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Old 15.02.2017, 00:11
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Permit for my partner (non-EU)

Hi, dear all,
I am non-EU with a B permit, living/working in CH. Currently we are in the process applying the D visa for my partner to come here to register a partnership with me and also stay here with me. So the documents are still on the way from the Swiss Embassy to the Zivilstandsamt.

At the same time, the Migrationsamt already got the information from the Embassy and sent me a letter with all the required documents (i think these documents are for both visa and permit purposes) as well as a paper with ZEMIS & Kant. Ref. Nr. for my potential partner. I was surprised to the high efficiency they have and of course appreciate that.

But the point is that what this means although I think it's a very positive thing? Does this mean my partner will certainly get a permit, the same as mine - B permit, allowed to find a job without having the non-EU discriminational policy (only hiring you because they cannot find a Swiss/EU; will not be rejected because of no permit)?

Then in addition, I am now living alone in a 1.5 room apartment, and my landlord said it will be ok for 2 to register and he will help me with the statement or new contract. But I just saw one case in this forum was rejected because they had 2.5 rooms for 1 couple+1 kid (they need 3.5 rooms), so I am confused (I also saw number of people-1=required number of rooms). Could someone tell me a bit more detail? or is this to some extent very subjective?

Thanks a lot. Hopefully we can get through everything smoothly.
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  #2  
Old 15.02.2017, 00:32
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Re: Permit for my partner (non-EU)

Based on my experience, your wife should get a B visa like yours.
The authorities will ask to see a copy of your rental agreement and they will check that it fits two people. Probably it may be worth to have a statement ready from the owner to confirm it does fit both you and your wife to go along with the agreement when you will need to show it, to avoid stalling the procedure.

PS: if at all possible, I would look for a bigger place anyway...going to be rough to have two people in a sort of a studio.
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Old 15.02.2017, 00:41
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Re: Permit for my partner (non-EU)

Thanks for sharing the experience.

I think we will find a bigger apartment but not for the moment, we have my address in all the Zivilstandsamt and Migrationsamt documents so I do not think it's convenient to change, but yeah, you are right, we will find a bigger one in the future for sure.
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Old 15.02.2017, 08:50
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Re: Permit for my partner (non-EU)

Yes, it will be the same permit type and allow them to work without having the non-EU hiring hassle.
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Old 15.02.2017, 15:26
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Re: Permit for my partner (non-EU)

Confirming all above and also adding this:

You salary is also important, meaning that it should be enough to cover two people living here without the risk of you becoming dependent on the social help. I guess this is the case for you guys.
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Old 15.02.2017, 16:46
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Re: Permit for my partner (non-EU)

Would also add that we are assuming that by partner you are talking about a spouse of the opposite sex. If you are not married or if your partner is of the same sex as you, the circumstances above do not apply.
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  #7  
Old 15.02.2017, 17:28
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Re: Permit for my partner (non-EU)

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Would also add that we are assuming that by partner you are talking about a spouse of the opposite sex. If you are not married or if your partner is of the same sex as you, the circumstances above do not apply.
What? I read the OP's opening post to mean a registered partnership. From what I can see, nothng anyone's said would change because it's a registered partnership rather than a marriage.

Apartment for 2 - check
Application for family reunion dependent's permit - check
Salary - check
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Old 15.02.2017, 22:47
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Re: Permit for my partner (non-EU)

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What? I read the OP's opening post to mean a registered partnership. From what I can see, nothng anyone's said would change because it's a registered partnership rather than a marriage.

