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Old 01.10.2014, 14:31
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Family Reunion for Non-EU - Help Please!

Dear forum members,

I am a non-EU individual who havs recently been offered a contract in a global company with an office in Zurich. They are now processing my work sponsorship visa.

I am also about to get married (within the next 2 months) and would like to bring my future wife (non-EU as well) with me preferably on the same day I move there.

I have read information on family reunification and there are mixed messages. For example, in here https://www.ch.ch/en/family-reunification/ it says:

"Holders of a residence permit (permit B) are not entitled to bring family members to Switzerland under the family reunification programme. However, the cantonal migration authorities may make an exception if the third-country nationals holding the residence permit satisfy the following requirements..."

The message contradicts itself...

Can someone please help me understand what is the process for this and whether it is possible to do it?

Thank you very much!
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  #2  
Old 01.10.2014, 18:16
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Re: Family Reunion for Non-EU - Help Please!

Welcome to the forum aivoric.

It doesn't contradict itself at all. It means exactly what it says, only non-EU C permit holders have the "right" to bring family members to Switzerland under family reunification, non-EU B permit holders don't, BUT often the cantons will approve an application to do so.

Depending on the type of contract and the permit type you're issued with (no guarantee that it will be a B permit) you may be able to apply for your wife to join you, but she probably will not be able to come with you straightaway because you will have to meet the requirement of having a place big enough for both of you to live in by Swiss standards and it's very unlikely, unless your company stands as sponsor for you, that you'll be able to rent a place before you arrive in the country.

Talk to your company to see if they will also sponsor her for a dependent's permit on your behalf and help with finding some temp accommodation for you for the first few weeks/months.

Otherwise, you'll have to wait until you've got your permit and then apply on your wife's behalf for her to join you.

Do make sure you've applied for the Type D visa so you can enter Switzerland long term legally, this is required for all non-EU citizens so your wife would also have to apply for one in due course. Also make sure that your birth certificates are translated either into a Swiss language (German preferably for Zurich) or English, same with the marriage certificate if you're not getting married in the UK. These may also need to be notarised, check with the embassy in the UK on exactly what's needed.
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Old 06.10.2014, 18:00
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Re: Family Reunion for Non-EU - Help Please!

Dear friends!

Also have the same kind of question, but my case is little different

- Nationality - Indian (wife and kid also)
- Residence Permit - German (EU blue card, wife and kid are dependent)


I got offer from one NGO and they will soon process long term B permit (That is what they told me)

My question is , can I apply my wife's and my kid's permit together so that I have a hassle free (from germany to switzerland) migration?

If yes, what I have to provide (documents) and my future employer has to provide?

They promised me that they will help me in this migration, but so, far they just asked my documents and not any other!

Thanks in advance!
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Old 06.10.2014, 18:37
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Re: Family Reunion for Non-EU - Help Please!

I don't think it's any different. The fact that you have an EU residence permit doesn't count for anything in Switzerland as it's not part of the EU. So see my previous post: talk to your new employer, get documents translated, etc. Check with the Swiss embassy in Germany too on whether you'll need a new Type D visa or not, I can't find a definite answer.
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Old 13.10.2014, 11:14
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Re: Family Reunion for Non-EU - Help Please!

Hi,

I tried sending question to Swiss consulate and they told that I can also do the family reunion visa as I am legal resident of Germany (though I am Non EU),

Now, I have to go thru this link, which they gave me.

https://www.eda.admin.ch/countries/g...ontentPar_0003

I will keep you posted what we need after that!

Cheers,
FJC
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Old 15.10.2014, 13:25
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Re: Family Reunion for Non-EU - Help Please!

Hi Medea, FJC,

Thank you both for your replies and comments - it is very useful!

Do you know how long on average it takes to apply for a family reunification visa and get it?

Also, what are the rough % of success assuming that I meet the requirements for an apartment large enough and financial ones with a high salary?

Lastly, would my wife be able to work in Switzerland?

