Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Reply
 
Thread Tools Display Modes
  #41  
Old 19.07.2008, 14:46
conzb24's Avatar
Newbie
 
Join Date: Apr 2008
Location: schwyz
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
conzb24 has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

I know this is desame with the other, but pls.. I need help, Hi I'm a non Eu citizen and married with a swiss men for 2 yrs, with B permit. Unfortunately we got seperated last year for many reasons... and get together again after 8 moths.. my problem is Now they did not renue my permit for this year.. We went to gemeinde with my husband and asked for a reason, and they reply that it takes a couple of weeks untill I will have it, but until now its already 3 moths; my permit wasn't arrive yet.Do you have any Idea why? DO I need to apply again for a B permit.? pls help me
Reply With Quote
  #42  
Old 19.07.2008, 21:59
vvv vvv is offline
Member
 
Join Date: Jun 2008
Location: Baden
Posts: 183
Groaned at 1 Time in 1 Post
Thanked 27 Times in 20 Posts
vvv has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Are we talking about B permit which is depended on your partner? So if somebody has a B permit from job, then he/she weded to a swiss, then he/she get divoiced, this will no affection to his/her permit B renewed, right? I know my question sounds silly, but just want to confirm as I got confused, it seems no rules about everything.
Reply With Quote
  #43  
Old 20.07.2008, 01:19
Salsa_Lover
Guest
 
Posts: n/a
Blog Entries: 5
Re: Refusal to renew B Permit after divorce?

The B permit is an anually renouvellable permit, that allows you to live and work in Switzerland and it is linked to a cause.

The cause could be
  • studies
  • work
  • marriage
Once the cause you were given the permit is no more existant then the permit expires.

for example
  • If you got the B for studies and your studies are over
  • If you got the B for a work position and you don't work anymore
  • If you got the B for marriage and you divorce.
Reply With Quote
The following 2 users would like to thank for this useful post:
This user groans at for this post:
  #44  
Old 21.07.2008, 19:01
Member
 
Join Date: Feb 2008
Location: Olten, Switzerland
Posts: 185
Groaned at 1 Time in 1 Post
Thanked 19 Times in 16 Posts
warlock79 has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Quote:
View Post
I know this is desame with the other, but pls.. I need help, Hi I'm a non Eu citizen and married with a swiss men for 2 yrs, with B permit. Unfortunately we got seperated last year for many reasons... and get together again after 8 moths.. my problem is Now they did not renue my permit for this year.. We went to gemeinde with my husband and asked for a reason, and they reply that it takes a couple of weeks untill I will have it, but until now its already 3 moths; my permit wasn't arrive yet.Do you have any Idea why? DO I need to apply again for a B permit.? pls help me
Good Day,

Actually you should enquire with the gemeinde authorities for you permit. I think, they are having some sort of suspicion that, you are into some sort of arrangement with your partner so that you get to stay in Swiss. This might be one of the reason why your permit is getting delayed...

Regards,

Sam
Reply With Quote
  #45  
Old 25.07.2008, 10:40
Newbie
 
Join Date: Jul 2008
Location: Zurich
Posts: 1
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
ineed has no particular reputation at present
separation possible?

hi.. im from a non-EU country and have been married to a swiss almost 1 year. we have a son together who will be starting school soon. once he starts school i will be strating work. our marriage is on the rocks and it doesnt seem that its going to work. my question is if once i find a job, is it possible for me to live here seperately but not divorced from my husband? I have B-PERMIT and my son the C-PERMIT.
Reply With Quote
  #46  
Old 25.07.2008, 10:58
crimsond's Avatar
Newbie 1st class
 
Join Date: Jul 2008
Location: Zürich
Posts: 15
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 2 Posts
crimsond has no particular reputation at present
Re: separation possible?

A friend of mine was living separate from the husband and forking as self employed for almost before divorce was finalised. The big question is if your current husband is ok with this situation. Because if he is not, and you are not employed after divorce then you'll find yourself in some problems afterwards. Of course you have a right to deny his application for divorce but that would mean a case in court with substantial expenses.
Reply With Quote
  #47  
Old 28.07.2008, 14:15
Newbie
 
Join Date: Jul 2008
Location: Oberaarau
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Raj0081 has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Quote:
View Post
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
Hi Sam,

I am really sorry to heir all the sorties here especially for you.
Bcoz I am in an exact situation as you. I am married a Swiss woman for 2 & 1/2 years and thinking to separate now. I am of cource in a very good position in a very known company (one of 3 biggest companies in Swiss) So I am planning to apply for the work permit through my employer.

Since you started this process few months ago can you give me an update what’s going on now? Did you face any difficulties through the process?

