English Forum Switzerland

English Forum Switzerland (https://www.englishforum.ch/forum.php)
-   Permits/visas/government (https://www.englishforum.ch/permits-visas-government/)
-   -   permit question: marriage and move canton... (https://www.englishforum.ch/permits-visas-government/186034-permit-question-marriage-move-canton.html)

RandomForest 27.08.2013 14:20

permit question: marriage and move canton...
 
Hi everyone, actually I don't know if I should put this question here or in "family matters/marriage", but it seems more related to permit issues so I ask here...

I am non-EU, work in Lausanne, live in Lausanne.
My boyfriend is Swiss, works in Geneva, lives in Valais.
We are getting married at the end of September. My VD residence permit is until March 2014, but after marriage in September I will move to Valais to live with him.

My question is: how can I officially live in Valais? Do I need to ask a new resident permit in Valais? Does it make any difference if I make the request before of after the marriage?

Thank you.

stubborn 27.08.2013 15:37

Re: permit question: marriage and move canton...
 
When you move from one community or city to another you have to de-register in old one and register in new one. When you go for registration in new commune, they will let you know if they will do it for you or you have to go to by yourself to immigration office of the canton (depends on cantonal rules). Whoever does it, you will receive new permit anyway because of change in status - family permit and change in canton.

Even moving to Valais without marriage gives you new permit but then your permit changes again after marriage.

Medea Fleecestealer 27.08.2013 15:49

Re: permit question: marriage and move canton...
 
What type of permit is the question. B, L, tied to your employer or not? Check the back of your permit, it will say whether it's tied to your employer. Once you marry however, you will need to change your permit. Are you giving up your job when you marry? If not and your permit is tied to your employer you might need permission from Vaud to move to Valais. That's how it works normally, but the rules can be different for someone married to a Swiss national.

Once you're married you need to register the marriage with your new canton and commune and you have 8 days to de-register from your old one and re-register with your new.

RandomForest 27.08.2013 15:57

Re: permit question: marriage and move canton...
 
Hi. My permit is B tired to the employer. I think because of this I simply cannot move to VS if I work in VD (is this right? please correct me...)

But after marriage can I move to VS? I am not giving up my job in VD. After marriage, we will both live in VS, I commute to VD, he commutes to GE.

Someone told me that the correct procedure should be this: first get married, then ask a new permit in VS based on family reunion, is that correct??

Medea Fleecestealer 27.08.2013 16:07

Re: permit question: marriage and move canton...
 
Yes, I would think that is the best way. Marry first and then apply for a new permit.

If you are not married you cannot move to Valais without permission from the Vaud authorities.

RandomForest 27.08.2013 16:16

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by Medea Fleecestealer (Post 1961476)
Yes, I would think that is the best way. Marry first and then apply for a new permit.

If you are not married you cannot move to Valais without permission from the Vaud authorities.

Yes I think you are right.
But then I have another problem. We will marry in the end of Sept, and my apartment contract in Lausanne is terminating on 31/Sept. Will this be a problem? I have this doubt because after marriage it will take time before I really get a new permit in VS, and during this time I won't have an address in VD... Is this a problem?

Otherwise, after 31/Sept can I temporarily register my "new" address to my friend in VD, before I officially move to VS?

Medea Fleecestealer 27.08.2013 16:47

Re: permit question: marriage and move canton...
 
Question - are you planning on having a honeymoon? If so, de-register from Vaud (you can do this before your actual last day as they just need to know your leaving date) and then contact Valais to let them know that you're getting married on such and such date and ask if you can start the paperwork off for your new permit. You won't be able to complete it until you have your marriage certificate, but if they'll allow you to start the application you won't run foul of the 8 day change canton rule.

If you're not going on honeymoon straightaway then just de-register and re-register at Valais within the 8 days. I don't think you'll have any problems as you're marrying a Swiss national.

st2lemans 27.08.2013 16:53

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by RandomForest (Post 1961486)
my apartment contract in Lausanne is terminating on 31/Sept. Will this be a problem?

Yes, as there is no such date! :eek:

Tom

RandomForest 27.08.2013 16:53

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by Medea Fleecestealer (Post 1961517)
Question - are you planning on having a honeymoon? If so, de-register from Vaud (you can do this before your actual last day as they just need to know your leaving date) and then contact Valais to let them know that you're getting married on such and such date and ask if you can start the paperwork off for your new permit. You won't be able to complete it until you have your marriage certificate, but if they'll allow you to start the application you won't run foul of the 8 day change canton rule.

If you're not going on honeymoon straightaway then just de-register and re-register at Valais within the 8 days. I don't think you'll have any problems as you're marrying a Swiss national.

We are planning honeymoon around Christmas so it has nothing to do here...

So you mean, let's say we get the marriage certificate on 25 Sept, then I can de-register in VD and register in VS just after (before 31 Sept when the apartment in VD reaches the end). There will be no problem? I was thinking that VS needs time to check and tell me if I can really move to VS, and during that time I still have to keep an address in VD. So I was wrong?