Apartment for 2 - check
Application for family reunion dependent's permit - check
Salary - check
To be frank, I was talking about the same-sex partnership. And we are not allowed to have a partnership in our mother country.
So what would be the difference for same sex partnership here?
I thought all the polices apply to us as well or even easier/better.
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Old 16.02.2017, 08:44
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Re: Permit for my partner (non-EU)

Not many. You can't technically be "married" as the Swiss haven't approved that term for a registered partnership yet and you can't adopt children iirc. But that's about it. Everything else is the same as a hetrosexual marriage.

https://www.ch.ch/en/registered-partnership/

Only thing I can see that maybe should have been done differently is as you're not in a registered partnership yet, your partner/you should have applied for a fiancé permit for them to be able to come here while you're arranging the ceremony. As you're not yet in a registered partnership the family reunification permit application may not work.
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Old 16.02.2017, 09:09
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Re: Permit for my partner (non-EU)

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Would also add that we are assuming that by partner you are talking about a spouse of the opposite sex.
No, we are not. In fact, I normally assume that a partner is of the same sex (unless we are speaking of a business partner).

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If you are not married or if your partner is of the same sex as you, the circumstances above do not apply.
Yes, if not married, otherwise no.

Registered partnerships have the same rights with regards to permits as married couples, only facillitated citizenship is different (currently only for married couples).

Tom
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Old 16.02.2017, 09:38
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Not many. You can't technically be "married" as the Swiss haven't approved that term for a registered partnership yet and you can't adopt children iirc. But that's about it. Everything else is the same as a hetrosexual marriage.

https://www.ch.ch/en/registered-partnership/

Only thing I can see that maybe should have been done differently is as you're not in a registered partnership yet, your partner/you should have applied for a fiancé permit for them to be able to come here while you're arranging the ceremony. As you're not yet in a registered partnership the family reunification permit application may not work.
Thanks. Yes, as I already mentioned in my initial post, we are applying the D-Visa for my potential partner, with all the documents required for his Permit together prepared. The documents are on the way to Zivilstandsamt and we already have a date for the partnership in June in Stadthaus.
But the Migrationsamt is also in the process of approving the D-Visa, and at the same time, they sent me some letters with the ZIMES/Kant.Ref.Nr. for my potential partner as well as asking for my 12-month salary records, the apartment information, insurance prediction for my potential partner. So I assume they are also in the process of considering the permit. After our registration in the Stadthaus, the permit will be issued if everything goes smoothly, I think
So what I was asking was if he will get the same B-Permit as mine (e.g. free to work), or generally/normally speaking.

And also do you guys have any experience regarding going to the Migrationsamt and asking the Officer these questions? Is this a smart action?

Thanks a lot for the help.

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No, we are not. In fact, I normally assume that a partner is of the same sex (unless we are speaking of a business partner).



Yes, if not married, otherwise no.

Registered partnerships have the same rights with regards to permits as married couples, only facillitated citizenship is different (currently only for married couples).

Tom
Thanks, please see my post above. Cheers

Last edited by 3Wishes; 16.02.2017 at 22:40. Reason: merging consecutive replies
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Old 16.02.2017, 09:55
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Re: Permit for my partner (non-EU)

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Thanks. Yes, as I already mentioned in my initial post, we are applying the D-Visa for my potential partner, with all the documents required for his Permit together prepared. The documents are on the way to Zivilstandsamt and we already have a date for the partnership in June in Stadthaus.
But the Migrationsamt is also in the process of approving the D-Visa, and at the same time, they sent me some letters with the ZIMES/Kant.Ref.Nr. for my potential partner as well as asking for my 12-month salary records, the apartment information, insurance prediction for my potential partner. So I assume they are also in the process of considering the permit. After our registration in the Stadthaus, the permit will be issued if everything goes smoothly, I think
So what I was asking was if he will get the same B-Permit as mine (e.g. free to work), or generally/normally speaking.

And also do you guys have any experience regarding going to the Migrationsamt and asking the Officer these questions? Is this a smart action?