Many thanks and Regards
Raj
Reply With Quote
  #48  
Old 28.07.2008, 22:06
Member
 
Join Date: Feb 2008
Location: Olten, Switzerland
Posts: 185
Groaned at 1 Time in 1 Post
Thanked 19 Times in 16 Posts
warlock79 has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Hai Mr. Raj,

Thank you for the message. At last by grace of God, I got my B- permit on the basis of job here. The whole process took around 4 months. This was NOT that easy.. It was a real battle. I had dealt with around 5-6 "amts" at the same time. In your case, I have a suggestion. Please try to bare with your spouse for another 6 more months and you will not have any problems in visa renewal once you have successfully completed 3 years of marriage. Otherwise, you will have to choose the hard way.

In my case, I have involved a lawyer both for the divorce and migration procedures. Lawyers here in Swiss are F****** expensive, but neverthless, my lawyer has guided me the right way to obtain an independant B- permit. But that was like a gamble and I WON..

If you choose the hard- way, then I will give you a guideline for the whole process. But remember, once you are here in Swiss, divorced, you will be paying your wife till she finds a job. If you have a kid, then the payment line is over 20 years or **** like that. I was really lucky that my ex- wife has agreed for a mutual understanding divorce..which means I have to just pay her for another 6 more months and we are done.

Any way, choice is yours.. try to be with her for 6 more months... The other alternative is VERY hard (but still worth to give a try) & no guarantee.

Hope to hear from you soon.

Regards,

Sam
Reply With Quote
  #49  
Old 28.07.2008, 22:11
Member
 
Join Date: Feb 2008
Location: Olten, Switzerland
Posts: 185
Groaned at 1 Time in 1 Post
Thanked 19 Times in 16 Posts
warlock79 has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Quote:
View Post
Are we talking about B permit which is depended on your partner? So if somebody has a B permit from job, then he/she weded to a swiss, then he/she get divoiced, this will no affection to his/her permit B renewed, right? I know my question sounds silly, but just want to confirm as I got confused, it seems no rules about everything.
Good VVV,

Dont worry, if you have a B- permit on the basis of job, then there is NO problem at all when you are married to Swiss and afterwards divorced or separated. They dont care about all these stuffs. All they care is the reason of stay in Swiss, which of course is the B-permit due to job. So go ahead, if you intend to marry a Swiss.

But remember, you need to have a CLEAN record for 10 years to get the C- permit. Clean here means no criminal or defaulter records. This has nothing to do with marriage.
I hope your confusion is cleared.

Regards,

Sam
Reply With Quote
  #50  
Old 28.07.2008, 22:19
Member
 
Join Date: Feb 2008
Location: Olten, Switzerland
Posts: 185
Groaned at 1 Time in 1 Post
Thanked 19 Times in 16 Posts
warlock79 has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

To all members,

I finally got my independant B- permit on the basis of employment. The whole process took 5 months (RISKY but worth) giving a try.

I had to deal with around 5-6 "amts" at the same time. In my case, I involved a lawyer as well for the migration process (NOT THAT CHEAP).

Thank you all....

Best Regards,

Sam
Reply With Quote
  #51  
Old 28.07.2008, 22:25
Forum Veteran
 
Join Date: Dec 2005
Location: ZH
Posts: 1,183
Groaned at 15 Times in 13 Posts
Thanked 77 Times in 72 Posts
danny has earned some respectdanny has earned some respect
Re: Refusal to renew B Permit after divorce?

Quote:
View Post
To all members,

I finally got my independant B- permit on the basis of employment. The whole process took 5 months (RISKY but worth) giving a try.

I had to deal with around 5-6 "amts" at the same time. In my case, I involved a lawyer as well for the migration process (NOT THAT CHEAP).

Thank you all....

Best Regards,

Sam
-------

Actually the company pays for the costs involved in getting a B permit...
Reply With Quote
  #52  
Old 29.10.2008, 17:38
copes's Avatar
Member
 
Join Date: Aug 2008
Location: Versoix
Posts: 102
Groaned at 2 Times in 1 Post
Thanked 46 Times in 21 Posts
copes has slipped a little
Re: Refusal to renew B Permit after divorce?

Hypothetical question:

My wife is Swiss, and our two boys (youngsters) hold swiss nationality too. I am South African, have been married for ten years to my wife but have been in and out of the country. We have recently returned and I missed out on the chance (my mistake, didn't apply before we moved to South Africa for three years) to get a swiss passport. I now hold a B. What happens to me if we were to divorce/seperate now. Would I be hoofed out of the country?!
Reply With Quote
  #53  
Old 29.10.2008, 18:16
Forum Veteran
 
Join Date: Dec 2005
Location: ZH
Posts: 1,183
Groaned at 15 Times in 13 Posts
Thanked 77 Times in 72 Posts
danny has earned some respectdanny has earned some respect
Re: Refusal to renew B Permit after divorce?

