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-   -   Spouse of an EU citizen (who is non-EU) reunification (https://www.englishforum.ch/permits-visas-government/235765-spouse-eu-citizen-who-non-eu-reunification.html)

bge0 20.06.2015 06:50

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Quote:

Originally Posted by Island Monkey (Post 2407580)
Has your wife's permit been approved, D-visa issued and you are now just waiting a few months for the permit to be issued?

OR

Has her permit not been approved and D visa not issued yet?

If the later she may need to return home to pick up the D visa, it is issued where it was applied for (The U.S.?), then enter Switzerland properly.

We didn't get the D visa believing that 4months would be sufficient time for the permit to arrive. I am not sure about the permit exactly. Will go in and ask. I know for a fact that mine is done though

Sean Connery 20.06.2015 08:12

Re: Spouse of an EU citizen (who is non-EU) reunification
 
why are you complicating this by suggesting she must move?

1. You're EU, she's married to you so she will get a permit
2. The only reason your wife should or must leave is because the authorities say so. They cannot and will not say this in theory because she is classed at EU due to being married to you

Now please go get a bank account so you can have a real problem to ask about ;)

bge0 23.06.2015 08:03

Re: Spouse of an EU citizen (who is non-EU) reunification
 
So went into the canton today. I found out that I will be getting an L permit (weird, because I will be here for at least 3yrs). They also stated that my partner will get the same and that we could get an attestation for her to stay. We weren't able to get the actual attestation turned in as we had a flight out, but will be doing it the upcoming Monday. But that sounds like good news to me!

Does anyone know if the spouse of an EU citizen would get an L work permit, or would it be just an L resident permit (not sure if that is a thing)?

Medea Fleecestealer 23.06.2015 08:12

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Maybe they're just issuing you with an L until you start working? You said you'd already got a B permit so it's bit odd that they changed it as you have an employment contract to start work in a few months.

As your spouse she should get exactly the same type permit as yours so it should include work rights.

bge0 23.06.2015 08:24

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Quote:

Originally Posted by Medea Fleecestealer (Post 2409096)
Maybe they're just issuing you with an L until you start working? You said you'd already got a B permit so it's bit odd that they changed it as you have an employment contract to start work in a few months.

As your spouse she should get exactly the same type permit as yours so it should include work rights.

Sorry, what I meant to say "I thought I got a B permit" (it literally just got mailed out a few days ago, so I have not physically received it & just assumed it would be a B).

Thanks for the info regarding the fact that she will be able to work as well. This is great news! We were under the impression she would just get a residence permit and not be eligible to work!

Medea Fleecestealer 23.06.2015 09:50

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Well, EU spouses do get the same, but as they've issued you with an L it's worth double checking to make sure. It should have "avec activité lucrative" on the back. If it doesn't then it's a residence only to start with. May not be difficult to change if she finds a job, but as a non-EU national with an L it may be difficult to find an employer. There are certain conditions that an employer wanting to hire a non-EU spouse of a non-EU permit holder has to meet, but I don't know if they'd apply to the spouse of an EU national.

If the permit does include work rights then make sure to emphasise that on her CV so employers know she already has the right to work.

Urs Max 23.06.2015 11:47

Re: Spouse of an EU citizen (who is non-EU) reunification
 
EU citizens with an work contract that is unlimited or limited to at least 365 are to get a permit B, according to this overview. OP, perhaps you want to ask back why you didn't get a B permit.

bge0 28.06.2015 23:18

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Thanks everyone for the help. We were able to go in and get an attestation for 25CHF that stated she would be receiving an L permit as well. The OCP agent stated that it would be a resident permit, but she would just have to fill out a form when she finds work. They were also able to provide me with a free D visa on the spot! So great news on that front. Hopefully her finding a job won't be too hard.

Regarding the L vs. B: it has to do with the organization I work with. They generally don't request student type permits I believe and that was the issue. We will be converting the permit to a B when the next renewal (1yr) will come up.

MimusPolyglottos 27.07.2015 23:02

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Quote:

Originally Posted by bge0 (Post 2411729)
Thanks everyone for the help. We were able to go in and get an attestation for 25CHF that stated she would be receiving an L permit as well. The OCP agent stated that it would be a resident permit, but she would just have to fill out a form when she finds work. They were also able to provide me with a free D visa on the spot! So great news on that front. Hopefully her finding a job won't be too hard.

