Hello everyone,

I came to Switzerland April last year on Permit B, married to my Swiss husband. I am a non-EU citizen. We have a child together, 2 years old who is also Swiss. My Permit B is currently valid till April 2020. I am currently working with a Swiss company here. Recently my Swiss husband has been offered an one year contract outside Switzerland till October 2019. His place of vital interest continues to be Switzerland for paying taxes, AVS, pillars, medical assurance, etc. He is not de-registering himself from Switzerland.

And me and my son we plan to continue to live in Switzerland for this one year with visits to his place of work and he visits us.

The questions are:
1. If my husband takes up this assignment will my permit B be still valid?
2. What legal information should I collect and consult to make sure my job here and my life with my son are secure here if my spouse takes up the assignment?



Thanks a lot!

The way I understand it is if you are a non EU citizen husband needs to continue to be registered in Switzerland living with you for your permit to be valid.

I would contact the immigration office (federal) before you husband consider leaving the country without you.

Thanks MM! Do you know if this is going to be the case for me all through till I get a permit C or is it after a certain number of years that we have stayed together in Switzerland that the validity of permit will not depend on us living together but on the fact that we continue to be married? Also does living together mean 365 days a year or is there a minimum count? Thanks much.

Yes. On a B permit, your stay in Switzerland is based upon being the spouse of a Swiss citizen and as such you need to be living together in a stable marriage. So, both are important. (Let's skip the discussion about divorce and legal separation as I assume this is not your plans)

After you get a C permit, you can stay on your own.

I don't know if there is a "minimum count" of days. But your husband's main residence and center of life should be with you in Switzerland. This is why I say he can not deregister.

You need to seek legal advice either through the authorities or via a lawyer. I suggest you go straight to the Swiss authorities and skip the expense of a lawyer.

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No problem then.

Tom

Thanks ?

Exactly. As long as he is registered as living in Switzerland, etc then it's not a problem. In no case should he deregister!