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-   -   Renewal of permit denied - what now? (https://www.englishforum.ch/permits-visas-government/212734-renewal-permit-denied-what-now.html)

frankieboy 07.07.2014 15:58

Renewal of permit denied - what now?
 
Hello English Forum,


I'm feeling a bit drained after some news I received today. I want to keep this as simple as possible.


My British girlfriend who has been living here in Switzerland for 5 years on her B Permit, received a letter today saying that she had been declined for a C Permit. The reasons cited for the refusal were that she didn't earn enough money here and also the fact that she had recieved some support towards her health care insurance payments.


I'm Swiss by the way. We were hoping to get married soon.


Of course, we are appealing and have written back to the immigration promising that she won't use anymore support for health insurance (she only had help for one year anyway. Her earnings have been very up and down, she has a seasonal job.)


What should we expect now? I don't want her to have to leave. Switzerland. I also have a steady job set up here and we maintain a nice home.


We have considered bringing forward our wedding, and when I called the Immigration Office after we receieved the letter, I asked what the procedure would be if we brought it forward, and the woman said that it was suspicious we were going to start planning a wedding after receiving this news. (Although, 2 months ago we informed them that we were going to be getting married in 2015, on her visa renewal form, so it's not like this is an impulsive decision.)


Where to go from here? Any advice appreciated.


Thanks

3Wishes 07.07.2014 16:02

Re: Renewel of permit denied - what now?
 
Welcome to the Forum. As far as I know, a denial of a C-permit doesn't mean she has to leave the country (as she is an EU citizen she can stay here as long as she can support herself). It just means she doesn't get permanent residence yet. Did they not issue her with another 1-year B instead?

frankieboy 07.07.2014 16:04

Re: Renewel of permit denied - what now?
 
Hi

Thanks for your reply.

She got a letter of "Gewährung des rechtlichen Gehörs" [granting of the right to be heard]today where they're basically stating a "Vorgesehene Massnahme" - Widerruf der Aufenthaltsbewilligung und Wegweisung aus der Schweiz! [Proposed action" - Withdrawal of residence permit and removal from Switzerland]

Basically they're planning to send her out of the country just for that one reason that she was depending on some health care insurance payments.

rob1 07.07.2014 16:08

Re: Renewel of permit denied - what now?
 
You dont mention which canton she lives in... luzern? or wouldnt happen to be AG ?

frankieboy 07.07.2014 16:10

Re: Renewel of permit denied - what now?
 
Ah sorry...she lives in Luzern with me.

nanners 07.07.2014 16:13

Re: Renewel of permit denied - what now?
 
That sounds really odd. Perhaps you should call them? I know people who have gotten their B extended, or even C, after far more governmental support than that. Good luck.

frankieboy 07.07.2014 16:16

Re: Renewel of permit denied - what now?
 
I know it sounds odd but I feel very confused by the whole thing. I tried calling them but they couldn't give any more information as they're waiting for our "appeal letter" to arrive that I'll send off today.

Medea Fleecestealer 07.07.2014 16:16

Re: Renewel of permit denied - what now?
 
Short of bringing the marriage forward, you could apply for either a fiancé or concubine permit for her. Here's Vaud's info on concubinage.

http://www.vd.ch/themes/vie-privee/p...s-du-concubin/

Ask at your canton migration office about these permits and see what they say. If they're that opposed to any possibilities, then she'll just have to go back to the UK until you get married. If you truly love each other, a few months apart won't hurt. It's hard, but this is a consequence of the recent vote to curb immigration. Rules that weren't being enforced before now are.

Aleydis 07.07.2014 16:19

Re: Renewel of permit denied - what now?
 
Ultimately, who pays for her living costs?

frankieboy 07.07.2014 16:23

Re: Renewel of permit denied - what now?
 
Obviously she does generate an income but she was offered Prämienverbilligung [premium reduction] so she took it - not knowing that it can affect her renewal. Obviously we live together and we don't have any financial problems.