RandomForest 27.08.2013 16:57

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by st2lemans (Post 1961522)
Yes, as there is no such date! :eek:

Tom

Oh my god, this was not a typo, before looking at the calender just now I really thought Sept had 31 days... I need to go back to primary school...

miniMia 27.08.2013 17:09

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by RandomForest (Post 1961486)
Yes I think you are right.
But then I have another problem. We will marry in the end of Sept, and my apartment contract in Lausanne is terminating on 31/Sept. Will this be a problem? I have this doubt because after marriage it will take time before I really get a new permit in VS, and during this time I won't have an address in VD... Is this a problem?

Otherwise, after 31/Sept can I temporarily register my "new" address to my friend in VD, before I officially move to VS?

No. It will not be a problem. After you get married de-register at your commune in VD and re-register at your new address in VS. Your permit will still be valid until your new one is issued.


Quote:

Originally Posted by RandomForest (Post 1961523)
We are planning honeymoon around Christmas so it has nothing to do here...

So you mean, let's say we get the marriage certificate on 25 Sept, then I can de-register in VD and register in VS just after (before 31 Sept when the apartment in VD reaches the end). There will be no problem? I was thinking that VS needs time to check and tell me if I can really move to VS, and during that time I still have to keep an address in VD. So I was wrong?

You can move to VS. VS doesn't need to "check and tell you if you can move", beyond verifying you are married.. You are allowed to move in with your Swiss husband. Period. and you don't need to keep your VD address.

ciao 27.08.2013 19:56

Re: permit question: marriage and move canton...
 
Hi!

I have B permit (non-EU, USA to be specific) and it's tied to my employer. My employer is in Basel and I am going to move to Zurich. I was told by HR and Zurich immigration office that I need to send a letter to give reason/explanation for moving to Zurich and get a permission for relocation. Immigration of Zurich explained to me what I need to send to them and didn't say it would be difficult to get permission or not. My friend who has B permit and works in Basel got married to Swiss moved to Zurich and de-registered her permit from Basel and re-registered in Zurich without any problem.

Some say it is just a formal process.. some say it's because I'm from US.. who knows.. but I think you can call the canton of wherever you are moving to and ask if you need a permission or send a letter or anything.

Even if you need to submit a letter, I'm sure you are OK and get permit registration without any problem.

Congratulations by the way :)

Medea Fleecestealer 28.08.2013 07:40

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by ciao (Post 1961677)
Hi!

I have B permit (non-EU, USA to be specific) and it's tied to my employer. My employer is in Basel and I am going to move to Zurich. I was told by HR and Zurich immigration office that I need to send a letter to give reason/explanation for moving to Zurich and get a permission for relocation. Immigration of Zurich explained to me what I need to send to them and didn't say it would be difficult to get permission or not. My friend who has B permit and works in Basel got married to Swiss moved to Zurich and de-registered her permit from Basel and re-registered in Zurich without any problem.

Some say it is just a formal process.. some say it's because I'm from US.. who knows.. but I think you can call the canton of wherever you are moving to and ask if you need a permission or send a letter or anything.

Even if you need to submit a letter, I'm sure you are OK and get permit registration without any problem.

Congratulations by the way :)

Marriage is the difference here. If you marry a Swiss or EU national, then I believe the tied to the employer restriction is lifted so you can move without needing your canton's permission. I'm not sure if it would apply to a non-EU married to another non-EU, it may depend on what permits each holds. For example if both are tied to their employers then one may still need to ask permission to move. But that's a guess on my part.

RandomForest 30.08.2013 10:37

Re: permit question: marriage and move canton...
 
I just come up with another question... So if we are married before the end of September, then I don't have to keep my address in VD. But marriage takes time, no? Right now, we have all the documents needed for the marriage, but we haven't started the procedure, but we will start soon. Usually how long it takes before we really get the official marriage paper?

st2lemans 30.08.2013 10:54

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by RandomForest (Post 1963842)
Usually how long it takes before we really get the official marriage paper?

Less than two weeks, but we are both Swiss.

Then, you need to wait at least another two weeks before you can get married at the earliest (and not more than three months).

Tom

RandomForest 30.08.2013 11:40

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by st2lemans (Post 1963864)
Less than two weeks, but we are both Swiss.

Then, you need to wait at least another two weeks before you can get married at the earliest (and not more than three months).

Tom

In our case a non-EU with a Swiss, I think it might take longer.
why did you say "not more than three months"? so it's maximum 3 months?

Longbyt 30.08.2013 11:43

Re: permit question: marriage and move canton...
 
If the documents were valid indefinitely, there is no telling what else you could have been getting up to in the meantime.

RandomForest 30.08.2013 11:51

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by Longbyt (Post 1963902)
If the documents were valid indefinitely, there is no telling what else you could have been getting up to in the meantime.

I don't get it, maybe my English is too bad...

It is supposed that the documents are still valid at the time when we start the official procedure, not the moment when we get the final marriage paper. No?

st2lemans 30.08.2013 11:52

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by RandomForest (Post 1963897)
why did you say "not more than three months"? so it's maximum 3 months?

If you donīt get married within three months of doing the paperwork and getting it approved, you have to do it all again.

Tom

RandomForest 30.08.2013 11:55

Re: permit question: marriage and move canton...
 
Quote:

Originally Posted by st2lemans (Post 1963911)
If you donīt get married within three months of doing the paperwork and getting it approved, you have to do it all again.

Tom

So, let's say, if the documents are valid until November, and we start the procedure now. If we don't get approved before November, we have to resubmit new papers with new validity?


All times are GMT +2. The time now is 03:58.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0