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  #21  
Old 04.02.2007, 15:42
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Re: Refusal to renew B Permit after divorce?

On the positive side, compared to ZH, in SZ it is relatively easy to get permits even under the quota system.

Daniel
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  #22  
Old 07.02.2008, 15:16
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Re: Refusal to renew B Permit after divorce?

Hello All,

I am married to Swiss for 2 years. I am an Indian. Not yet divorced. But now on the verge of a divorce. Since one month we are living separately. The thing is that, my B- Ausweis is from Bern and I work in St Gallen. I have a wochenaufenthalt in St. Gallen. So last week my wife has informed the Einwohneramt in Bern that I am no more staying with her and we might get divorced. So these guys from Bern called me and told me that I must abmelden in Bern and anmelden in St. Gallen. When I enquired here in the einwohneramt St. Gallen for a kantons wechsel, they told me to first abmelden in Bern and together with the sozialauszug, betreibungsauszug (from Bern), submit the B1 formular here in St Gallen.

The problem is I am now having the status "getrennt leben" & not divorce. So these guys in St Gallen told me that, they have to send all these documents to Auslanderamt for approval. I am employed in a software company in SG since one year. The company is ready to give me any letter to strengthen the process of obtaining a B- Ausweis thru company sponsorship.

Can anyone comment about my chances??? Will it be diffuclt for me to get a B- Ausweis.

Please Advice

Sam
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  #23  
Old 13.04.2008, 03:51
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Re: Refusal to renew B Permit after divorce?

I am also in a more or less similar situation. I have been married to a Swiss since 2005 May. My current B permit expires in end June 2008. Its just short of 3 years before my permit is due. However things got bad and intolerable that I have had to move out of the house to a separate residence in the same area. Informed the Gemeinde, Social Dienst etc. I was working right up to January this year for an international firm. My job ended due to restructuring. I am to receive Unemployment benefit in the meantime which is still under review. I am worried about my permit renewal. My separation is a ^trennung auf zeit^^ meaning separation for a time to see if things get better when we are apart.
On the other hand I do worry abit about the renewal of my permit. Given the fact that I will be dependent on my employment benefit (its valid for 2 years) and not really living in the same space with my husband anymore - what are the chances that I will not have troubles getting the further 2-years renewal to make it a total of 5-years at end of 2010.
Some helpful info will be appreciated.
Thanks all.
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  #24  
Old 13.04.2008, 10:21
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Re: Refusal to renew B Permit after divorce?

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Hello All,

I am married to Swiss for 2 years. I am an Indian. Not yet divorced. But now on the verge of a divorce. Since one month we are living separately. The thing is that, my B- Ausweis is from Bern and I work in St Gallen. I have a wochenaufenthalt in St. Gallen. So last week my wife has informed the Einwohneramt in Bern that I am no more staying with her and we might get divorced. So these guys from Bern called me and told me that I must abmelden in Bern and anmelden in St. Gallen. When I enquired here in the einwohneramt St. Gallen for a kantons wechsel, they told me to first abmelden in Bern and together with the sozialauszug, betreibungsauszug (from Bern), submit the B1 formular here in St Gallen.

The problem is I am now having the status "getrennt leben" & not divorce. So these guys in St Gallen told me that, they have to send all these documents to Auslanderamt for approval. I am employed in a software company in SG since one year. The company is ready to give me any letter to strengthen the process of obtaining a B- Ausweis thru company sponsorship.

Can anyone comment about my chances??? Will it be diffuclt for me to get a B- Ausweis.

Please Advice

Sam
For:

Your new employer is willing to support you
You are gainfully employed

Against:

Length of time of the marriage

No-one can tell you the outcome with any degree of confidence because much is open to interpretation by the authorities.

My gut feeling, for what it's worth, is you'll be ok.


[edit] By the way, please avoid posting in English+German combination
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  #25  
Old 13.04.2008, 10:25
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Re: Refusal to renew B Permit after divorce?

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I am also in a more or less similar situation. I have been married to a Swiss since 2005 May. My current B permit expires in end June 2008. Its just short of 3 years before my permit is due. However things got bad and intolerable that I have had to move out of the house to a separate residence in the same area. Informed the Gemeinde, Social Dienst etc. I was working right up to January this year for an international firm. My job ended due to restructuring. I am to receive Unemployment benefit in the meantime which is still under review. I am worried about my permit renewal. My separation is a ^trennung auf zeit^^ meaning separation for a time to see if things get better when we are apart.
On the other hand I do worry abit about the renewal of my permit. Given the fact that I will be dependent on my employment benefit (its valid for 2 years) and not really living in the same space with my husband anymore - what are the chances that I will not have troubles getting the further 2-years renewal to make it a total of 5-years at end of 2010.
Some helpful info will be appreciated.
Thanks all.
Best advice would be to find another job while the trial seperation is underway and before an actual divorce. If this isn't possible then until you get a decision about unemployment benefits it's diffiuclt to say what will happen.
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  #26  
Old 13.04.2008, 10:44
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Re: Refusal to renew B Permit after divorce?

