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Old 06.01.2020, 11:55
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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.
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Old 06.01.2020, 11:58
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Re: Language requirements for European Union citizens

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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.
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Old 06.01.2020, 12:05
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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.
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Old 06.01.2020, 14:47
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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.
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Old 06.01.2020, 15:00
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Re: Language requirements for European Union citizens

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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
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Old 06.01.2020, 15:00
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Re: Language requirements for European Union citizens

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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
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Old 06.01.2020, 15:10
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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.
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Old 06.01.2020, 15:12
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Re: Language requirements for European Union citizens

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Only for the primary permit holder, not dependents.

Tom
Can you show me the legal basis?
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Old 06.01.2020, 15:25
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Re: Language requirements for European Union citizens

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Can you show me the legal basis?
https://www.eda.admin.ch/dam/countri...achweis_EN.pdf
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Old 06.01.2020, 15:25
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Re: Language requirements for European Union citizens

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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.
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Old 06.01.2020, 15:27
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Re: Language requirements for European Union citizens

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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
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Old 06.01.2020, 15:31
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Re: Language requirements for European Union citizens

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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.
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Old 06.01.2020, 15:32
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Re: Language requirements for European Union citizens

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There are for dependents.

Tom
For all dependents? I thought only under family reunification.
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Old 06.01.2020, 15:33
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Re: Language requirements for European Union citizens

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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.
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Old 06.01.2020, 15:34
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Re: Language requirements for European Union citizens

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For all dependents? I thought only under family reunification.
Dependants are “family reunification”! Even if unmarried.
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Old 06.01.2020, 15:40
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Re: Language requirements for European Union citizens

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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.
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Old 06.01.2020, 15:44
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Re: Language requirements for European Union citizens

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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.

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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?
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Old 06.01.2020, 15:50
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Re: Language requirements for European Union citizens

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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
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Old 06.01.2020, 15:55
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Re: Language requirements for European Union citizens

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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?
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Old 06.01.2020, 16:53
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Re: Language requirements for European Union citizens

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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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