Congratulations to you both, glad everything worked out! I'm now facing a similar situation and was wondering if I could ask you about that D visa?

My husband is an EU citizen and I'm American. He's accepted a job in Switzerland and his employer will begin our joint application for B permits in the next couple of weeks. I can't quite figure out whether I absolutely need to apply for a D visa before entering Switzerland, or if I'll be ok entering as a tourist while we wait for our permits. The 90 day Schengen limit is not an issue, as I have a long term residence permit here in the EU and could return at any time if necessary. So I guess my question is: did anyone ask your wife to produce a D visa at any point during the permit application process? How exactly did you obtain it in the end? Free and on the spot sounds like a great option :) Thanks in advance for your help!

bge0 27.07.2015 23:13

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Quote:

Originally Posted by kcexpat (Post 2425112)
My husband is an EU citizen and I'm American. He's accepted a job in Switzerland and his employer will begin our joint application for B permits in the next couple of weeks. I can't quite figure out whether I absolutely need to apply for a D visa before entering Switzerland, or if I'll be ok entering as a tourist while we wait for our permits. The 90 day Schengen limit is not an issue, as I have a long term residence permit here in the EU and could return at any time if necessary. So I guess my question is: did anyone ask your wife to produce a D visa at any point during the permit application process? How exactly did you obtain it in the end? Free and on the spot sounds like a great option :) Thanks in advance for your help!

When are you planning on coming to CH? I would highly recommend getting your visa beforehand if you have some time. From my personal experience it was really not hard to get the visa (just a VERY long wait time, i.e. an entire day). No one really asked my wife to produce her permit, however if you cross the border once in a while [or travel within Europe] there are checks there. So if your shengin has expired there might be issues. Your case is a little special though since you have EU residency. So not entirely sure what would happen. Probably nothing to be honest.

TL;DR: get your visa if you can. If not apply as soon as you can. Maybe ask the company that is jointly applying for your permits to do it for you during the process.

Good luck!

MimusPolyglottos 27.07.2015 23:28

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Thanks for the info (and super quick reply!). We're planning on coming in late September. I'd definitely go ahead and apply for the D visa if it really only took one day to process, but the application says "Please note that it roughly takes 8-10 weeks before the visa is authorized or refused". Did you apply from within Switzerland? Where did you pick up the visa? According to the application I'd also have to travel to the embassy to apply in person and produce "copies of marriage and birth certificates, issued within the last 6 months", which would take some time to acquire.

bge0 28.07.2015 00:14

Re: Spouse of an EU citizen (who is non-EU) reunification
 
No problem! When I mean it took me a day I meant when I went to the cantonal office here. We applied there and received it there the same day. I already had my L permit at that time so it was pretty easy to do. This is in Geneva, fyi (it's different in different cantons).

The online version might take that long though (8-10 weeks). You should get the marriage and birth certificates and take your submitted application with you to a Swiss consulate where you reside currently (or maybe there is a mail in option?).

Medea Fleecestealer 28.07.2015 08:15

Re: Spouse of an EU citizen (who is non-EU) reunification
 
You'll need those certificates anyway for the permits so you'd better get going on getting them.

I think because you're already in the Schengen area that you won't need a visa, but check with the migration office of the canton you're planning to move to just to be sure. bge0's experience was different because they were coming from outside of Schengen and so the visa was required.

MimusPolyglottos 28.07.2015 08:47

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Quote:

Originally Posted by Medea Fleecestealer (Post 2425178)
You'll need those certificates anyway for the permits so you'd better get going on getting them.

I think because you're already in the Schengen area that you won't need a visa, but check with the migration office of the canton you're planning to move to just to be sure. bge0's experience was different because they were coming from outside of Schengen and so the visa was required.

Thanks for the tip, I'll do that!

About the certificates - do you know if I'll need them to be recently issued? Of course I have copies of those documents at home, but they're all a year old at least. However, when I looked at the application for the B permit in the canton of Geneva (90% sure we'll be living there, though Vaud is still a possibility) it only asks for "Copie de l'acte de mariage pour les conjoints et de l'acte de naissance pour chaque enfant". Thanks again!

Medea Fleecestealer 28.07.2015 09:10

Re: Spouse of an EU citizen (who is non-EU) reunification
 
Check with the migration office to be sure, but they seem to like things that are only 6 months old here.


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