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Old 26.02.2018, 13:10
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NZ National Student Permit B rejected: to appeal or apply for dependent concubine?

Hello all,

My first post and eagerly waiting for some assistance:/

I am a New Zealand national. Entered Switzerland Sept 2017 to commence my Master of Managment and Health in Ticino. Handed up all of documents necessary for B permit in September.

Previously have bachelor and Master in Paychology.

Uni accepted me in July 2017 I paid full fees, paid Swiss Health insurance have rented apartment.

Immigration sent me a letter on Saturday saying my Permit B is rejected on basis my current studies do not align with my past studies(?) Riduculous.

I have a Master in Psychology but I got this 5 years ago and wrote a letter of motivation stating that I want to get into a different but related sector hence why I chose this. They also said I need to leave country by April which is ridiculous as a NZ citizen I can be in Switzerland visa free for 90 days at a time and I often go to Italy and around EU!! My Uni is not very helpful wanted advice if:
1. Should appeal this- I have 30 days
2. Reapply for another type of Permit

My partner is Italian and has a C permit and v stable job.
He would be willing to financially support me and I would be able to live in his (own) apartment. Would this be sufficient? We are not willing to get married and I donít know if this would be a problem for dependant permit request.

We havenít been together long enough to warrant marriage (less than 6 months) but I wonder if I can obtain a Concubine /depending permit on the basis that he has his own home and more than sufficient financial means.

I donít have much time so I think focusing on one option would be the best.
Any advice v much appreciated on which way to go

Graize a tutti-
  #2  
Old 26.02.2018, 14:43
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Re: NZ National Student Permit B rejected: to appeal or apply for dependable concubin

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I need to leave country by April which is ridiculous as a NZ citizen I can be in Switzerland visa free for 90 days at a time and I often go to Italy and around EU!!
90 days total, not at a time.

https://www.eda.admin.ch/countries/n...t-holders.html

Tom
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Old 26.02.2018, 15:01
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Re: NZ National Student Permit B rejected: to appeal or apply for dependable concubin

My guess is that yes, your previous courses don't match closely enough for the Swiss. They probably want a Bachelors in Managment and Health which you don't have.

1. Worth appealing? I doubt it.

2. There isn't any other permit you can apply for. Your relationship hasn't existed long enough to qualify for a concubine permit and that's the only possibilty.

If you've been here since September last year you've overstayed your visa time by several months so of course you have to leave. Be glad they didn't say you had to leave next week because trying to cancel health insurance and rented accommodation is going to be difficult. You may end up having to pay several months of both of these. Rentals can only be cancelled according to your contract, usually a minimum of 3 months notice of termination unless you can find someone else to take over your lease on the same conditions. Health insurance I'm not sure, could be that it can't be cancelled until November.

According to this Italy doesn't apply the previous waiver nor does Portugal.

https://www.brenontheroad.com/new-ze...vers-schengen/

And this with regard to Switzerland:

ďDear Brendan,

Thank you very much for your enquiry.

Please find required information on our website:

https://www.eda.admin.ch/content/dam...witzerland.pdf

New Zealand citizens do NOT require a visa to visit Switzerland for a period of up to 90 days within a 180-days period. New Zealand citizens benefit from this short-stay visa waiver, as long as they:

(a) do not intend to work;

(b) hold a passport valid for at least 3 months after date of departure;

(c) have a return ticket.

Border officials in EU countries may ask for other supporting documents such as for example an invitation letter, proof of lodging, return or round-trip ticket.

Moreover a bilateral visa waiver agreement signed between Switzerland and New Zealand allows holders of New Zealand passports to stay in Switzerland up to 90 days irrespectively from other periods spent in other Schengen countries. In this case, New Zealand nationals are advised to carry evidence of the period spent in Switzerland (e.g. passport stamps, accommodation receipts, ATM slips).Ē

You didn't have a return ticket. Nor did you apply for your permit before you left the country since you were going to be here for more than 90 days. From the above PDF:

"2.1.1.5 Comment regarding prior authorisation of a residence permit

Nationals of the following states do not require a visa to enter Switzerland under any circumstances: Brunei, Japan, Malaysia, New Zealand and Singapore.

However, the competent Swiss authority will issue a prior authorisation of a residence permit in the following cases:

a) for a stay of more than 90 days
, or

b) a stay involving gainful employment:
lasting more than eight days, or
from the first day of work in the primary or auxiliary construction sectors, the hospitality sector, industrial or private cleaning services, surveillance and security services, itinerant sales and services or erotic services.

This prior authorisation of a residence permit is issued directly to the foreign national, or to a third party (employer), by the cantonal migration authority. The Swiss diplomatic or consular mission is not involved in this procedure."

