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-   -   Language requirements for European Union citizens (https://www.englishforum.ch/permits-visas-government/295998-language-requirements-european-union-citizens.html)

tinychair 06.01.2020 11:55

Language requirements for European Union citizens
 
Good morning! My girlfriend is financially dependent on me from the beginning of our stay in Switzerland. She has permit B only to stay, not to work. I have work permit B. This year we want to renew permits. We live in Zurich. Does she need a language certificate? We are citizens of the European Union. In many documents I see that EU citizens don't need language certificates for permit B.

roegner 06.01.2020 11:58

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134438)
Good morning! My girlfriend is financially dependent on me from the beginning of our stay in Switzerland. She has permit B only to stay, not to work. I have work permit B. This year we want to renew permits. We live in Zurich. Does she need a language certificate? We are citizens of the European Union. In many documents I see that EU citizens don't need language certificates for permit B.


Depends on the country you are from. Not all EU countries are exempt.

tinychair 06.01.2020 12:05

Re: Language requirements for European Union citizens
 
We are from Poland. I read that in the case of permit B all EU countries are exempted from the language requirement.

DanLF 06.01.2020 14:47

Re: Language requirements for European Union citizens
 
There are language requirements for the C permit, but I haven't seen anything about that for a B permit.

st2lemans 06.01.2020 15:00

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134445)
We are from Poland. I read that in the case of permit B all EU countries are exempted from the language requirement.

Only for the primary permit holder, not dependents.

Tom

st2lemans 06.01.2020 15:00

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by DanLF (Post 3134501)
There are language requirements for the C permit, but I haven't seen anything about that for a B permit.

There are for dependents.

Tom

tinychair 06.01.2020 15:10

Re: Language requirements for European Union citizens
 
I found this document:

https://www.eda.admin.ch/dam/countri...achweis_EN.pdf

I don't see that EU citizens must know one of the Swiss languages in the case of Permit B. There is a lot sentences about third country people (non-EU) and that some countries are exempted from the language requirements for Permit C.

As Polish citizens my girlfriend and me benefits of the Agreement On The Free Movement Of Persons (AFMP) and we only need adequate finances for living. Every EU citizen can live in Switzerland as long as they have the money, not necessarily from work. My girlfriend has money from me.

I didn't found another legal basis for my situation.

tinychair 06.01.2020 15:12

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by st2lemans (Post 3134504)
Only for the primary permit holder, not dependents.

Tom

Can you show me the legal basis?

EdwinNL 06.01.2020 15:25

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134509)
Can you show me the legal basis?

https://www.eda.admin.ch/dam/countri...achweis_EN.pdf

tinychair 06.01.2020 15:25

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by EdwinNL (Post 3134513)
Only when having a 3rd country nationality, EU-nationals have no language requirements when it comes to a B permit.


If I understand correctly The Agreement On The Free Movement Of Persons (AFMP) is the legal basis in my situation? This year there will be a referendum on this matter. If Switzerland breaks this agreement, the situation will get complicated.

EdwinNL 06.01.2020 15:27

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134517)
If I understand correctly The Agreement On The Free Movement Of Persons (AFMP) is the legal basis in my situation? This year there will be a referendum on this matter. If Switzerland breaks this agreement, the situation will get complicated.

I already had deleted my post since it was wrong ;)

tinychair 06.01.2020 15:31

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by EdwinNL (Post 3134518)
I already had deleted my post since it was wrong ;)

So my girlfriend must have a language certificate?

I see the sentence:

"s. There is no language
requirement for unmarried children under 18 years of age, for spouses and unmarried children
up to 18 years of age of Swiss citizens, nor for persons who may benefit from the provisions
of the Agreement on the Free Movement of Persons (AFMP) and their family members
(spouses and unmarried children up to the age of 21)".

Poland is a part of the Agreement on the Free Movement of Persons.

