Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 21.10.2014, 01:43
Newbie
 
Join Date: Oct 2014
Location: Vienna
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
viejo has no particular reputation at present
EU/Non-EU family reunification questions

Dear all,

I am aware that the question of EU/non-EU spouse visas and family reunification has been discussed in many threads and I have read through a lot of them, which was really helpful to me. But as our situation is a little different and the chaos in my head is growing I would be extremely thankful for any kind of advise from the forum users.

The situation is the following: I am an Austrian citizen and met my fiance in Australia, which is his home country. We lived in Australia for the last 5 years and are planning to get married in Austria around March next year (depending on how long it will take us to get the paperwork ready and the date for the civil wedding). I will be starting a new job at a university in Switzerland in January 2015. As my partner is working overseas for a few months anyway, I will first move there on my own, find an apartment and then meet him back in Austria for our wedding.

I am aware from reading in this forum and through the immigration websites that as the husband of an EU-citizen my partner should receive the same visa I am on, giving him the right to stay and work in Switzerland. But this is where my questions start: It seems to me that this rule mainly applies to couples who have been living in an EU country together and where hence the EU spouse already has a permit to stay in the EU. Would this rule still apply to us, even though my partner and I have been living outside the EU? Having to apply for his permanent residency in Austria first would be a bureaucratic nightmare, so we are kind of hoping that we don't have to go through this.

The second question I have is regarding the timing of our reunification in Switzerland: After our wedding in Austria, can he come with me to Switzerland on a tourist visa and apply for all the paperwork from there or should he wait in Austria?

And finally: When I arrive in Switzerland should I advise the immigration authorities of my intention to marry?

I very much appreciate all of your ideas, advise, expertise on this!
many thanks
Reply With Quote
  #2  
Old 21.10.2014, 06:57
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 3,663
Groaned at 63 Times in 33 Posts
Thanked 3,304 Times in 1,613 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: EU/Non-EU family reunification questions

It doesn't matter where you have been living. If you have an EU passport and you are married, he can come with you.

Getting here is going to be more complicated with him being non-EU. You will need to apply for family re-unification and he will need to apply for a D-visa, which allows him into the country.

He needs to apply for the D-visa from his country of residence - which is Australia (unless he becomes a resident of Austria, then you can apply for the visa in Austria). You probably need to apply for family reunification, once you are in Switzerland and have applied for your permit. Whether you can do this before you are married, so he has the D-visa before getting to Austria, or if he'll have to return to Australia first - I don't know. You should speak to the Swiss embassy in Australia. It normally takes a few months to get the D visa.
Reply With Quote
  #3  
Old 21.10.2014, 07:23
swisspea's Avatar
Forum Legend
 
Join Date: May 2008
Location: From one side of lake Zurich to the other...
Posts: 5,810
Groaned at 33 Times in 22 Posts
Thanked 5,475 Times in 2,603 Posts
swisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond repute
Re: EU/Non-EU family reunification questions

The best thing is to talk to the consulate general of Switzerland in Austria (or whatever office handles Austrian citizens).... they will be much more aware of the procedure for Austrian citizens.

The problem is that until you are married, you cannot apply, but it might be possible to get him papers for Austria (schengen visa, marriage etc) which then allow him to move quite freely in Europe.

The timing of everything is an issue - can you get married earlier or in Australia instead ?
Reply With Quote
  #4  
Old 21.10.2014, 07:57
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 20,477
Groaned at 354 Times in 269 Posts
Thanked 14,942 Times in 8,586 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: EU/Non-EU family reunification questions

No, he doesn't need to have a residence permit for Austria. Once he's married to you he can join you when all the paperwork has been sorted. Here's the requirements.

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

The fact that you're coming ahead of him may help as you'll need to show that you have a place big enough for both of you and will also need to prove that you can support him financially on your salary.

I wouldn't try and go the tourist visa route. It has worked in the past, but the authorities seem to be following the rules more strictly since the recent immigration vote so he would probably have to leave Switzerland to apply for the Type D visa elsewhere. If you're lucky that might in Austria, but they could just as easily insist he goes back to Australia to apply. As Australia is his home country that is the place he should be applying from.

Check with the embassies in both countries to see what they say. Make sure too that you both have recent copies of your birth certificates (less than 6 months old) as well as copies of your marriage certificate. These will need to be in either a Swiss language (German, French, Italian) or English. If you know which part of Switzerland you'll be living in, contact the admin office there to find out exactly what you need to do to register the marriage here.

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

It may mean a few months apart, but providing you get all the paperwork right it will happen.
Reply With Quote
  #5  
Old 21.10.2014, 08:54
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 3,663
Groaned at 63 Times in 33 Posts
Thanked 3,304 Times in 1,613 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: EU/Non-EU family reunification questions

If you want to save a lot of hassle and the expense of possibly returning back to Australia after the wedding to apply for the d visa, I'd get married soon in Australia.

You could just do the legal bit in Oz, then you can apply for the visa there and get it before going to Austria. Then you can have a (non legal) wedding in Austria and head straight to Switzerland.
Reply With Quote
  #6  
Old 21.10.2014, 15:48
Newbie
 
Join Date: Oct 2014
Location: Vienna
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
viejo has no particular reputation at present
Re: EU/Non-EU family reunification questions

Thanks so much everyone for all your helpful responses! we know it would be much easier to marry in Australia and apply from there, but unfortunately we have been overseas for a while now, as my partner has work in Mexico. It would be much easier (and cheaper) for us if we could sort this all out whilst being in Europe. Once back in Austria I will contact the Australian and Swiss embassy as well as the Austrian immigration and see what they say. Perhaps we are lucky and we can get him Schengen papers as soon as we are married so that at least he can wait from Austria rather than having to go back all the way to Australia. I'll keep you posted on the outcomes. Perhaps it also helps future readers of this forum.

Thanks again, for your help!
Reply With Quote
  #7  
Old 21.10.2014, 17:54
Senior Member
 
Join Date: Feb 2008
Location: Zurich
Posts: 359
Groaned at 66 Times in 49 Posts
Thanked 1,163 Times in 480 Posts
reids has a reputation beyond reputereids has a reputation beyond reputereids has a reputation beyond reputereids has a reputation beyond reputereids has a reputation beyond repute
Re: EU/Non-EU family reunification questions

There was a poster on here last year if memory serves who got the family reunification in the sourh of the country without marriage. They had lived together in Australia for 5 years prior to coming to switzerland as I recall, I can't find the post but it stuck in my mind as it was around the same time as I was doing the (ultimately unsuccessful) process.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Family Reunion permit processing after additional questions (non-EU) Cheezecake Permits/visas/government 4 20.05.2014 20:45
Non EU and EU family moving to Zurich littleplacebigtrouble Permits/visas/government 1 07.11.2011 21:47
Non-eu partners - family reunification charlotte1 Permits/visas/government 23 02.09.2011 21:21
Non EU family reunification visa approved papafilipo Permits/visas/government 8 24.02.2010 16:25


All times are GMT +2. The time now is 20:52.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0