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Old 21.11.2019, 21:56
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Family life without mariage French and non-EU

Hi everyone! As a longtime reader, I'm in need of some help today

Im french, with a B permit, working as a self-employed in Zurich for the last 2 years. My Russian GF is now pregnant. We have signed a "Konkubinat" contract and tried to get a B permit which got refused (lack of rental contracts as we travelled a lot).

Now with the kid to be born in 7 month, we would like to live together and have a family but don't wish to mary. Ideally she should be able to work in 1.5/2 years.

The Migrationsamt suggested that applying again after the birth of the child might raise the odds, but what can we do inbetween? As I would like to support my GF here without having to leave the job i love.

I heard about a "reverse" Familiennachzug through the child (that will get a french passport) and then apply. Is this even possible? What other paths are there? We thought perhaps a french PACS would give her french "titre de sejour" and give us some time for her to settle here... I'm quite confused, and don't see any other clear path outside of mariage.

Thank you in advance!
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Old 21.11.2019, 22:22
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Re: Family life without mariage French and non-EU

Welcome to the Forum.

If the original request was denied because you don't have consistent rental contracts and travel too much...cut back on traveling to ensure you're here at least 181 days per year, and sign at least a 1-year lease? Seems far easier than any other method to me.
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Old 21.11.2019, 22:32
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Re: Family life without mariage French and non-EU

The application that was refused is, presumably, for family reunification, i.e. your partner joining you, since you already have a permit as EU.

As non-EU, she is highly unlikely to get a permit in her own right, unless she has a specialised niche business or science skill, and in that case, she'd get that permit only to start a specific job.

Since you know the reason your application was denied, just fix that.
If the immigration authorities say it is the lack of a rental contract, well, then, get a rental contract. Make sure it is for a large enough apartment (by the standards that will satisfy the immigration authorities) to be classified as the home of three people.

As I see it, the options are:
  • your partner applies for a holiday visa to visit you whereafter she must leave Switzerland,
  • you reapply for the family reunification permit, once you have fulfilled the requirements on which your application failed the first time round
  • you get married.

While your partner is between countries, think about where the baby should be born, and which citizenships it will acquire by decent or by birth. Being born in Switzerland does not give you Swiss citizenship, but it does give you better access to other matters, perhaps (but I'm not completely sure) later naturalisation, and perhaps (I'm almost sure) access to cover by the Swiss Disabilty Office which is not available to children born outside of Switzerland. (May you never need that!)

Ideally, the three of you should aim all to have the same citizenships, so that you are, one day, free to live in any combination that suits you.

Marriage would, indeed, be the simplest route to get permission for your partner to live with you. Even then, you still have to fulfil the requirements set by the authorities. Being married, or her having a French child living in Switzerland with the French father, will not reduce your need to produce the rental contract as specified.

Last edited by doropfiz; 23.11.2019 at 03:54. Reason: typo
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Old 25.11.2019, 00:27
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Re: Family life without mariage French and non-EU

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Welcome to the Forum.

If the original request was denied because you don't have consistent rental contracts and travel too much...cut back on traveling to ensure you're here at least 181 days per year, and sign at least a 1-year lease? Seems far easier than any other method to me.
Hello! : )

You mean getting her on a rental contract here, although she can only come as a tourist with shengen visas of 90 days / 180d? I'm not evem sure that this would count as she might be considered a tourist. Or go start my family in another country, and then apply again in one or two years, after our child is born? with the proof of that year or two of rentals?

That seems like a solution, except I would have to quit my job... that's tough...
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Old 25.11.2019, 01:22
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Re: Family life without mariage French and non-EU

I'm not sure I understand where the difficulty is. This is what I thought was your situation:
  • You are EU, live in Switzerland, work in Switzerland and have a home in Switzerland.
  • You applied for permission for your non-EU partner to be allowed to come and stay with you.
  • Your application was turned down on the basis of your not having a large enough home to accommodate yourself, and her (and the baby).

If that's the case, then the solution lies in your (not you-and-she) having such a large-enough home and your (not you-and-she) having sufficient income.

For the application to be considered favourably,
  • the home must already exist with ongoing rental contract,
  • the contract must already be in your (not your-and-her) name, and
  • the income that you alone already earn must be demonstrably sufficient (by the standards of the immigration authorities) to support all three of you.

The immigration authorities sets these standards because they must try to ensure that they do not let people come and stay in Switzerland unless it is clear that someone will be supporting them so they will not need to claim social security benefits. In other words, they are looking for you to prove, as a strong supporter already in Switzerland, that you will not let your partner need social help, because you will support her.
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Old 25.11.2019, 08:53
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Re: Family life without mariage French and non-EU

Dear Romaine,

... I have another idea, albeit "old fashioned" ....why don't you marry her? She's carrying your child and you'll be a family anyway.