EdwinNL 06.01.2020 15:32

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by st2lemans (Post 3134505)
There are for dependents.

Tom

For all dependents? I thought only under family reunification.

EdwinNL 06.01.2020 15:33

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134521)
So my girlfriend must have a language certificate?

I see the sentence:

"s. There is no language
requirement for unmarried children under 18 years of age, for spouses and unmarried children
up to 18 years of age of Swiss citizens, nor for persons who may benefit from the provisions
of the Agreement on the Free Movement of Persons (AFMP) and their family members
(spouses and unmarried children up to the age of 21)".

Poland is a party of the Agreement on the Free Movement of Persons.

I read it as like it is only affecting family reunification and not all dependents.

And Free movement is nice, but when it comes to people who are dependent on others and thus lack the financials themselves there is freedom on national level to add some extra requirements.

Island Monkey 06.01.2020 15:34

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by EdwinNL (Post 3134522)
For all dependents? I thought only under family reunification.

Dependants are “family reunification”! Even if unmarried.

EdwinNL 06.01.2020 15:40

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by Island Monkey (Post 3134524)
Dependants are “family reunification”! Even if unmarried.

I beg to differ.

I can even sign a sponsor contract for somebody I never met before to allow them for example to follow a study here, or give them time to become independent. This has nothing to do with family reunification.

aSwissInTheUS 06.01.2020 15:44

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by Island Monkey (Post 3134524)
Dependants are “family reunification”! Even if unmarried.

No. There are family depends according Art. 3 FMOP agreement https://www.admin.ch/opc/de/classifi...index.html#ta3 which are NOT subject to the permit B language requirements and there are all the other dependents. Such depends, if EU citizens, might have an independent residency right, and are also not NOT subject to any permit B language requirement, based on chapter V of the above treaty.

Quote:

There is no language requirement for unmarried children under 18 years of age, for spouses and unmarried children up to 18 years of age of Swiss citizens, nor for persons who may benefit from the provisions of the Agreement on the Free Movement of Persons (AFMP) and their family members (spouses and unmarried children up to the age of 21).
https://www.eda.admin.ch/dam/countri...achweis_EN.pdf

PS: All this language requirements have been in force since January 1st 2019. The only thing which has changed is that the list of accepted language certificates has been made shorter. So, what all is all the sudden interest and fuss?

st2lemans 06.01.2020 15:50

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134517)
This year there will be a referendum on this matter. If Switzerland breaks this agreement, the situation will get complicated.

For us, it can only get better if we end FMOP!

Tom

tinychair 06.01.2020 15:55

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by aSwissInTheUS (Post 3134528)
No. There are family depends according Art. 3 FMOP agreement https://www.admin.ch/opc/de/classifi...index.html#ta3 which are NOT subject to the permit B language requirements and there are all the other dependents. Such depends, if EU citizens, might have an independent residency right, and are also not NOT subject to any permit B language requirement, based on chapter V of the above treaty.


https://www.eda.admin.ch/dam/countri...achweis_EN.pdf

PS: All this language requirements have been in force since January 1st 2019. The only thing which has changed is that the list of accepted language certificates has been made shorter. So, what all is all the sudden interest and fuss?

If I understand you correctly, my girlfriend doesn't need a language certificate?

kamen 06.01.2020 16:53

Re: Language requirements for European Union citizens
 
Quote:

Originally Posted by tinychair (Post 3134438)
Good morning! My girlfriend is financially dependent on me from the beginning of our stay in Switzerland. She has permit B only to stay, not to work. I have work permit B. This year we want to renew permits. We live in Zurich. Does she need a language certificate? We are citizens of the European Union. In many documents I see that EU citizens don't need language certificates for permit B.

No requirements exist about EU citizens presenting any language certificate for B Permits. If someone asks for one, kindly request to quote the legal basis for this. Be kind but also be aware of your rights. It is hard to believe but there are Swiss civil servants not being aware of some rules.


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