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Old 29.09.2014, 13:34
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Permits after divorce

Hi all,
My B permit is linked to my husband's (he is American but has a work permit here). I am investigating ways to maintain my residency permit after we divorce.

I do not currently have a full-time work contract, so that is difficult

Does anyone know if you can get a residency permit by showing that you are starting a company? That you have invested a certain amount of money, etc?

I know that in London they allow this - if you are starting a company they give you a sort of "Entrepreneur visa."

Does that exist in CH? Thanks!
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Old 29.09.2014, 14:23
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Re: Permits after divorce

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Does anyone know if you can get a residency permit by showing that you are starting a company? That you have invested a certain amount of money, etc?
As an Non-EU citizen, I very much doubt it. As far as I know, owning a business does not entitle you to a residence permit.
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Old 29.09.2014, 15:44
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Re: Permits after divorce

How long have you been married, and how long have you lived in Switzerland?
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Old 29.09.2014, 17:12
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Re: Permits after divorce

There's a bit here on permits after divorce.

https://www.ch.ch/en/right-to-reside...th-or-divorce/

There's also these links on becoming self-employed:

https://www.ch.ch/en/becoming-self-employed/

http://www.kmu.admin.ch/kmu-gruenden...x.html?lang=en

The thing is you're already here and have a permit, so getting a business going might not be as difficult. But no, there isn't an entrepreneur permit as far as I know. Just investing in an existing business will not grant you residency rights.

Best thing to do is contact your canton migration office and see what they say about the possibility of getting your permit changed to a self-employed one if you've got a business idea you want to pursue.
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Old 29.09.2014, 21:26
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Re: Permits after divorce

I assume that you got your swiss residence right based on the marriage. (If you already had an independent permit before marriage, your permit after divorce might just be rolled back to that before marriage, subject to certain conditions)

In this case, time spent in swotzerland under marriage and integration are the decisive factor. If you have lived here for more than 3 years under marriage AND you are well integrated (most importantly language), you will get your independent B permit after divorce, irrespective of your current employment condition. And this permit might be open (not linked to a specific employer), so it might be already enough for you. But it does not allow you to start independent business, for which you have to apply through the process specified in the link provided by Medea.

Otherwise (Less than 3 years OR if your integration is not good), your OCP will contact you to cancel your current permit shortly after the divorce is finalized, regardless of the expiring date of the permit. You will have right to appeal but chances of success is usually small.
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Old 30.09.2014, 11:24
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Re: Permits after divorce

Thank you guys so much for your replies.

Also - since my husband had a firm hired that did our taxes... I have no idea how to do my taxes after divorce.

Has anyone had to deal with doing their own taxes independently after having been divorced? Since our taxes were linked for 8 years I have no idea... maybe even the divorce status will impact my filing or something in terms of the reporting laws...

If anyone has any further advice please let me know. Many thanks!!
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Old 30.09.2014, 11:33
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Re: Permits after divorce

Worry about that after you find out whether you can stay here or not. That's the most important thing right now.
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Old 30.09.2014, 12:48
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Re: Permits after divorce

Agree you just need to check your status first. Then check with your tax advisor. I can recommend a good person for Swiss taxes -- have used him for years, pre- and post-divorce. Send me a PM if you're interested and I can send you his details.

And I presume you have a divorce lawyer who could also advise you on these issues?
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Old 01.10.2014, 12:08
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Re: Permits after divorce

I actually do not have a good divorce lawyer. If anyone can recommend one that would be great.

I have been in Switzerland 7 years so am eligible for a C permit but have to pass the German language test. Then have to apply for a C permit. And I don't know how much time it will take to get the test back (they say a month they "don't know" then will try to apply for a C permit after the test results... but don't know how long that takes to process if it works...

The difficulty is knowing if - would I be kicked out of Switzerland STARTING ON THE DATE THAT I FILED FOR DIVORCE.... OR ON THE DATE THAT THE DIVORCE WAS PROCESSED???

Do you know what I mean? (I went to the Migration office & they were actually not helpful, evasive & would not answer my questions with definitive answers. IT seemed like they didn't know because in most cases they delt with the couple had a kids - since I don't have kids they didn't really know).

If anyone has a sense of this I WOULD LOVE TO HEAR YOUR EXPERIENCE OR KNOWLEDGE - thanks!!
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Old 01.10.2014, 14:49
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Re: Permits after divorce

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I actually do not have a good divorce lawyer. If anyone can recommend one that would be great.

I have been in Switzerland 7 years so am eligible for a C permit but have to pass the German language test. Then have to apply for a C permit. And I don't know how much time it will take to get the test back (they say a month they "don't know" then will try to apply for a C permit after the test results... but don't know how long that takes to process if it works...

The difficulty is knowing if - would I be kicked out of Switzerland STARTING ON THE DATE THAT I FILED FOR DIVORCE.... OR ON THE DATE THAT THE DIVORCE WAS PROCESSED???

Do you know what I mean? (I went to the Migration office & they were actually not helpful, evasive & would not answer my questions with definitive answers. IT seemed like they didn't know because in most cases they delt with the couple had a kids - since I don't have kids they didn't really know).

If anyone has a sense of this I WOULD LOVE TO HEAR YOUR EXPERIENCE OR KNOWLEDGE - thanks!!
Even if you have your language test result right now, applying for C permit can take weeks or months (you won't get the permit right away), so if you are already in (or are about to start) the divorce process this might not help.
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