If we knew it affects her renewal then obviously we wouldn't have taken it but we got no information about it. She never took Sozialhilfe [welfare] or RAV benefits so I'm just really surprised about this.

porsch1909 07.07.2014 16:28

Re: Renewel of permit denied - what now?
 
Sounds a bit peculiar to be honest. If she was refused for a C permit she should have gotten another B or an L worst case.

frankieboy 07.07.2014 16:38

Re: Renewel of permit denied - what now?
 
And as a little note to the side; we've been dealing with this matter since February 2014 when her visa expired. We sent in all the required documents on time and they kept sending us more documents to fill out, we had to send in her income statements, proof that there are no police records etc. and it has taken them til today to send us this negative letter. I am just very upset because it doesn't seem right and fair.

Aleydis 07.07.2014 16:38

Re: Renewel of permit denied - what now?
 
Quote:

Originally Posted by frankieboy (Post 2193254)
Obviously she does generate an income but she was offered Prämienverbilligung [premium reduction] so she took it - not knowing that it can affect her renewal. Obviously we live together and we don't have any financial problems.

If we knew it affects her renewal then obviously we wouldn't have taken it but we got no information about it. She never took Sozialhilfe [welfare] or RAV benefits so I'm just really surprised about this.

"... we live together and we don't have any financial problems."

In my humble opinion this should be the key argument of your appeal letter, with emphasis on WE. Supporting (financial) documents of both attached, etc. Perhaps you know someone who could write or at least proofread the letter for you?

Best of luck to you.

chomp 07.07.2014 16:40

Re: Renewel of permit denied - what now?
 
What type of British national is she?

If the passport is not endorsed as 'British Citizen' under 'Nationality,' then different immigration regulations can apply, such as not benefiting from certain provisions of the freedom of movement. I.e., is she a British Oversees Territories Citizen etc.?

adrianlondon 07.07.2014 16:41

Re: Renewel of permit denied - what now?
 
Police records? Something is wrong; police records aren't needed for EU people on B permits. Is she currently not working and in fact they're automatically applying for some kind of visa to allow her to stay as your partner? I agree with almost everyone else in this thread who's said something sounds odd about your case.

Just appeal, ask for a standard B or C permit, and relax.

frankieboy 07.07.2014 16:45

Re: Renewel of permit denied - what now?
 
She's from england. we were shocked as well about the amount of info they needed, it sounded weird to us and that's why i've posted on here today, to see if anyone could shed some light on it.

roegner 07.07.2014 16:55

Re: Renewel of permit denied - what now?
 
You write that you already stated "on her visa renewal form" that you will get married next year and that February 2014 her visa expired. I never heard that a British citizen needs a visa for Switzerland?

Shorrick Mk2 07.07.2014 16:57

Re: Renewel of permit denied - what now?
 
Quote:

Originally Posted by frankieboy (Post 2193269)
And as a little note to the side; we've been dealing with this matter since February 2014 when her visa expired. We sent in all the required documents on time and they kept sending us more documents to fill out, we had to send in her income statements, proof that there are no police records etc. and it has taken them til today to send us this negative letter. I am just very upset because it doesn't seem right and fair.


What do you mean by "her visa expired"?

EU nationals don't require a visa to stay in Switzerland.

Island Monkey 07.07.2014 16:58

Re: Renewel of permit denied - what now?
 
Does she have a work contract? If yes, then she is entitled to an L or B permit!

I don't know the answer but I do feel for you... Permit issues drive me to distraction!

frankieboy 07.07.2014 17:00

Re: Renewel of permit denied - what now?
 
Sorry, by visa I meant her B permit! B permit expired in February after 5 years! We got sent an automatic renewal letter for a C-permit and it got denied as of today.

She wasn't even offered another B permit or anything, eventhough she is registered as self-employed here...I don't understand.


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