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Old 14.02.2020, 10:03
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Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

A 3rd nation citizen, African, married to a Swiss citizen with two children (one or both are Swiss citizens) in the middle of an unfriendly divorce.
- separation papers are dated May 2018
- divorce papers are filed and their delivery is pending
- spouse lives in Switzerland in Aargau Canton
- spouse may sign for work permit papers
- I have 60 days on my Schengen to expire from the timestamp on this post

Any advice or feedback is immensely appreciated on how to:
- get a visa and legal long term residence work permit to be closer to my children
- access Swiss family courts to file for parental rights
- apply for an employment permit to support my kids and myself through the duration of parental rights hearings in Switzerland

I understand the typical family reunification visa is contingent upon us living together. We will not happen. What are other options to consider?

There is an option to settle for a student visa as I am enrolled but there are work employment limitations to this option.
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Old 14.02.2020, 11:10
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

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A 3rd nation citizen, African, married to a Swiss citizen with two children (one or both are Swiss citizens) in the middle of an unfriendly divorce.
- separation papers are dated May 2018
- divorce papers are filed and their delivery is pending
- spouse lives in Switzerland in Aargau Canton
- spouse may sign for work permit papers
- I have 60 days on my Schengen to expire from the timestamp on this post

Any advice or feedback is immensely appreciated on how to:
- get a visa and legal long term residence work permit to be closer to my children
- access Swiss family courts to file for parental rights
- apply for an employment permit to support my kids and myself through the duration of parental rights hearings in Switzerland

I understand the typical family reunification visa is contingent upon us living together. We will not happen. What are other options to consider?

There is an option to settle for a student visa as I am enrolled but there are work employment limitations to this option.
Welcome to the forum.

Not a lot of options I'm afraid and it will depend on several things as outlined here.

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

As far as the Swiss courts are concerned parents share joint custody of their children and the best interests of the child come first.

https://www.ch.ch/en/divorce-parental-authority/

If you don't meet the criteria outlined in the first link then probably the only way you're going to get a permit is if a Swiss employer can hire you, but that would fall under the non-EU hiring criteria.

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

Your family reunification permit waived this as far as employment went, but once you lose it you also lose that waiver.

If you are the main da to day carer for the children then maybe, maybe a permit might be granted on that basis.
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Old 14.02.2020, 11:54
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

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Welcome to the forum.
Not a lot of options I'm afraid and it will depend on several things as outlined here.
https://www.ch.ch/en/right-to-reside...th-or-divorce/

.

Thank you.
The divorce has not been finalized. The papers have not been delivered/received and the matter has not been heard in court.
I meet the first 2 of these and possibly the 3rd as well
  • the marriage lasted at least three years in Switzerland and the spouse / family lived together; and

    The marriage is +3 years
  • the persons concerned are successfully integrated in Switzerland (unblemished reputation, respect for Swiss constitutional values, knowledge of the language spoken at their place of residence, willingness to work or to train for a job) or
No issues moving to be closer to the children.

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As far as the Swiss courts are concerned parents share joint custody of their children and the best interests of the child come first.
https://www.ch.ch/en/divorce-parental-authority/
This will take very long. I would be forced t rely on the student visa which has employment restrictions. Which further strains my ability to support the children.
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If you are the main da to day carer for the children then maybe, maybe a permit might be granted on that basis.
No. I am not the day to day care giver. Visiting on a Schengen.
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Old 14.02.2020, 12:03
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

Even if you get a permit, you will lose it when you divorce.

Tom
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Old 14.02.2020, 12:16
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

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Even if you get a permit, you will lose it when you divorce.

Tom
Hi Tom,
It might be worth pursuing anyway. If possible even temporarily, which of the above mentioned options is best to pursue?

The separation papers took +-6 months to arrive with translation and via the embassy. Were an issued permit to be revoked, I assume the period would roughly a year and worth the effort.

SO going with the above recommendation and pursuing a Swiss employer who can hire through the non-EU hiring criteria is the best and long term solution would you say?
https://www.sem.admin.ch/sem/en/home...zulassung.html
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Old 14.02.2020, 13:07
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

The main problem is I doubt your spouse is going to agree to financially support you for a reunification permit. Why would they when you're going through less than amicable divorce proceedings? And without that financial backing no permit would be issued.

Have you got any special skills that would appeal to Swiss employers that they can't find from Swiss/EU nationals?
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Old 14.02.2020, 13:54
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Re: Family reunification visa & permit:Swiss Kids & Pending Divorce by a Swiss Spouse

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The main problem is I doubt your spouse is going to agree to financially support you for a reunification permit. Why would they when you're going through less than amicable divorce proceedings? .......
Have you got any special skills that would appeal to Swiss employers that they can't find from Swiss/EU nationals?
You are correct. The likelihood of assistance from her is slim.

I have a professional athletic background and a decent coaching history. I am also in a competitive masters program so I have been casting my net far and wide for jobs around finance, marketing, sales that could accommodate permit sponsorship. Job+permit application and processing duration is long. I have exhausted savings and am getting desperate without employment.
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Old 14.02.2020, 13:58
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

I'm sorry to say you will not have much chance with this. It's not clear if the children are yours? If they are you will likely get a visa allowing you to enter to visit. If not, and unless you can get a job, I'm afraid you'll likely have to leave.
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Old 14.02.2020, 14:44
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

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.... It's not clear if the children are yours? If they are you will likely get a visa allowing you to enter to visit. .....
I am sorry if this is unclear. The children are mine.

1. Visiting from abroad particularly from developing nations is not as straight forward or easy for 3rd nation passport holders particularly for African developing nations. Chances of visa approval is always 50/50

2. By residing abroad, I am relenting. She wins custody by default. There are numerous bureaucratic implications one cannot control but will punish you regardless:

One amongst many examples:
- Nov. 2019 I contacted the Canton and received a standard response "..due to backlog, we will will contact you later". I have followed up thrice with the same standard response. There does not seem to be any discernible legal rights if one does not have ready access to Swiss courts and offices and where necessary on occasion legal representation
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Old 13.12.2020, 11:53
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Re: Family reunification visa & permit:Swiss Kids & Pendind Divorce by a Swiss Wife

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

Your family reunification permit waived this as far as employment went, but once you lose it you also lose that waiver.

If you are the main da to day carer for the children then maybe, maybe a permit might be granted on that basis.
UPDATE:
Joint custody has now been established.

I hold a temporary study permit B. With court documents, is it possible to convert this status to another long-term status permit specifically where employment is possible as Permit B has extremely limited employment options?
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