Quote:
View Post
Hypothetical question:

My wife is Swiss, and our two boys (youngsters) hold swiss nationality too. I am South African, have been married for ten years to my wife but have been in and out of the country. We have recently returned and I missed out on the chance (my mistake, didn't apply before we moved to South Africa for three years) to get a swiss passport. I now hold a B. What happens to me if we were to divorce/seperate now. Would I be hoofed out of the country?!
------

It would really depend on what the residence requirements are...obviously you have met the married for 3 years requirement. Most countries in Europe have a residence requirement...only the authorities can tell you what the residence requirements are in Switz.
Reply With Quote
  #54  
Old 22.03.2016, 00:29
Newbie 1st class
 
Join Date: Jan 2016
Location: Zurich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
boobookitty has become a little unpopularboobookitty has become a little unpopular
Re: Refusal to renew B Permit after divorce?

Hello I just got a question, my swiss partner and i decided to divorce, for we just didnt click after years of marriage, I am married since 4 years soon will be 5 years this october 2016.. I want to live here for good but i still have b permit. Will they kick me out of the country if we divorce?
Reply With Quote
  #55  
Old 22.03.2016, 06:35
Forum Veteran
 
Join Date: Dec 2012
Location: Aargau
Posts: 1,922
Groaned at 12 Times in 11 Posts
Thanked 2,338 Times in 1,111 Posts
Mullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond repute
Re: Refusal to renew B Permit after divorce?

Quote:
View Post
Hello I just got a question, my swiss partner and i decided to divorce, for we just didnt click after years of marriage, I am married since 4 years soon will be 5 years this october 2016.. I want to live here for good but i still have b permit. Will they kick me out of the country if we divorce?
Possibly. A thread at Beobachter discussed this. Briefly, a separation/ divorce of a registered partnership runs similar to a marriage. With a B permit you will not have a right to continued residence in Switzerland because the four-year registered partnership was too short:

"Eine Trennung/Scheidung läuft bei eingetragenen Partnerschaften im Grossen und Ganzen gleich wie bei Ehen ab.

Mit deiner Aufenthaltsbewilligung B dürftest du nach einer Scheidung kein Anrecht mehr auf den Aufenthalt in der Schweiz haben. Die Partnerschaft war zu kurz und nicht lebensprägend. Näheres bringst du beim zuständigen Migrationsamt in Erfahrung."

http://www.beobachter.ch/foren/ueber...nt-wie-weiter/
Reply With Quote
This user would like to thank Mullhollander for this useful post:
  #56  
Old 22.03.2016, 07:28
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery, but not the SoT one
Posts: 18,267
Groaned at 303 Times in 235 Posts
Thanked 13,448 Times in 7,711 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: Refusal to renew B Permit after divorce?

Also this link for divorce on the ch.ch website.

https://www.ch.ch/en/right-to-reside...th-or-divorce/

Not only years of marriage count, but also how successfully integrated you are.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #57  
Old 22.03.2016, 21:50
dbgeneva's Avatar
Newbie
 
Join Date: Jun 2010
Location: Geneva
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
dbgeneva has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Hi everyone,

I see that this post dated many years ago but I'm still hoping that someone would answer my question.

I have been living in Switzerland on permit B since 2009 and got married to a Swiss in 2012. Unfortunately, I had to leave my husband due to DOMESTIC VIOLENCE early 2015. My last B permit expired September last year. Under the court, we are separated under the "mésure protectrice de l'union conjugal".

I received a renewal form for my permit last August and until now I don't have my permit. The last news I got from the OCPM is that they sent my file to Bern.

I was thinking it might be because I might qualify to have the C permit already. Though I haven't applied in particular (unless it's automatic).

Additional info: I am under the care of the hospice general after the violence.

Questions:
  1. On a status of separated under "mésure protectrice de l'union conjugal", am I still considered married under the law and still qualify for the 3year period of marriage to qualify for a C?
  2. Why did they have to send my file to Bern?
  3. Is it normal to be waiting for 6 months already?
  4. Is it possible that they will deny a new permit for me even if my case is still on the process?
Thank you so much for any info.
Reply With Quote
  #58  
Old 22.03.2016, 22:14
Forum Veteran
 
Join Date: Dec 2012
Location: Aargau
Posts: 1,922
Groaned at 12 Times in 11 Posts
Thanked 2,338 Times in 1,111 Posts
Mullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond repute
Re: Refusal to renew B Permit after divorce?

Questions:
  1. On a status of separated under "mésure protectrice de l'union conjugal", am I still considered married under the law
  2. and still qualify for the 3year period of marriage to qualify for a C?
According to the linked website below:
"Legal effects of separation
Spouses living separately are still seen as married in legal terms."

"Important aspects for binational couples
With binational marriage, the national of a third country has a right of residence as part of family reunification; in the first years of marriage, this is a residence permit B. After 5 years the spouse of a Swiss national or a foreigner with a permit C has a right to a permit C and can submit a request for simplified nationalization.