Thank you,

Ivan
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  #7  
Old 15.10.2014, 15:14
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Re: Family Reunion for Non-EU - Help Please!

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Hi Medea, FJC,

Thank you both for your replies and comments - it is very useful!

Do you know how long on average it takes to apply for a family reunification visa and get it?

Also, what are the rough % of success assuming that I meet the requirements for an apartment large enough and financial ones with a high salary?

Lastly, would my wife be able to work in Switzerland?

Thank you,

Ivan
The application can take some months so don't expect a quick decision. Firstly your permit has to be approved, you need to move here and get established, then apply for her to join you. It may be quicker if the company is applying on your behalf so the two applications are done together, but as you're not married yet I don't know if that will hold things up for her application. One of the documents they will want will be the marriage certificate so until you can produce that they may wait on any application for her.

Where are you getting married btw? I see you're Russian, but based in the UK at the moment. Be aware that birth certificates, marriage certificate, etc, should be in one of the Swiss languages (German, French, Italian) or English so if you're planning to marry in Russia check with the Swiss embassy on what you'd need to do to legalise it. It would need to be translated into one of the above languages and notarised at least. Birth certificates too need to be less than 6 months old so you may need new copies of these and translated.

Chances are good if you meet the criteria, but as I said it's not a "right" for non-EU nationals so there is always a possibility of refusal. I've not read of a refusal happening here on the forum, but that doesn't mean it doesn't happen.

It'll depend on what permit you end up with. The application may have been for a B, but there's no guarantee that's what you'll get, it could be an L instead.

If it's a B then yes she can look for work and shouldn't have any problems in getting the work part added to the residence part of the permit once she presents the employment contract to the migration office.

If you/she gets an L then she can still look for a job, but her potential employer will still have to meet certain criteria to show they can't find someone else who could do the job before they would get permission to hire her.
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Old 16.02.2018, 14:37
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Re: Family Reunion for Non-EU - Help Please!

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Hi Medea, FJC,

Thank you both for your replies and comments - it is very useful!

Do you know how long on average it takes to apply for a family reunification visa and get it?

Also, what are the rough % of success assuming that I meet the requirements for an apartment large enough and financial ones with a high salary?

Lastly, would my wife be able to work in Switzerland?

Thank you,

Ivan
Hi Ivan, is it possible to share your experience? Have you got B or L permit finnally? Did your wife got the work permit as well? I am on the same situation like you 4 years ago (and we have the same origin in common btw )
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Old 16.02.2018, 14:51
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Re: Family Reunion for Non-EU - Help Please!

Hi seamann,

First 2 years we had an L permit. My wife got her L through me. She found a job, and we filed an additional "ask" to the immigration authorities so that her L permit becomes work-enabled. They granted it very quickly (1-2 weeks).

After 2 years you get a B permit for 1 year and renewed yearly.

I encourage to read all of the following page on the Swiss immigration laws (you can change language to English on the right):
https://www.admin.ch/opc/de/classifi...232/index.html
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  #10  
Old 16.02.2018, 15:28
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Re: Family Reunion for Non-EU - Help Please!

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Hi Ivan, is it possible to share your experience? Have you got B or L permit finnally? Did your wife got the work permit as well? I am on the same situation like you 4 years ago (and we have the same origin in common btw )
It depends on what type of permit you get. If you get an L then an employer will have to ask permission to hire her - and she must have professional qualifications, i.e. a university degree.

"4.4.1 For-profit activity of family members of a foreigner (Articles 26 and 27OASA)
Art. 26 and 27 OASA provide that the priority (Article 21 LEtr) given to foreign jobseekers already in Switzerland and authorized to work does not apply to the first activity of persons entering Switzerland under the grouping. Family Law (Articles 44 and 45 LEtr). This means that, in particular, holders of a residence permit can not claim priority in respect of persons who have entered Switzerland under the heading of family reunification.

Family members of foreigners who have entered Switzerland under family reunification are not subject to the maximum numbers within the meaning of Art. 19 and 20 OASA.

