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-   -   Family Reunification (https://www.englishforum.ch/permits-visas-government/296848-family-reunification.html)

weltreisender 20.02.2020 16:10

Family Reunification
 
Hello Community!

I am new to the forum, and the information here has been really helpful.

Now I am moving to Switzerland (really looking forward to a long-term stay and integration) and have a few questions. Me and my spouse are both Non-EU. My spouse has been working in CH under an L permit which will expire in July (18-month contract). I recently got my work visa approved with a permanent contract and I'm moving in April. We are both highly qualified professionals.

1. Which is the earliest we can apply for family reunification (taking into account that we already signed the contract for our apartment and its valid from 1st of March)?:..Since April? From now? Or until I get the physical residence card? Or after my 3-month “Probezeit”?

2. Which is the earliest you can register with the Kreisburo?

3. If you are waiting for a permit decision, how long (if possible) can you legally stay in Switzerland after your permit has expired?

4. Is it possible to have 2 primary permits in a family, if both go through the non-eu process? Are there any advantages on family reunification compared to two primaries?

5. If my spouse finds a job with a permanent contract before we apply for family reunification, is it worth applying for a permit through the standard non-eu process?

We are trying to find answers with the authorities but any thoughts/experiences will be highly appreciated.

NichtsBesonders 20.02.2020 18:55

Re: Family Reunification
 
Quote:

Originally Posted by weltreisender (Post 3149983)
Hello Community!

I am new to the forum, and the information here has been really helpful.

Now I am moving to Switzerland (really looking forward to a long-term stay and integration) and have a few questions. Me and my spouse are both Non-EU. My spouse has been working in CH under an L permit which will expire in July (18-month contract). I recently got my work visa approved with a permanent contract and I'm moving in April. We are both highly qualified professionals.

1. Which is the earliest we can apply for family reunification (taking into account that we already signed the contract for our apartment and its valid from 1st of March)?:..Since April? From now? Or until I get the physical residence card? Or after my 3-month “Probezeit”?

2. Which is the earliest you can register with the Kreisburo?

3. If you are waiting for a permit decision, how long (if possible) can you legally stay in Switzerland after your permit has expired?

4. Is it possible to have 2 primary permits in a family, if both go through the non-eu process? Are there any advantages on family reunification compared to two primaries?

5. If my spouse finds a job with a permanent contract before we apply for family reunification, is it worth applying for a permit through the standard non-eu process?

We are trying to find answers with the authorities but any thoughts/experiences will be highly appreciated.

1. I advise you to ask the migration office of the respective canton since this can vary a lot between cantons and depending on the unique circumstances of your two cases.
2. On the first day of the validity of your D visa, provided you enter Switzerland on that day. :)
3. So assuming your wife applies for family reunification as soon as you move in and she still has a valid L permit, she'll be allowed to stay until the decision is made even if her current permit expires in the meantime.
4. Yes, my family is in such a situation. No, having one permit depend on another is strictly worse that two independent ones. An independent L/B permit can be converted to a dependent one should one of you lose a job, but not vice versa; also a dependent permit cannot be made primary in case the primary holder loses it.
5. Yes, sure, it's always better to have more options than less.

weltreisender 20.02.2020 21:54

Re: Family Reunification
 
Quote:

Originally Posted by NichtsBesonders (Post 3150044)
4. Yes, my family is in such a situation. No, having one permit depend on another is strictly worse that two independent ones. An independent L/B permit can be converted to a dependent one should one of you lose a job, but not vice versa; also a dependent permit cannot be made primary in case the primary holder loses it.

Thank you for your reply. And in your case, both were married and then each one got their own permit?

Quote:

Originally Posted by NichtsBesonders (Post 3150044)
5. Yes, sure, it's always better to have more options than less.

