasons (she has a regular contract) but in such short time, considering also the quotas to which non-EU citizens are subjects it's kind of non feasible.

Anything else? Advices? Suggestions?

Thanks
A family reunification B permit doesn`t give permission to seek employment.
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Old 16.05.2013, 15:36
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Re: Migration Office asked to return the B-permit

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hmm ... they married in EU less than 1 year ago and she left after 3-4 months .... I can read your mind now
-->
Her:
Lawyer (seek legal advice). Although it's probably a lost cause.
She'd be easier to be complying with the conditions of her Permis B, or move on elsewhere than CH, as the permis will certainly be revoked (she has not respected the conditions of her stay here, which is a serious transgression).


-->
You: back off, smelly situation.

(was my 2 rappens)
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Old 16.05.2013, 15:39
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Re: Migration Office asked to return the B-permit

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hmm ... they married in EU less than 1 year ago and she left after 3-4 months .... I can read your mind now
Yes, walk away from the drama now. I know guys who got involved, they thought they were helping, but they only ended up with some stories and empty wallets. Didn't change anything.

They got sucked in saying they would try to help, then when they could not help they felt they should do something, it usually involved money.

Same story different people, just be glad you are not the guy she married. I am sure he is seeing a different side of her.
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Old 16.05.2013, 15:48
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Re: Migration Office asked to return the B-permit

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Yes, walk away from the drama now. I know guys who got involved, they thought they were helping, but they only ended up with some stories and empty wallets. Didn't change anything.

They got sucked in saying they would try to help, then when they could not help they felt they should do something, it usually involved money.

Same story different people, just be glad you are not the guy she married. I am sure he is seeing a different side of her.
yep, right ... the situation is more complicated and more smelly than what I wrote here in this thread ... there was clearly no love involved ... I'm not the guy she married, no worry for that. We have been involved in different terms than marriage but still I think she is not a bad person. Just sometimes life events and circumstances make people behave in ways that might appear incredible or unbeliavable to those without the same problems. Again, that's not a justification ...

I will not advance money nor she is asking for ... she is paying her lawyers but I guess she is loosing all her money and that's it.

Probably she should accept the fact of being kicked out from the country and try to settle elsewhere ...
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Old 16.05.2013, 16:04
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Re: Migration Office asked to return the B-permit

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yep, right ... the situation is more complicated and more smelly than what I wrote here in this thread ... there was clearly no love involved ... I'm not the guy she married, no worry for that. We have been involved in different terms than marriage but still I think she is not a bad person. Just sometimes life events and circumstances make people behave in ways that might appear incredible or unbeliavable to those without the same problems. Again, that's not a justification ...

I will not advance money nor she is asking for ... she is paying her lawyers but I guess she is loosing all her money and that's it.

Probably she should accept the fact of being kicked out from the country and try to settle elsewhere ...
You are correct, she should just accept and move on.

The other guys were not asked for money, the just gave, as they felt they had failed to save her. It's a guy thing, I think.
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Old 16.05.2013, 16:19
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Re: Migration Office asked to return the B-permit

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You are correct, she should just accept and move on.

The other guys were not asked for money, the just gave, as they felt they had failed to save her. It's a guy thing, I think.
yep, those girls tend to attract nice guys usually or wannabe charming princes
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Old 16.05.2013, 17:33
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Re: Migration Office asked to return the B-permit

Silly beginner's mistake. She should have been more patient.
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Old 17.05.2013, 16:11
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Re: Migration Office asked to return the B-permit

Well Nothing is impossible, there is still something she can do to secure herself:

1. Take a lawyers immediately, and explain him the reason why you must move out your ''family house'' and ask him to make a letter to the Migration Office.
2. Never ask for divorce first, let your husband make the first step, if he wants to divorce with you.
3. If he send you the divorce letter, the best way for you is don't sign anything, so that you can take 2 years separation officially.
4. With 2 years separation permission + work contract + Lawyers = Keeping your resident permit at least 2 more years.

Good luck! ;-)
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Old 17.05.2013, 16:19
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Re: Migration Office asked to return the B-permit

Even if she left after '3-4 months' - I really don't think so, somehow.
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Old 17.05.2013, 19:07
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Re: Migration Office asked to return the B-permit

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Probably she should accept the fact of being kicked out from the country and try to settle elsewhere ...
I would imagine the dangers would be that if she is found to be in breach of the permit rules that they could ban her from the Schengen Area, which would be an issue if she wanted to settle elsewhere in Europe...
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Old 17.05.2013, 22:35
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Re: Migration Office asked to return the B-permit

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A family reunification B permit doesn`t give permission to seek employment.
Not true, a family reunification EU B does give work permission. (don't know what is story with non-EU) My wife has family reunification B (EU) and it's valid for work for any employer.
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Old 17.05.2013, 23:39
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Re: Migration Office asked to return the B-permit

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Promised myself to help her ... so that's the story

one of my friends is in trouble cause the Migration Office. She got married last year with a EU citizen and then moved here for family reunification purposes. She is a non-EU citizen.

So far so good ... apart that the marriage didn't work very well and she left the "family house". In the meantime she got a job here in CH but her B-permit is still bound to family reunification and not to the new job.

Now (1 week ago) she received from the Migration Office a letter stating that she has to return the permit by the end of this month and leave the country in the next 2 following weeks maximum. Probably the letter is a consequence of the fights with the husband...

I guess the situation is quite desperate and there are few solutions available. It is "theoretically" possible to make an appeal to the court against the Migration Office but I bet the outcome will be: a lot of money spent for lawyers and no result.
Another option would be her employer to convert her B-permit into a L-permit for work reasons (she has a regular contract) but in such short time, considering also the quotas to which non-EU citizens are subjects it's kind of non feasible.

Anything else? Advices? Suggestions?

Thanks
Is she still married? If yes, then you should fight it with a lawyer. 3 years is the minimum. Otherwise she can appeal the decision with or with out the lawyer and buy herself sometime while she organizes her exit from the country.

It's not going to happen that she can stay here unless she is living with her married partner for atleast 3 full years.

Sorry.
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Old 17.05.2013, 23:40
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Re: Migration Office asked to return the B-permit

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Well Nothing is impossible, there is still something she can do to secure herself:

1. Take a lawyers immediately, and explain him the reason why you must move out your ''family house'' and ask him to make a letter to the Migration Office.
2. Never ask for divorce first, let your husband make the first step, if he wants to divorce with you.
3. If he send you the divorce letter, the best way for you is don't sign anything, so that you can take 2 years separation officially.
4. With 2 years separation permission + work contract + Lawyers = Keeping your resident permit at least 2 more years.

Good luck! ;-)
3 years is the minimum.
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Old 18.05.2013, 07:05
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Re: Migration Office asked to return the B-permit

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...If less than 4 years, no chance.
Well... I know a non-EU lady who immigrated to marry a Swiss chap, who then behaved entirely unreasonably, convinced she was having an affair when she wasn't and started divorce proceedings after 18 months. She immediately got legal advice, and, to cut a long story short, after an appeal it was found that the canton got it wrong by not taking into account
1. That she had supported herself throughout the entire period, and never drew on social coffers
2. That she was well integrated into the community
As a matter of justice and compassion, her appeal was allowed (and the canton had to pay her legal costs back to her). She has since remarried and is in a stable happy marriage with a different Swiss man. They have a cute baby.

Rather different from the situation recounted by the OP, but it does show that the rules aren't necessarily all there is, should someone find that they're in a sticky situation not of there own making.
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