Only persons entitled to family reunification can invoke the constitutional right to engage in gainful employment (ATF 123 I 212 et seq.). As a result, family members of a Swiss citizen or an established (C permit) foreigner may, under 46 LEtr and 27 OASA, engage in a lucrative activity without authorization.

On the other hand, family members of a residence (B) permit holder do not enjoy a right to engage in gainful activity. However, given the general objectives of the LEtr (better integration of the foreign population), the legislator decided not to subject the lucrative activity to authorization.

Family members of a holder of a short-term residence (L) permit (Article 26 OASA) do not enjoy the right to exercise a lucrative activity. The exercise of a lucrative activity is subject to authorization. Upon admission, a request from the employer respecting the remuneration and working conditions in use in the locality and branch must have been submitted. In addition, members of the family of a holder of a short-stay (L) permit (Article 26 OASA) must have professional qualifications (personal qualifications, Article 23 LEtr).

The possibility of engaging in a gainful activity for family members is related, according to art. 26 and 27 OASA, for the duration of the authorization of the person who has benefited from family reunification. If the spouse's residence permit is not renewed, his family members can not claim a right to continue their gainful activity (Article 6 (2) OASA)."
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Old 28.02.2019, 06:08
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Re: Family Reunion for Non-EU - Help Please!

Hello everyone,

Iím a non- eu.

I have read many of the posts here on forum and finally encountered with this one which is almost similar to my case . Nevertheless let me briefly explain my case .

I have signed a indefinite contract with a Swiss company in Zurich recently and my work permit application is still under consideration by authorities ( HR told me that it is being assessed in Bern currently). During my application period,I got married officially so that we can apply for her permit. My intention was that she could get her permit and enter to Switzerland in July but according to the experiences and the comments on this forum , this seems not realistic. What I have understood is that firstly I get my permit , enter to the country , rent a suitable flat for 2 people and apply for her application. Could you please confirm or add any other things if missing?. By the way , what is the application procedure for her permit ?. Should I apply for her with her documents or she can apply for herself in her home country ?.

Last question, in case her visa is not granted until July, she can enter to Switzerland with a tourist visa ?.

Thank you for your help.
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Old 28.02.2019, 08:43
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Re: Family Reunion for Non-EU - Help Please!

You will need to get your marriage recognised by Switzerland first.

https://www.ch.ch/en/wedding-abroad/

Once that is done then you apply for a family reunification permit for her. At the same time she applies for a Type D visa at the Swiss embassy/consulate - the two will be matched up during the application process. If everything's okay then you should be granted a family reunification permit.

https://www.ch.ch/en/family-reunification/

Do not enter on a tourist visa - it will only complicate the application process. You'll just have to be patient and wait until the reunification permit is granted or not.
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Old 28.02.2019, 09:11
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Re: Family Reunion for Non-EU - Help Please!

Thank you very much for your reply.

I have checked the information in the websites you provided but it only says you need to consult to cantonal registration office for the application procedure. I can only do this when I arrive to Switzerland and talk to them personally. Is there any documents lists which I should bring with me to Switzerland for application?. I do not want to loose time because of missing documents.

By the way , is there something which my company should do for my family reunification process ?.

Thank you.
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Old 28.02.2019, 09:20
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Re: Family Reunion for Non-EU - Help Please!

I don't think there's much they can do because the marriage has to be recognised first. You could ask the Swiss embassy/consulate about what documents would be needed or check the cantonal migration office website to see if that has a list.
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Old 28.02.2019, 10:06
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Re: Family Reunion for Non-EU - Help Please!

Thank you again.

I hwould like to ask one more question regarding to my work permit application. My employer applied for my permit in Zurich on 21th December. They informed me that it is assessed by Bern offices now. Does it mean it is in second approval before final one?.

Thanks.
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  #16  
Old 28.02.2019, 10:20
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Re: Family Reunion for Non-EU - Help Please!

Yes.

https://www.sem.admin.ch/sem/en/home...ensablauf.html
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