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Old 20.12.2014, 20:52
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Sejour Aupres du Concubin [Concubine permit] and Customs

Hi Everyone!


I am a first time poster in need of some last-minute advice. Thank you in advance for reading.

I am an American citizen and for the past six months, I have been trying to get a visa to live with my fiance in the Canton of Vaud. He is a French citizen with a Swiss B permit and we have been together for about a year and a half. We applied for "Sejour Aupres du Concubin" which is for unmarried couples living together.

Here is a link to Vaud's website explaining this:http://www.vd.ch/themes/vie-privee/p...s-du-concubin/

The first time we applied, it was denied by the Population Office in Lausanne. The reason was that we are not married and have not lived together for 3-4 years. They gave us 30 days to respond to their decision, so we wrote them again explaining that while we intend to marry, we do not wish to be pressured into marriage by immigration officials, and that in order to live together for 3-4 years, I need to obtain a visa allowing me to live with my fiance in Switzerland. They again denied our request, but this time only stated that it was because we haven't lived together for 3-4 years (dropping the marriage thing), and again gave us 30 days to respond.

This time when we responded, we received a letter from a judge stating that the Population Office has again refused our request and that it is now up to him to make a decision. He requested that we send him 500 CHF for him to review the case, which we did. We are now waiting for an official ruling from him.

Meanwhile, after staying in Switzerland for 90 consecutive days, I returned to the USA this month. I am due to fly back to Switzerland in early January, but am worried that customs will not let me through since, according to Schengen, I am supposed to stay out of the area for 90 days. When I return, I will have with me a certificate from the US stating that I have no criminal record. This is needed to process the Sejour Aupres du Concubin request, but I had to go in person to the US to get it. Vaud's website states that this is needed, but can be sent in later, so the judge is aware that I am obtaining it and will be sending it to him in January.

Each time the Population Office or Judge sent a letter giving me 30 days to respond, they stated that my Schengen-mandated deadline to leave the country is delayed (meaning I can stay past 90 days), but that if I leave the country, I may not be able to reenter.

All of the posts I could find that reference Sejour Aupres du Concubin do not speak directly to my situation, so I am hoping for someone who has either had firsthand experience with this type of stay, or with trying to reenter Switzerland after already staying for 90 days within the 180 day period to give me some advice.

Thanks, again, for reading. Apologies for not posting an introduction before asking for advice, but I only just stumbled upon this forum today and am pressed for time. Any help is much appreciated.

Jane
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Old 20.12.2014, 21:26
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Re: Sejour Aupres du Concubin and Customs

What do you want us to tell you? That you'll be able to get in again? Nope, I don't think so I'm afraid. Not without staying out for 90 days first. The point of extending the deadline is so you can stay in the country while they make a decision one way or another. You've left so I doubt you'll be let in again so soon, even if you bring those letters with you. You'll need to post the document directly to the judge or to your fiance for him to pass on. Do it by registered post so you can be sure it arrives safely. Then wait until you can come in again as a tourist for 90 days.

After all, if you get the permit, you'll need to apply for a Type D visa to enter Switzerland long term legally and that's supposed to be done in your home country which is America. You might have been able to go to France and apply for it there, but as you've overstayed Schengen going into France is no longer possible. So even if the Swiss let you in in January, you'll have to go back to America to get the Type D visa.
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Old 21.12.2014, 09:21
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Re: Sejour Aupres du Concubin and Customs

Thanks for your answer. Actually, the Concubin stay does not require a D Visa. I have been told by the Population Office that I would get a resident permit, so I wouldn't have to leave the country to obtain a visa.

The woman at the Population Office has also told me that I would be able to return in January which is why I'm so confused about the 90/180 rule because it so clearly states that I can't. I'm not sure why I'm getting conflicting information from a government official so I'm wondering if I should try to go through customs or just really play it safe and stay out for 3 months. It seems everyone I talk to gives me a different answer which is worrisome.
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Old 21.12.2014, 09:39
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Re: Sejour Aupres du Concubin and Customs

The letter says you "may" not be able to re-enter? Sounds a bit odd to me, as the Swiss don't like ambiguity and I'd think the letter would say something more definitive.

It's too bad you didn't find us sooner. You'd have seen that it is not advised to come here as a tourist and try to get a permit from here. It almost never works as planned and you run out of the 90 days. When you enter as a tourist, you're basically declaring your purpose is a short-term visit. If you then turn around and request residency you're sort of saying you entered under false pretenses. The authorities can be real sticklers for details and make you jump through lots of hoops. Good luck!
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Old 21.12.2014, 16:24
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Re: Sejour Aupres du Concubin and Customs

Unfortunately the Vaud office is giving you incorrect advice. It doesn't matter what type of permit you may get, if you want to enter Switzerland for more than 90 days at a time you must apply for a Type D visa. It is quite clear here:

https://www.bfm.admin.ch/bfm/en/home...rigkeit/u.html

and here:

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



"Upon arrival in Switzerland, family members must present the following documents:
  • Valid ID card or passport,
  • Visa if applicable,"
The cantonal officials don't always know how things should work I'm afraid. The way you should have done all this is you are in the States, your fiance is here. He applies for a concubine permit for you while you apply at the nearest Swiss embassy/consulate in the States for your Type D visa. The two will be matched up during the process. If the permit is granted a visa would be issued for you and you'd need to go to the embassy/consulate to get it stamped in your passport. You then have a certain amount of time to enter Switzerland legally and then get your permit.


It's up to you whether you take the risk or not. If the border control stick to the rules you will not be allowed in. They may be kind if you can show them the letters, but there's no guarantee they will be. If you get one who's having a bad day you could risk a fine for your overstay or even a ban on entering the country for at least a year. And that would apply regardless of any subsequent granting of a residence permit.

http://www.euro-dollar-currency.com/...engen_visa.htm
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