To Dazed and Warlock79, I have no advice to offer, but will only say good luck to both of you and I hope things will work out in your favor.
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  #27  
Old 13.04.2008, 11:57
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Re: Refusal to renew B Permit after divorce?

Dazed,
You will need to find a job that you can be confident of keeping. Then you need to make sure divorce will not be filed before you get your C permit, otherwise, you can be sure of getting your permit taken away.
Good luck.
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  #28  
Old 13.04.2008, 12:31
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Re: Refusal to renew B Permit after divorce?

Good luck to your permit and I disagree you "P.S."

I guess whenever a relationship is gone, just let it go. Don't try to "extend" the relationship because of the permit. It doesn't worth....
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  #29  
Old 13.04.2008, 12:46
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i need clear up about my marriage

Hi every one, i am from non Eu country. i come here as asyl. then i meet my wife after two years and we got married in april 2005. this means that i am here in the switzerland about 5 years and 3 years married. i have been working since i got married and i pay tax and all others bills such apartment, insurance and etc.
But the problem starts my wife does not want to be with me no more because i dont get well paid in my job and she as moved to another flat but we still married and she wants a separation or divorce. and i dont know how it can affect my residency status. because i renew my B ausweis every year. what should i do to be entitled for C ausweis or swiss pass ?
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  #30  
Old 13.04.2008, 13:23
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Re: i need clear up about my marriage

Do you (BAFVIEW) have official asylum status?
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  #31  
Old 13.04.2008, 13:27
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Re: i need clear up about my marriage

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Do you (BAFVIEW) have official asylum status?
no, i am not longer asyl since i have married schweis
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  #32  
Old 13.04.2008, 15:59
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Re: i need clear up about my marriage

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what should i do to be entitled for C ausweis or swiss pass ?
Reside for ten, respectively twelve years in Switzerland. As long as you have a job generating sufficient income to support yourself your B permit should not be revoked.
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  #33  
Old 13.04.2008, 16:04
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Re: i need clear up about my marriage

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Reside for ten, respectively twelve years in Switzerland. As long as you have a job generating sufficient income to support yourself your B permit should not be revoked.
and after 5 years will i be able to get my c permit ? even being separated or divorced ?
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  #34  
Old 13.04.2008, 17:50
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Re: i need clear up about my marriage

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and after 5 years will i be able to get my c permit ? even being separated or divorced ?
The civil status has no bearing on the C permit. I do not know however whether the years spent as an asylum seeker count towards the C permit. I wouldn't be surprised if they do not...
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  #35  
Old 13.04.2008, 17:54
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Re: i need clear up about my marriage

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The civil status has no bearing on the C permit. I do not know however whether the years spent as an asylum seeker count towards the C permit. I wouldn't be surprised if they do not...
Yes , I believe it does not count .
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  #36  
Old 14.04.2008, 00:50
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Re: Refusal to renew B Permit after divorce?

Yeah, Joeyying is right, no need to keep extending a relationship gone bad in order to get permit extension. Its like signing a pact with the devil to rent a space in hell. On the other other hand there is always the fear of the unknown by walking out from it all I guess.
I am just wondering if i do not still get a job before my permit time is up, whether the fact that I will be receiving my Unemployment benefit (still under review) can save my situation to stay on here while separated for at least the next two years. For some reason my permit was issued for 1-year after marriage then for a further 2-years so I am assuming the next renewal would also be 2-years, Thus completing a total of 5-year before the C. Is this usual by the way to get the permit B issued in blocks of 2-years? don kno....

D.
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  #37  
Old 25.04.2008, 10:26
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Re: Refusal to renew B Permit after divorce?

Quote:
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For:

Your new employer is willing to support you
You are gainfully employed

Against:

Length of time of the marriage

No-one can tell you the outcome with any degree of confidence because much is open to interpretation by the authorities.

My gut feeling, for what it's worth, is you'll be ok.


[edit] By the way, please avoid posting in English+German combination
Good Day,

Thanking you for the post. I have already started the procedure of getting a work permit through the company. The process is little bit complex. In order to better understand the procedure, I have involved a lawyer as well. My lawyer told me that, there are chances (for technical professionals). But this is not guaranteed because Switzerland is NOT an immigration country.

Now, my work permit application is with the the "Office for Economics" in St. Gallen. They already asked the HR of my company confirming the neccesity & importance of keeping me in the company. The authorities here require a proof from the company stating that the company was not successful in finding a replacement for me in the whole EU. Once they are able to provide this proof, then there is a good chance that I get the work permit. Once this process is complete, the authorities here decide based on my years of professional experience and educational background.

The whole process is complicated. I really dont know how much are my chances. But still hoping for the best.

Good luck to all..

Sam
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  #38  
Old 25.04.2008, 11:00
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Re: Refusal to renew B Permit after divorce?