The Aliens Act (AuG) issues or extends the residence permit for non-Swiss spouses from third countries only if the married couple lives together (art. 42 AuG).

Consequently, for concerned parties as defined by art. 42 AuG (cohabitation requirement), the provision on residence becomes problematic in the case of separation. Under art. 49 AuG, "good cause" may exempt the married couple from the cohabitation requirement. Professional obligations and significant family problems are recognized as good cause. However, a prerequisite is that the marriage not yet have definitively failed (e.g. if the couple attends family counselling or marriage therapy).
If the marriage has lasted at least three years and successful integration exists or there are significant personal reasons (marital violence, impossibility of social reintegration into the country of origin, and the like), the residence permit can be extended even in the absence of cohabitation (art. 50 AuG)."

http://binational.ch/en/?Separation_..._of_separation
Reply With Quote
  #59  
Old 22.03.2016, 22:56
dbgeneva's Avatar
Newbie
 
Join Date: Jun 2010
Location: Geneva
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
dbgeneva has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

Thank you so much Mullhollander!
Reply With Quote
  #60  
Old 10.03.2017, 11:06
Newbie
 
Join Date: Mar 2017
Location: N/A
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
venuss has no particular reputation at present
Re: Refusal to renew B Permit after divorce?

HI kindly please advice me some valuable info.If can exact info. Becoz i'm getting complicated infos from official sources like internet,commune,by direct info etc

Actually im from french canton.asian coutry of orign. Got married to a swiss in feb 2014 in my country.migrated here mars 2015. I m not expert in my field of work.we are going to separate by end of month.

1)that mean our marriage lasted 2 years or 3 years ? of course im here with her from 2015 mars

I dont have a job a yet.i registered with ORP (Employment service )But they dont pay any money as never worked before in swiss. But they sent internship,missions in my field of work also french classes they paid those travel expenses and food (Minimum).Everything I succeed well and keep improving
french level of B1 - B2 ,I got 4 certification in my field ..more than they expert.they well satisfied with my performance .I'm keep improving.
I made job applications every month 25 - 30 applications per month.
I had 15 over interviews various enterprise during 2 year.
But unfortunately i couldn't have job due im not french native speak.Some enterprise politique ..they prefer European guy or permi C or at least i lived here for 3 years etc....but I'm keep hunting for a job maximum i can. I even applying jobs out of my field now. like.restaurants etc...

my permit b valid till 2018 mars as i got 2 years extension last year.

2)what is effect on my permit b after separation? as jobless status till date.


3) divorce or separation make any difference on my residential status ?

4) our Lowyar said i can work if i find so ..during the process of separation or divorce ? is that true ?till my permit b valid ?

5)local office of population saying i can stay up to mars 2018 even after divorce or separation decision come out is it true ?

6)other consulting services like binational.ch saying may be not sure ..they might notify u even before hearing in the court / even before decision coming i suppose to leave ....better have own job then u can survive till you indipendant etc?
but our common lowyar saying dirvoce process take 4,5 months so till hearing come to court i have to be in the country etc ..is it true ? if go by sepration its take bit longer (extra cost also) there are 2 hearing.so I have to wait for those 2 hearings (1st separate hearing then divorce hearing ) is it true ?
other free consulting services like binational.ch saying no service de population dont accept fact that you have to wait for hearing...official documents can be send by post etc..(.confusing..!!!)

7)(just for info and knowledge)what happen if only my partner reporting for separation (Not actually because we are doing with mutual understanding)..that case as i know thats take 2 years..so that 2 years i can stay here ? i can work ? if i have one ? or even that case also i have to leave the country if im not working or doing official small jobs and interdependent

8) Just with small hope ...
Im asking this final question

Is that they will consider my french level and my successful process in unpaid internships and mission all my 4 5 certification ...and allow me to stay till 2018 then by the time of renewal if i have a full time job in my field my permit b is extendable ? (Yeah as i found here its really depend on employer etc..complicated. immigration look why should i need to work them etc .is dat im spcialist etc.? .(actually im in IT support lines so i dont think with in year i can make or dont know) .is it till true ?)

Thank you so much for provide more valuable info..i really appreciate your quick reponse..if i have further question i will write here..please advice..?
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
Work Permit for UK Citizen m9rke Permits/visas/government 10 22.01.2009 22:22
Spousal B permit questions evilshell Permits/visas/government 20 13.10.2008 16:59
Who does the work permit belong to? happyfeet Permits/visas/government 3 30.11.2006 00:44
L Permit to a B permit - Unmarried UK couple telandy Permits/visas/government 3 25.10.2006 16:52
Leaving CH but keeping permit - what do I still need to pay? Gav Permits/visas/government 11 25.08.2006 14:18


All times are GMT +2. The time now is 12:24.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0