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Old 26.04.2017, 01:45
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Hello, I am Canadian, living in Canada, remarried to a Swiss man (not the father of my daughter). My daughter is Canadian living in Switzerland (Lausanne).

My daughter is currently on a B permit for her studies, although I have a few questions. Her only passport is Canadian. She is about to graduate from her university, and will be wiling to do anything to stay in the country. If it makes any difference, she is very "well integrated" into Switzerland i.e, having a Swiss step father, speaking Fluently French and German in addition to English, having a Swiss drivers license, etc. She has been living in the canton of Vaud for a little more than 4 years.

I am wondering how I can help her after her graduation. I understand that these kinds of questions are very complicated and I really thank everyone who has any idea about any of the questions!

1) I will soon be eligible for Swiss citizenship through marriage, Is there anyway that I can give her the same benefit? It is my ultimate goal although I fear that it is not possible. I know that it would not come down to it, but my daughter is very serious about her desire to stay in Switzerland, and know that she would have no problem renouncing her Canadian passport if this is what it came to.

2) How can myself or my Swiss husband help her to stay in Switzerland, while we are in Canada?

3) If i was to move to Switzerland with my husband, what would I need to do to keep her there?

4) If i told her to come back to Canada for about a year and a half until I will be eligible for the Swiss nationality through marriage, is it possible (or easier) to send her back to Switzerland independently because I would be Swiss?

Thanks,
Rachel

My husband is from the canton of Basel Stadt, not Vaud, incase it matters with any of these questions.

Last edited by 3Wishes; 26.04.2017 at 16:53. Reason: merging consecutive posts
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Old 26.04.2017, 09:35
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Re: CH Parents / Non CH daughter

How old is your daughter? If more than 18, then her status in Switzerland is independent of the nationality/naturalization/living place of you and your husband. And therefore you cannot help her. After graduation, she will need to ask for a permit on her own basis, and if one day she wants to be naturalized in Switzerland, she will have to go through the regular naturalization (unless if she got married to a CH guy, like what yourself did).

Just another remind, you being soon eligible for asking for Swiss citizenship through marriage (6 years after marriage) does not mean that you will have the citizenship once the the marriage reaches 6 years. You need to go through the facilitated naturalization process which takes typically 9 months to a couple of years (and as you live abroad, the process is a bit more complicated and can take a little longer)
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Old 26.04.2017, 09:52
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Re: CH Parents / Non CH daughter

1) No. She wouldn't qualify for facilitated naturalisation, even after you gain citizenship.

2) Nothing.

3) It wouldn't work. Yes, you could move back here, but if she's over 18 she doesn't qualify for a dependent's permit as your child and I don't think being married to a Swiss national will change that as he isn't her father.

4) No.

Sorry if all that seems negative, but there's not much you can really do.

All is not lost though because as a graduate from a Swiss university she will be on equal terms with Swiss/EU nationals when it comes to job hunting for the first 6 months after graduation.

https://www.sem.admin.ch/sem/en/home...abgaenger.html

This means the rules are slightly easier than the usual non-EU hiring criteria outlined in this link:

https://www.sem.admin.ch/sem/en/home...zulassung.html

If she can't find a job within the 6 months, then any employer will have to show they can't find a Swiss/EU national who could do the job and frankly for recent non-EU graduates with no experience that's very difficult to prove.
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Old 26.04.2017, 10:08
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Re: CH Parents / Non CH daughter

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1) No. She wouldn't qualify for facilitated naturalisation, even after you gain citizenship.
She would if she's under 18.

BTDT.

Tom
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Old 26.04.2017, 11:28
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Re: CH Parents / Non CH daughter

Perhaps your daughter could extend her studies by enrolling for a post-grad course. That might be a valid reason for her permit to be extended.

As you probably know, some students in Switzerland (like so many other countries!) struggle to cover their living costs. Since you would like to help her, you might consider whether you are are able to contribute financially. If so, that might open a door for her.

In this regard only, it might help her if you lived in Switzerland, such that she could live with you "for free". Of course, this only if you and she would even want such closeness, given you've already been apart for several years of her young adulthood.

If you and your husband lived in Switzerland, could you perhaps earn sufficiently more in Switzerland than you could do in Canada? By sufficiently more, I mean taking into account your higher living costs here. If you (or more likely he, if you do not already speak a local Swiss language, since without that it'd be harder for you to find work) could generate more disposable income, that might help to support her through her post-grad.

Of course, the above are the "soft" ways of helping, whereas the hard facts of permits, etc. have been outlined by others, above.
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Old 26.04.2017, 11:36
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Re: CH Parents / Non CH daughter

This might be a long shot. Depending on your family's interpersonal relationships - might husband adopt your daughter? This is possible, under some conditions, even if she is over 18.
See here, for example (in German): http://www.jgk.be.ch/jgk/de/index/ki...genperson.html
Please be aware that I just plucked the first link that seemed to set out the conditions reasonably clearly, and this one is from the Canton of Bern. Many aspects of life in Switzerland are regulated on the cantonal level, and may differ from canton to canton. You'd need to check whether there is federal law on this.

You'd also need to find out whether adoption (of an adult) also confers rights of citizenship (through the adopting father) on your daughter.
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Old 26.04.2017, 11:44
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Re: CH Parents / Non CH daughter

If stepfather adopted her, maybe that would change the picture if it were accepted by the Swiss authorities (may be a big if, no idea). In such a case, if (ex step-)father moved here wouldn't he have the right to have both wife and (no longer step-)daughter follow? Perhaps that would even allow the daugher to nationalize directly? Or allow her to gain Swiss nationality immediately by the newly created legal bloodline?

In this regard the Swiss stepfather is actually worse off than an EU national because for a Swiss, only his own bloodline counts. For an EU national however, the wife/husband's bloodline is considered as well. So if the stepfather were EU citizen and moved here (i.e. assuming he had a job) both wife and stepdaughter would have the right to follow.

Edit
doropfiz beat me to it
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Old 26.04.2017, 12:35
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Re: CH Parents / Non CH daughter

I think her only shot is to either get enrolled in another full time degree or find a job.

Last edited by MusicChick; 27.04.2017 at 18:58.
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Old 26.04.2017, 16:18
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Re: CH Parents / Non CH daughter

With regard to adoption:

- Yes a "child" more than 18 yo can be adopted in special circumstances (severe physical/mental handicap, living >5 years together with the future parents...). I'm not sure it is OP's case.

- But this kind of >18yo adoption will not convey any advantage in permit or naturalization of the child. For both family reunion permit and facilitated naturalization, a child over 18 yo is excluded.
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Old 26.04.2017, 18:29
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Re: CH Parents / Non CH daughter

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She would if she's under 18.

BTDT.

Tom
If she's still under 18 and about to graduate from uni she's a genius and will be snapped up by a Swiss employer asap. So no problem staying here longer if that were the case.
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