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Yeah, Joeyying is right, no need to keep extending a relationship gone bad in order to get permit extension. Its like signing a pact with the devil to rent a space in hell. On the other other hand there is always the fear of the unknown by walking out from it all I guess.
I am just wondering if i do not still get a job before my permit time is up, whether the fact that I will be receiving my Unemployment benefit (still under review) can save my situation to stay on here while separated for at least the next two years. For some reason my permit was issued for 1-year after marriage then for a further 2-years so I am assuming the next renewal would also be 2-years, Thus completing a total of 5-year before the C. Is this usual by the way to get the permit B issued in blocks of 2-years? don kno....

D.
Hai Dazed..

Actually, there is no more of this 5 year stuff. Its now changed to 3 years of successful married relation. I have enquired at the Immigration office in St Gallen. Once someone is married to a Swiss for 3 consecutive years, then there is no problem in staying in Swiss when a divorce happen after 3 years. After the divorce, and after 2 years then you get the citizenship. Before it was 5 years of successful marriage. Now the law has changed.

But bare in mind, THIS IS NOT APPLICABLE FOR SOMEONE WHO IS SEPARATED before 3 years of marriage. Especially when your Swiss spouse already contacted the Kanton & mentioned the marital separation. This actually happened in my situation. I needed 6 more months to complete the 3 year period. But before that, my wife already notified the Kanton Bern. This is more like a black mark.

I really dont know about your unemployment benefits. Its better that you consult a lawyer "Ausländer recht". But bare in mind, THEY ARE EXPENSIVE & Bas*****. They can really guide you the whole process. My B- Ausweis expires on 20th June 2008.

I have already started the procedure of getting a work permit thru employer. This procedure is bit complicated, as these guys here really require a strong support from the employer to issue the work permit. As this procedure (work permit drama) can take min 2-3 months, I got a special consideration from Kanton Bern that, I can still get a probationary extension of my B-Ausweis in case the St. Gallen authorities are not able to give me a feedback before 20th June 2008. This probationary period may vary from 3 to 6 months. This was actually done thru my lawyer.

Hope this is informative enough. Please feel free to ask me if you have any queries. I exactly know the whole process as I have enquired the whole stuff thoroughly.

Good Luck..

Sam..
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  #39  
Old 27.04.2008, 16:05
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Re: Refusal to renew B Permit after divorce?

Yes, thanks for sharing the info Warlock79. I would be interested to hear/learn more from your knowledge and experience in this matter i.e: separating before 3 years are over. I am now on ALV and attending a RAV sponsored Kurs from May, 2008 I am just wondering if this can support my renewal of residency here if my husband did actually tell them I have moved out of the matrimonial home. In a way I still feel I have to be under his mercy. I tried to engage a lawyer in Zurich he was too d...n*expensive. The free once give you a 15 min. time and I tried them once and felt even more helpless than before...
You can also PM me if ok...
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  #40  
Old 28.04.2008, 21:17
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Re: Refusal to renew B Permit after divorce?

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Yes, thanks for sharing the info Warlock79. I would be interested to hear/learn more from your knowledge and experience in this matter i.e: separating before 3 years are over. I am now on ALV and attending a RAV sponsored Kurs from May, 2008 I am just wondering if this can support my renewal of residency here if my husband did actually tell them I have moved out of the matrimonial home. In a way I still feel I have to be under his mercy. I tried to engage a lawyer in Zurich he was too d...n*expensive. The free once give you a 15 min. time and I tried them once and felt even more helpless than before...
You can also PM me if ok...
Hai Dazed..

You can call me Sam.. If you complete a succesful three years of marriage (without divorce or separation), then there is no problem for you to stay here in Swiss. This means, when you get divorced after 3 years, there is no problem in renewing the B- Ausweis. Before this three years, if something unexpected happens, and if your partner didnt mention the separation status in the Kanton, there are still hopes. This is possible, if you both are in the same Kanton. If you live in some other kanton, then the process gets more worse, you need to Abmelden from your previous Kanton and Anmelden in the current Kanton. I hope you both live in the same kanton. If not, I will elaborate on this matter later.

I didnt understand this ALV. What is it exactly? The Swiss immigration authorities check the reason why you are in Switzerland. You are here because of your husband. So, if you are enrolled in this so called course and your husband has already mentioned the separation, then the chances of getting the B- permit renewed is not that high. The educational permit is NOT B-permit. Its something else. Once you complete the course, then you may have to leave Switzerland.

But again, its all upon your husbands mercy. I really dont know what happened in your life. It would be really nice if you could request an amicable solution with your husband. But if he is a gringo, then the only way you can stay here in Swiss is through employment. This employment stuff has hell lotta hazzles. They should really go in battle against the Swiss immigration authorities in order to issue a work permit for you on the basis of employment.

If you dont have a job, THEN FORGET ABOUT LAWYER. A lawyer is mainly required when there are some financial obligations to be taken care of. My bugger charges around CHF 300 for an hour. All you can do is, call your kanton and ask them when you should renew your current B-permit. Just ask them casually as if nothing happened. Dont mention anything about your current situation. If they say some crap, then, you can be sure that your husband has already mentioned the separation.

I hope everything goes good with you. I can PM you, if you could give me your private contact.

Kind Regards,

Sam
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