Hello,

Here is the question:
Can the spouse of a non-eu B permit holder who has applied in their home country for a resident visa, then enter Switzerland while the visa is in process?

Sorry if this is a little repetative but I'm having trouble finding a clear answer to my problem, especially as I was told there have been changes since January 1 2008. Also, I'm sure there are many other people in this situation so hopefully this thread will be helpful.
The story:
I am Australian and my partner is also Australian. We are not married (yet) and I joined him here in Switzerland in April as a tourist (3 months in 1 month out etc). The information he was givn by his employer was:

1) I should come to Switzerland and apply in person for a residents permit;
2) we don't have to be married.
Wrong!

We applied for the permit and 2 months later received a letter telling me I can only apply from Australia, therefore I must leave. To cut a long story short (any many trips to the immigration office) this is my current situation:
1) we are going back to Australia to be married (trying to get a residents permit and not being married appears to be impossible);
2) I will cancel the current application fo rmy permit here in Switzerland and visit the embassay in Australia after we ar emarried and put in a new application.

All good! We didn't want to get married in such a hurry but the Swiss will really only accept a marriage certificate.

But then, I was told I cannot enter Switzerland while the visa is being considered, this could take up to 5 months! Help! I have no where to live, and do not want to spend so long away from my partner, living like a gypsy somewhere. If the permit is granted I need to pick it up in person from the Australian embassy and then enter Switzerland. The advice from my partner's employer is to enter Switzerland unofficially while waiting for the permit and hope they don't find me.....that worries me a lot.

I read the thread posted by Dawn(?) the South-African example, and that would be great way to go but I don't think the Swiss embassy in Australia will cooperate (which is a shame as it is a long way to keep going back to Australia and very expensive) and i'm worried about entering Switzerland unofficially.

Sorry this post is so long, but if there is anyone in a similar situation that has been through this process perhaps you could help me out?

Yours hopefully,

Lemur

I am assuming that since you mention 'spouse', we are talking about a Dependent Residence Permit.
The simple answer is No. Multiple visa processing is not allowed in Switzerland. While the dependent visa is being processed for someone, it is not allowed to process any other type of visa for that person.

I understand your worry, but there seems to be no other way.
Sorry to disappoint.

You can't enter Switzerland while the visa is being processed but you can be issued a fiance visa, which would enable you to enter Switzerland, marry here, remain in Switzerland, and then apply for the recidence permit from within the country. That can of course only help you gain a few weeks of time, don't know if this is of any help in your situation.

Thanks for the replies - I pretty much suspected I couldn't come back into Switzerland which leave sme with a big problem of where to go and how to live. As to the fiancee visa, we are rather committed to marrying in Australia....and the families would never forgive us if we didn't!

It's a difficult situation and I'm very angry that I was given the wrong advice in the first place ie. to come to Switzerland and then apply.

hello, i cant help you with the formalities BUT i can assure you you will be fine entering and leaving the country as many times as you like - i am in the same boat except my partner is swiss and we want a visa for us to marry whilst in the country - but its hard!!!
but i have been here a year, moving in and out of the country and not once has there been questions asked. my friend did it for 3 years untill he was ready to get married and i have ALOT more examples - i hope it works out for you :-)

Thanks chedda,

unofficially that is what I have been told, that no one will probably notice, and as we can spend some time together outside Switzerland while the visa is being processed, hopefully it might only be a few weeks, if that - fingers crossed. But I'm glad to hear that it is possible

Hi all! I am in a similar situation where I will have to wait until my visa is processed to join my husband. As others are suggesting to enter Switzerland as a tourist I was wondering how you were able to do this if the embassy has kept your passport for the visa application? How are you travelling back and forth?

For a Non-EU marrying/married to a Non-EU spouse you are *technically* required to apply from outside the country and to not enter the country until your permit is approved.

It is the *employer's* responsibility to lodge your paperwork for a dependent spouse visa. They should know full-well that it's not easy to get in if you are not married. But many employers live in blissful ignorance (they've never been on the other side of the world separated from their fiance because they were told crappy advice)....


I don't think there is an easy way out unless you can land yourself a job and your own independent work permit.

The alternate method (and one which has been used before) is to apply for the fiance permit and do the 'legal' wedding in Switzerland (it's just a registry thing) and then go ahead and organise your 'real' wedding party for Australia at your convenience.

After all, it's just a piece of paper that you need, and you were planning to get married anyway... ???

I guess you are living together and having sexual relations - so what's the big deal about getting the piece of paper signed ???

Can I also suggest that your 'fiance's' employer probably never lodged any paperwork on your behalf anyway ? - they wouldn't have been able to because you are not married...so you arrived as a 'tourist' - are you registered at your local Gemeinde ? - do you have health insurance ??