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-   -   Overstaying 6 months on Permit B (Third country nationals) (https://www.englishforum.ch/permits-visas-government/241516-overstaying-6-months-permit-b-third-country-nationals.html)

Mowvich 05.10.2015 23:38

Overstaying 6 months on Permit B (Third country nationals)
 
Hi All,

It's been a while since i posted here....hope everyone is doing good :o

I have a problem cause i left Switzerland for a planned 5 months vacation and family trip on April 2014, i had some family problems back in Egypt and had to cancel my return trip to sort out those problems with my dad and mum, my B permit was due to renew on 30 September 2015....i emailed the OCP in Geneva over 8 times trying to extend my permit renewal or have a return visa with no reply whatsoever.

Now i need to return to Switzerland cause i need to be with my daughter as she really needs me to be beside her + i need to support my ex-wife at this time (as some of you know, i'm legally separated and my daughter is Swiss)

What should be the procedures to return to Switzerland and is there any advice what should i do?

P.S: I have been living in Switzerland since 2005 and never encountered such a problem + i never declared my departure + i still have my entire life back in CH :(

fatmanfilms 06.10.2015 08:01

Re: Overstaying 6 months on Permit B (Third country nationals)
 
Quote:

Originally Posted by Mowvich (Post 2461213)
Hi All,

It's been a while since i posted here....hope everyone is doing good :o

I have a problem cause i left Switzerland for a planned 5 months vacation and family trip on April 2014, i had some family problems back in Egypt and had to cancel my return trip to sort out those problems with my dad and mum, my B permit was due to renew on 30 September 2015....i emailed the OCP in Geneva over 8 times trying to extend my permit renewal or have a return visa with no reply whatsoever.

Now i need to return to Switzerland cause i need to be with my daughter as she really needs me to be beside her + i need to support my ex-wife at this time (as some of you know, i'm legally separated and my daughter is Swiss)

What should be the procedures to return to Switzerland and is there any advice what should i do?

P.S: I have been living in Switzerland since 2005 and never encountered such a problem + i never declared my departure + i still have my entire life back in CH :(

The quicker you turn up the better I would think........once you have been away for 6 months the permit is cancelled in any case.
I don't think emailing was very clever, you needed to show up instead.
If they check up they can see your not in the Shengen area.
FYI a family emergency is not a reason for an extended stay outside CH

Guest 06.10.2015 11:20

Re: Overstaying 6 months on Permit B (Third country nationals)
 
I'm afraid it won't be easy- but due to the need to support your daughter, you may be able to work something out. However, as you don't have a job, how will you be able to support anyone? (apart from emotionally, which is very important too) - and not become a 'burden' for the State? Or do you have a guaranteed job to get back to? Since you left, jobs have become scarcer and more difficut to get, sadly.

Not easy- as I was discussin with a friend last week- this time of being sandwiched beteen trying to support and raise teenager/s and at the same time care for elderly parents abroad. Been there, and it was incredibly wearing- but fortunately I was not the main bread winner- and could afford to give up seniority and then my basic job, to cope. So I truly feel for you.

You say you didn't deregister- but this would have been done automatically after 6 months if the authorities got an inkling you had left. Did you continue to pay for Health Insurance and taxes during that time, and financially support your child? If not- it would have been clear you had left. E-mailing is really NOT the way to deal with such major issues- you have to go and talk to the authorities in person asap. How is your French? Bonne chance.

PS- have you ever been on chômage or social help here in CH? And do you have proof of being financially secure?

Mowvich 08.10.2015 16:09

Re: Overstaying 6 months on Permit B (Third country nationals)
 
Thanks guys for the information, of course i don't have a job in Switzerland now as i have been away for a while but i am a partner a registered joint stock company in Egypt.

I have another question then, my daughter is holding italian nationality too and my marriage is still valid in Italy (Not separated nor divorced), can i maybe claim italian nationality as a parent of an Italian child so i can avoid the hassle of third country national permit procedures & quota?

My daughter is really having hard time now that i am being away from her and i am sure i can get a job upon my return in Geneva….but of course i can't get that if i don't have a permit as me + any employer will hardly go through the hassle of TCN permit procedures :(

st2lemans 08.10.2015 16:20

Re: Overstaying 6 months on Permit B (Third country nationals)
 
Quote:

Originally Posted by Mowvich (Post 2463047)
my daughter is holding italian nationality too and my marriage is still valid in Italy (Not separated nor divorced), can i maybe claim italian nationality as a parent of an Italian child

Only if you actually have Italian citizenship yourself. ;)

Tom

BokerTov 08.10.2015 16:22

Re: Overstaying 6 months on Permit B (Third country nationals)
 
Quote:

Originally Posted by Mowvich (Post 2463047)
I have another question then, my daughter is holding italian nationality too and my marriage is still valid in Italy (Not separated nor divorced), can i maybe claim italian nationality as a parent of an Italian child so i can avoid the hassle of third country national permit procedures & quota?
(

From skimming the official website it doesn't seem possible to acquire citizenship through your daughter (usually it's the other way around) but - if your daughter has Italian citizenship, am I right to assume your spouse has Italian citizenship? If that is the case and you are still legally married, you could apply for citizenship through your spouse. I think you qualify for application 3 years after the wedding if you live abroad (2 years if you live in country).
Not to discourage you, but that route is going to take time - they will want to make sure it is not a scam marriage, and the bureaucracy is loooonnnng.
Nonetheless, might be worth trying.

Good luck!

Mowvich 08.10.2015 16:48

Re: Overstaying 6 months on Permit B (Third country nationals)
 
I just had a call with my most recent employer before i left Switzerland and they confirmed they want me to return back to work with them…..would this facilitate the process?, my main reason for demanding the permit will be family relocation supported by a job offer back in CH….will they treat my case as a totally new case or will they put in consideration my 9 years stay in CH + my Swiss daughter + my ex?

Guest 08.10.2015 17:25

Re: Overstaying 6 months on Permit B (Third country nationals)
 
Yes I am pretty sure this would help hugely- surely all they need to do is apply for your permit on the basis of your job then?

Mowvich 08.10.2015 19:04

Re: Overstaying 6 months on Permit B (Third country nationals)
 
Quote:

Yes I am pretty sure this would help hugely- surely all they need to do is apply for your permit on the basis of your job then?
What i will normally do is demanding the permit on the basis of "Regroupment Familial" as it was before supported by the work job offer from a Big Four, i think this would be the best, i will actually demand a return visa supported by all the above and see if it'll be a bit shorter way to acquire the permit & if they demanded the to go through the entire process again i'll do so by completing the docs….crossing finger this will work out :msnsad:


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