As any other student you should have applied for your permit before arriving in the country. Being a NZ national doesn't get you around the pre-approval requirement for a student permit.
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Old 26.02.2018, 15:35
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

You find a lot of this "ridiculous", it appears.

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Immigration sent me a letter on Saturday saying my Permit B is rejected on basis my current studies do not align with my past studies(?) Riduculous.
It's really not. I'm guessing this was mainly an "excuse" to be with your partner and while that is a fair enough reason from an emotional standpoint, the authorities don't have to agree it's good enough to give you some permit or other. It is VERY rare to get a student permit for a second Masters degree after completing one already.

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They also said I need to leave country by April which is ridiculous as a NZ citizen I can be in Switzerland visa free for 90 days at a time and I often go to Italy and around EU!!
Nope cause you're not here as a tourist, but on a permit you thought you would get but now don't have.

You are lucky they let you stay as long as they did and didn't ask you to wait in your home country, like they usually do, or kick you out essentially tomorrow, which they also sometimes do.

Quote:
My Uni is not very helpful wanted advice if:
1. Should appeal this- I have 30 days
2. Reapply for another type of Permit
1) forget it - waste of time and money
2) yes, via your partner

Quote:
My partner is Italian and has a C permit and v stable job.
He would be willing to financially support me and I would be able to live in his (own) apartment. Would this be sufficient?
Maybe, maybe not, who knows. Worth a shot.
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Old 26.02.2018, 15:47
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

A "less than 6 months old" relationship isn't enough to warrant a concubine permit.
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Old 26.02.2018, 15:55
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

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A "less than 6 months old" relationship isn't enough to warrant a concubine permit.
Irrelevant, as a concubine permit doesn't exist in Ticino anyway.

Tom
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Old 26.02.2018, 16:02
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

Yeah, wondered about that after I posted Tom. Thanks for clarifying.

Strawberri, not all cantons issue the concubine permit - Ticino is one of those it seems so that's not possible. So no options to get a permit here, sorry. Only way to manage it would be to return to NZ and hope you can make a successful job application and get the pre-approved permit that way, same as every other non-EU national has to. Only difference I can see is that the employer may not have to be the one making the application, but you'd need to check that with the Ticino migration office to be sure.
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Old 26.02.2018, 16:29
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

Thanks for that.

I often travel out of EU to non EU countries and havenít stayed in Switzerland new than 90 days in any 180 day period.

See what happens :/

Thanks again

And main reason was to study not partner that happened along the way unplanned as it usually does
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Old 26.02.2018, 16:32
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

Why can't she apply for a normal permit with her partner signing that she lives at his place and him showing that he has sufficient income and takes on full financial responsibility for her?

(is there a difference for EU and non EU in this? )
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Old 26.02.2018, 16:35
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

Thatís what I thought too...
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Old 26.02.2018, 16:35
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

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Thanks for that.

I often travel out of EU to non EU countries and havenít stayed in Switzerland new than 90 days in any 180 day period.

See what happens :/

Thanks again

And main reason was to study not partner that happened along the way unplanned as it usually does
As long as you do not go over the 90 days in any 180 day period there is no need for a permit when it comes to being in the EU, but how do you expect to study if you will have no permit or residence in Switzerland or even the EU, University will not accept you without this.
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Old 26.02.2018, 16:44
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

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Why can't she apply for a normal permit with her partner signing that she lives at his place and him showing that he has sufficient income and takes on full financial responsibility for her?
For five years, when they've only known each other six months?

Tom
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Old 26.02.2018, 16:50
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

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For five years, when they've only known each other six months?

Tom
Nobody ever asked me and my love how long we knew each other. She went first since she got the job offer, I came later and she just signed a paper for financial responsibility and that I lived at the same place. No more, no less.
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Old 26.02.2018, 16:52
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

Quote:
Why can't she apply for a normal permit with her partner signing that she lives at his place and him showing that he has sufficient income and takes on full financial responsibility for her?

(is there a difference for EU and non EU in this? )
Because, as said, Ticino doesn't do the concubine permit - simple as that.
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Old 26.02.2018, 19:14
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

Quote:
Nobody ever asked me and my love how long we knew each other. She went first since she got the job offer, I came later and she just signed a paper for financial responsibility and that I lived at the same place. No more, no less.
You are an EU citizen. The OP is not.
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Old 26.02.2018, 20:01
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Re: NZ National Student Permit B rejected: to appeal or apply for dependent concubine

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They also said I need to leave country by April which is ridiculous as a NZ citizen I can be in Switzerland visa free for 90 days at a time and I often go to Italy and around EU!!
You can be in Switzerland as a tourist, not as a student or someone's partner...
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