Are you not that committed to her and your future child? Your life (both of you) will be so much easier and clearer in the eyes of bureaucracy....and not only.



Pam pam. Dramatic exit.
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Old 28.11.2019, 01:49
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Re: Family life without mariage French and non-EU

You make a good point, greenmount. And later I wondered whether it might be the pregnant woman, herself, who may have reasons to prefer not to get married.

I hope OP returns to the thread to let us know how things are going.
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Old 03.05.2020, 20:45
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  • Your application was turned down on the basis of your not having a large enough home to accommodate yourself, and her (and the baby).
Hi Doropfiz, What was refused is a demand for her to come here live / work with me without mariage, on the basis that we lived / travelled together arround the world over the last 5 years. It was refused beause we could not proove living at least 2 years together outside of Switzerland. (No long rental contract documents or short stays).

They mentioned that if we had a common kid, this demand would be more likely to go through, I'm not sure what this "more likely" means.

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I wondered whether it might be the pregnant woman, herself, who may have reasons to prefer not to get married.

I hope OP returns to the thread to let us know how things are going.
=> @Doropfiz, she wants to marry, I have doubts because of a fear of commitment / lack of love.

So an update 5 months later :
- Corona hit, she is in Russia to give birth, I will go there and see how it is to be a father.
- I realize that I have allot of doubts about our relationship, because I see allot of negative. I go through therapy to try to fix my personality issues. Lost as to what I can expect to change, and how quick.
- She now almost wants to move on without me, she considers mariage as me giving her back the time we spent together, I feel that I'm more a wallet / visa provider than a husband... lost as to how to cut my loss here, she seems to be able to sue me here or in Russia, I have no defense, I just have to pay for our son and shut up.

Last edited by 3Wishes; 04.05.2020 at 11:14. Reason: merging consecutive replies
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Old 03.05.2020, 20:53
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Re: Family life without mariage French and non-EU

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Hi Doropfiz, What was refused is a demand for her to come here live / work with me without mariage, on the basis that we lived / travelled together arround the world over the last 5 years. It was refused beause we could not proove living at least 2 years together outside of Switzerland. (No long rental contract documents or short stays).

They mentioned that if we had a common kid, this demand would be more likely to go through, I'm not sure what this "more likely" means.
The more likely means that you have a higher chance of approval but not a guarantee that it will succeed.

You apply for a family reunification without being an official family and without having lived together as a family for some time.
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Old 03.05.2020, 21:25
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Re: Family life without mariage French and non-EU

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=> @Doropfiz, she wants to marry, I have doubts because of a fear of commitment / lack of love.

So an update 5 months later :
- Corona hit, she is in Russia to give birth, I will go there and see how it is to be a father.
- I realize that I have allot of doubts about our relationship, because I see allot of negative. I go through therapy to try to fix my personality issues. Lost as to what I can expect to change, and how quick.
- She now almost wants to move on without me, she considers mariage as me giving her back the time we spent together, I feel that I'm more a wallet / visa provider than a husband... lost as to how to cut my loss here, she seems to be able to sue me here or in Russia, I have no defense, I just have to pay for our son and shut up.
Guess the question is how you feel about being a parent? Is this something you want or not? If yes, then you both need to have a serious talk about how to work things out which will be best of all of you. If neither of you want to be together then come to some agreement of what you'll pay for child maintenance and whether you want visitation rights. I'm not sure she'd be able to sue you in a Swiss court if she doesn't live here and a court order from Russian might not be enforceable here. I suggest you talk to a lawyer before going to Russia to see what your legal options would be here.
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Old 03.05.2020, 21:31
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Re: Family life without mariage French and non-EU

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I just have to pay for our son
That's the responsibility of being a parent. Focus on being the best Dad you can to your son, whilst not being in a relationship with the mother..... it's what he deserves.
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Old 14.08.2020, 15:40
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Re: Family life without mariage French and non-EU

Sharing my experience for other readers who may have the same original question as the OP :

My boyfriend is French, has a B permit and works in Vaud. I am non-EU (American) and was just approved for a Swiss B Permit – Concubin. When applying for my permit in Switzerland, I did not have to provide a historical rental contract with both of our names because I was able to provide our French PACS certificate instead. However, this “workaround” would have been tricky for the OP to execute, because he still would have needed to produce a French rental contract with both names to get PACSed in France (plus many more documents, but that’s another forum).

For unmarried couples, the paper trail of our communal life is essential when it comes to getting visas or residence permits in EU/EEA.
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