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Old 23.01.2020, 13:06
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Getting divorced before becoming 3 years married for Non EU citizens

Hi everybody,

I have a question regarding my visa permit, if anyone knows anything about it, please help me with some information I need.

I came to Switzerland in February 2017 and got officially married in March 2017.
I come from a non EU Country like Kosovo.
I have a 7 months old daughter.
I work full time as Software Engineer in a company in Zurich.
No law problems, regular payments etc.

Me and my wife are getting divorce and the Court date is before we are for 3 years married. So, about 2 years and 11 months.

Does this affect my Visa Permit B after the divorce?
Is there any other way that I can still live here and work and take care of my child?

Thank you for your valuable help!
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Old 23.01.2020, 13:30
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Re: Getting divorced before becoming 3 years married for Non EU citizens

Welcome to the forum.

If you got your permit because of the job, i.e. your employer had to apply for it and prove they couldn't find a Swiss/EU national who could do the job, then you're fine. Your wife, if she's your dependent, may well lose her permit though if she's here under family reunification.

https://www.ch.ch/en/right-to-reside...th-or-divorce/

If it's the case that she's the main permit holder or a Swiss national then the situation is reversed and you will lose your permit and the right to live/work here. Your employer could try applying for an independent permit for you, but would have to go through the non-EU hiring criteria and they may not want to go to the time and expense of doing so.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Simply having a child here won't be enough to allow you or her to stay here. Even if the marriage had lasted longer there are other criteria that have to be met to be able to stay.
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Old 23.01.2020, 14:26
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Re: Getting divorced before becoming 3 years married for Non EU citizens

Thank you for your answer.

It is the case that I came in Switzerland for family reunification. She is a Swiss national.
I assume the only way to be able to stay is to have my employer apply for a visa for me.
I also thought because of the care of the child I should do, I could stay but as I've seen in your answer that's not possible.
About the other criteria:
I finished the German language level B1 (Is that enough?)
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Old 23.01.2020, 14:42
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Re: Getting divorced before becoming 3 years married for Non EU citizens

Unlikely. It'll be down to the cantonal authorities/SEM if your employer can't get a new permit for you. They'll decide if the criteria is met to grant you a permit if the employment angle fails.
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Old 23.01.2020, 15:37
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Re: Getting divorced before becoming 3 years married for Non EU citizens

You seem to be living in canton Zurich, luckily Migrationsamt ZH has a detailed brochure outlining how they proceed depending on the circumstances. Read especially the section 3.4.6. Given that you have a German certificate and a job here you should be pretty integrated here as far as the authorities are concerned.
Actually, if your divorce agreement doesn't take away child custody (Obhut) from you, then section 3.4.7.1 would apply and you would have a right to a B permit by means of reverse family reunification with your Swiss child.
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Old 23.01.2020, 18:26
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Re: Getting divorced before becoming 3 years married for Non EU citizens

I know a non-EU woman who was divorced after 18 months of marriage. It took a battle and a few appeals, but she demonstrated she wasn't a burden on society and was well integrated. She was allowed to stay. So it can be done.
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Old 23.01.2020, 19:15
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Re: Getting divorced before becoming 3 years married for Non EU citizens

Also don't panic because you won't be divorced on the date of your hearing. If the two spouses are not in complete agreement, it will take the court weeks to write up their ruling and then there is a period of grace for appeals e.g. 30 days plus time for registered post to be delivered to both parties and sit in a post office (usually around 10 days allowed) before it will become "Rechtskräftig" (come into force), and even if you are in complete agreement, the period of grace is likely to apply. So I would say, from my experience, if your hearing is mid Feb, there is little chance of the divorce becoming effective before around the end of March
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Old 23.01.2020, 21:21
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Re: Getting divorced before becoming 3 years married for Non EU citizens

In case your country does things differently, here's a little background on what counts, in Switzerland, with regard to divorce and children.

Divorce: other than serious abuse, from either spouse to the other, Swiss divorce law is not about blame. In terms of reaching settlements within these laws, it does not matter if, for example, one partner had an affair.

I mention this because the notion that the person who did wrong (if any) forfeits everything, is out of date.

This applies to maintenance costs, and youngish spouses are both expected to support themselves, perhaps in graded stages as the child spends more time in school.

Children: The arrangements must always consider, first, what is in the best interests of the child. For this reason, the notion that the children necessarily live with their mother who has absolute authority and the father has "visitation rights" only is also (at least in the theory of the law) also an outdated notion. The norm now is that both parents have shared parental authority (Sorgerecht), to decide together about all major aspects of the child's life. Parents can also, if they want to or if the Court so decrees, share residence (Obhut), meaning that the child lives with one parent half the week and with the other parent during the other half. For this, it is advantageous if the divorced parents live nearby one another, and/or can demonstrate that they can do the transfers easily and calmly.

This shift in the laws means it is the rights of the child (not of the adults) which are to be considered first. The child has a right to ease of access to and a relationship with both parents.

The more plausibly you can set out that your wanting to stay in Switzerland is in the child's best interest (because you will focus on building the relationship and being a good, participatory father who wants his child to be safe, and see both parents often), and in addition can set out that if you are allowed to stay you will be able to contribute financially (especially if this will be what will prevent your ex-wife having to claim social benefits), the better a chance you have.

Last edited by doropfiz; 29.01.2020 at 22:42.
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