Thanks a lot for the help.
Based on all the information given, he should get the same B permit as you.
I do not think asking at your Kreisbüro is a bad idea. Hope all goes well and smoothly.
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Old 16.02.2017, 22:47
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Re: Permit for my partner (non-EU)

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Based on all the information given, he should get the same B permit as you.
I do not think asking at your Kreisbüro is a bad idea. Hope all goes well and smoothly.
Thank you so much for sharing your experience and best wishes. Appreciate that.
Cheers
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Old 17.02.2017, 10:37
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Re: Permit for my partner (non-EU)

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I do not think asking at your Kreisbüro is a bad idea.
Just keep in mind that Kreisbüro may not have ALL the information. Therefore, the Migrationsamt is always a better choice.
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Old 17.02.2017, 19:40
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Re: Permit for my partner (non-EU)

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Just keep in mind that Kreisbüro may not have ALL the information. Therefore, the Migrationsamt is always a better choice.
Thank you all.
Just went to Migrationsamt this afternoon and you guys were right.
My partner will get the same permit as mine, i.e. B (of course dependent on me), and free to work.
Once he arrives, we need to go to Kreisbuero to register him and he will get a temporary permit for the period of preparing the ceremony, then after the Eintragung, we should go to the Kreisbuero again to inform them in order to issue the B Permit.

So I do have another question here: can we get the registered partnership certificate right after the ceremony, then the second day we can just go to the Kreisbuero to register again? Would that be feasible because my partner wants to go back to our home country for 1-2 months to deal with some issues in a couple of days after the ceremony and then come back to CH with the still valid temporary permit?
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Old 17.02.2017, 20:17
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Re: Permit for my partner (non-EU)

From my link:

"•The registrar will issue a deed of partnership, which you will both be asked to sign. You will then be given a registered partnership certificate. In some register offices, you may exchange vows and rings after the official ceremony."

However, I wouldn't advise travelling so soon after the ceremony.

a) He may need to give biometric info again and if not in the country that would delay the issuance of the new permit.

b) Not sure he would be able to travel on the first permit as his status has changed. Check with the migration office re this. He may need to get a new visa to allow him to re-enter Switzerland again if the fiancé permit is no longer valid and the new dependent's permit hasn't been issued yet. See this thread for more info:

reise pass for non-eu wife
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Old 18.02.2017, 17:29
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Re: Permit for my partner (non-EU)

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From my link:

"•The registrar will issue a deed of partnership, which you will both be asked to sign. You will then be given a registered partnership certificate. In some register offices, you may exchange vows and rings after the official ceremony."

However, I wouldn't advise travelling so soon after the ceremony.

a) He may need to give biometric info again and if not in the country that would delay the issuance of the new permit.

b) Not sure he would be able to travel on the first permit as his status has changed. Check with the migration office re this. He may need to get a new visa to allow him to re-enter Switzerland again if the fiancé permit is no longer valid and the new dependent's permit hasn't been issued yet. See this thread for more info:

reise pass for non-eu wife
Thank you so much for the nice advice. Did you mean he will need to give 2 times biometric info.? (After the first time entry and also after the Eintragung der Partnerschaft)

But we will definitely ask Migrationsamt for advice once he gets the D-Visa and we have a clear timeline plan.

Thanks again.
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Old 18.02.2017, 17:59
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Re: Permit for my partner (non-EU)

Maybe, I don't know. Not having to do this I don't know if they want new biometric data each time a permit status is changed or not. The migration office will be able to tell you.
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Old 18.02.2017, 18:07
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Re: Permit for my partner (non-EU)

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Maybe, I don't know. Not having to do this I don't know if they want new biometric data each time a permit status is changed or not. The migration office will be able to tell you.
Thanks.
Then according to my experience, one person only needs to do once as I moved from SG to ZH (both L) and then in ZH from L to B, I did not need to another one after the initial one in SG.

Ok, do you know normally how long it takes from Anmeldung in Kreisbuero to being requested to go to Migrationsamt for biometric thing?
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Old 18.02.2017, 19:21
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Re: Permit for my partner (non-EU)

1-2 weeks I think is the average.
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