Not sure, but probably you have a different case, but from the law point of view, is it legal to be married and apply for another primary permit? Is there a chance that the authorities will decline it because one can get the right of residence and work from the spouse?

roegner 21.02.2020 06:21

Re: Family Reunification
 
Quote:

Originally Posted by weltreisender (Post 3150078)
Thank you for your reply. And in your case, both were married and then each one got their own permit?


Not sure, but probably you have a different case, but from the law point of view, is it legal to be married and apply for another primary permit? Is there a chance that the authorities will decline it because one can get the right of residence and work from the spouse?

You cannot apply for a primary permit under family reunification. Either you find a job as a non EU and the permit that comes with it, or you have family reunification.

weltreisender 21.02.2020 09:57

Re: Family Reunification
 
Quote:

Originally Posted by roegner (Post 3150114)
You cannot apply for a primary permit under family reunification. Either you find a job as a non EU and the permit that comes with it, or you have family reunification.

What I meant is if even before applying for family reunification, if its possible/allowed to apply first through non-eu even if you have the option to get the permit also through family reunification. Do you know if its possible?

NichtsBesonders 21.02.2020 14:07

Re: Family Reunification
 
Quote:

Originally Posted by weltreisender (Post 3150078)
Thank you for your reply. And in your case, both were married and then each one got their own permit?

No, we were both living in Switzerland on independent permits for a while (I had a C already, my wife still had a B) and then married here. They actually tried to make my wife's permit dependent on my C permit after the marriage but we successfully pushed back. She'll get her own C next year anyway. :)

Quote:

Not sure, but probably you have a different case, but from the law point of view, is it legal to be married and apply for another primary permit? Is there a chance that the authorities will decline it because one can get the right of residence and work from the spouse?
It's not illegal per se, but expect the migration and labor offices to push back against it because it certainly not common and unnecessary from their point of view. Also expect pushback from any prospective employer because an independent non-EU hire is a truckload of headache for them while hiring a person on a dependent permit is effortless. Maybe retain a lawyer to talk to the authorities if you find a willing employer.

But that's only if your wife finds a job after she switches to a family reunification-based permit. I don't see any problem with pursuing both simultaneously or better yet, waiting for a bit with applying for reuinifcation if there's a prospective offer on the horizon for her (getting all the approvals for an independent non-EU hire can take months, so don't delay the family reunification for too long).

weltreisender 21.02.2020 18:32

Re: Family Reunification
 
Quote:

Originally Posted by NichtsBesonders (Post 3150180)
No, we were both living in Switzerland on independent permits for a while (I had a C already, my wife still had a B) and then married here. They actually tried to make my wife's permit dependent on my C permit after the marriage but we successfully pushed back. She'll get her own C next year anyway. :)



It's not illegal per se, but expect the migration and labor offices to push back against it because it certainly not common and unnecessary from their point of view. Also expect pushback from any prospective employer because an independent non-EU hire is a truckload of headache for them while hiring a person on a dependent permit is effortless. Maybe retain a lawyer to talk to the authorities if you find a willing employer.

But that's only if your wife finds a job after she switches to a family reunification-based permit. I don't see any problem with pursuing both simultaneously or better yet, waiting for a bit with applying for reuinifcation if there's a prospective offer on the horizon for her (getting all the approvals for an independent non-EU hire can take months, so don't delay the family reunification for too long).

Thank you for your great input NichtsBesonders!

So, if the current employer would be willing to do the non-eu process, and if in worse case it is denied, we can still do the family reunification, right? So there is no hard limit on the amount of times (with different paths) a permit can be denied after which there is no possibility to apply again?

weltreisender 29.02.2020 14:31

Re: Family Reunification
 
Quote:

Originally Posted by roegner (Post 3150114)
You cannot apply for a primary permit under family reunification. Either you find a job as a non EU and the permit that comes with it, or you have family reunification.

Hey Roegner, do you know if its possible that, if the employer is willing to go through the non-eu process, and if its denied, is it still possible to apply immediately after through family reunification? Or is there any limit on the times you can apply for a permit (through different processes, i.e non-eu, family reunification, etc)?


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