English Forum Switzerland

English Forum Switzerland (https://www.englishforum.ch/forum.php)
-   Permits/visas/government (https://www.englishforum.ch/permits-visas-government/)
-   -   Family reunification got rejected (https://www.englishforum.ch/permits-visas-government/297469-family-reunification-got-rejected.html)

Traktchu 30.03.2020 21:19

Family reunification got rejected
 
Family reunification
Hello everyone, recently my family reunification got rejected by Zurich immigration on the basis that my husband salary isnít enough. Even though he is working 100% in restaurant. He have a B permit. The immigration asked if I have work if I come in Switzerland, for that reply I wrote for the moment I donít have but once I get residence permit I will surely work and I have no planning to rely on social help. Plus that we have afriend(Swiss nationalalite)ready to help us financially until. I find job in Swiss if I get residence permit in Swiss.
they rejected our application and wrote we can fight back if we donít accept their decision . I donít know what shoul we do now, please guide us. My husband is finding more work so that we can live together , but because of the coronavirus outbreak it all goes wrong for the moment. Please guide us what can we do further to live together as one family. Our child is also growing day by day and I donít want he miss his father love n connection .

doropfiz 30.03.2020 22:06

Re: Family reunification got rejected
 
Just to be clear: is your husband in Switzerland, and are you and your child outside of Switzerland?

YuropFlyer 30.03.2020 22:26

Re: Family reunification got rejected
 
A restaurant job - unless you're a famous chef - isn't paying very well. Your skills are probably also not looking to good to the immigration authorities, and having a friend that might support you financially won't cut it either.

The Corona crisis has also hit restaurants extremely hard, and I can see the situation for your husband getting worse. And while the state throws out money left and right, I doubt that all business will survive, meaning lots of unemployed restaurant staff competing.

Now, not all is hopeless. You might want to learn a profession that is thought-after. Something like a nurse or elderly care - these jobs are always in high demand, not just now. Learning the local language (German, since you state Effretikon) will also be a big plus. A certificed elderly caretaker speaking B1 German with a husband holding a B permit - this would improve your chances by a huge margin. If your husband is getting close to apply for a C permit, I'd wait for that, since that would almost guarantee your visa being approved.

With a proper certification, possibly even authorized by the Swiss embassy, I'd say you got a proper chance. Fighting back right now? I think there are better options.

Traktchu 31.03.2020 20:57

Re: Family reunification got rejected
 
Quote:

Originally Posted by doropfiz (Post 3165494)
Just to be clear: is your husband in Switzerland, and are you and your child outside of Switzerland?

Yes.. me(wife ) and my son(2 years) lives in Paris and my husband he lives in Swiss.

Traktchu 31.03.2020 21:37

Re: Family reunification got rejected
 
Quote:

Originally Posted by YuropFlyer (Post 3165501)
A restaurant job - unless you're a famous chef - isn't paying very well. Your skills are probably also not looking to good to the immigration authorities, and having a friend that might support you financially won't cut it either.

The Corona crisis has also hit restaurants extremely hard, and I can see the situation for your husband getting worse. And while the state throws out money left and right, I doubt that all business will survive, meaning lots of unemployed restaurant staff competing.

Now, not all is hopeless. You might want to learn a profession that is thought-after. Something like a nurse or elderly care - these jobs are always in high demand, not just now. Learning the local language (German, since you state Effretikon) will also be a big plus. A certificed elderly caretaker speaking B1 German with a husband holding a B permit - this would improve your chances by a huge margin. If your husband is getting close to apply for a C permit, I'd wait for that, since that would almost guarantee your visa being approved.

With a proper certification, possibly even authorized by the Swiss embassy, I'd say you got a proper chance. Fighting back right now? I think there are better options.

Hello, as I have France residence permit of France so is it possible to learn a professional course like elderly caretaker in Switzerland ? I have applied for German language course but it also got cancelled because of coronavirus outbreak. Currently I am in Switzerland (visa free stay). So do I need to apply for visa to enter Switzerland once my free visa stay expire? My husband is going to apply for Permit C next year. The immigration office says I can object their decision within one month, and we have to bear expenses fees also. So if I accept their decision and wait until my husband gets permit C , is it possible to apply for family reunion again?
So many questions going in my head and I found valuable answer in this group. Thank you

Guest 31.03.2020 21:58

Re: Family reunification got rejected
 
Quote:

Originally Posted by Traktchu (Post 3165920)
Hello, as I have France residence permit of France so is it possible to learn a professional course like elderly caretaker in Switzerland ? I have applied for German language course but it also got cancelled because of coronavirus outbreak. Currently I am in Switzerland (visa free stay). So do I need to apply for visa to enter Switzerland once my free visa stay expire? My husband is going to apply for Permit C next year. The immigration office says I can object their decision within one month, and we have to bear expenses fees also. So if I accept their decision and wait until my husband gets permit C , is it possible to apply for family reunion again?
So many questions going in my head and I found valuable answer in this group. Thank you

It does not matter if your husband has B or C, if there is not enough income to support the family than an appeal or new request for a permit for you will fail.

doropfiz 31.03.2020 23:12

Re: Family reunification got rejected
 
Edwin is usually right in these things. So your husband's task is to work as hard as he can to make sure he is employed, to try to find ways to earn more. One of these might be to improve his German, if he does not already have a good command. He can also try to improve his marketable skills, perhaps by learning things online.

I understand that you are worried, as you have to face so many questions at once. In my next post, I'm going to try to separate the issues.

doropfiz 31.03.2020 23:17

Re: Family reunification got rejected
 
Quote:

Originally Posted by Traktchu (Post 3165920)
Hello, as I have France residence permit of France so is it possible to learn a professional course like elderly caretaker in Switzerland ? I have applied for German language course but it also got cancelled because of coronavirus outbreak. Currently I am in Switzerland (visa free stay). So do I need to apply for visa to enter Switzerland once my free visa stay expire? My husband is going to apply for Permit C next year. The immigration office says I can object their decision within one month, and we have to bear expenses fees also. So if I accept their decision and wait until my husband gets permit C , is it possible to apply for family reunion again?
So many questions going in my head and I found valuable answer in this group. Thank you

Well done for trying to find out how to do things the right way.

I can see that English is not your first language. In case you don't understand what is written here, you might find "google translate" and "deepl" a help.

My first piece of advice is:
Not staying in Switzerland
Do not do anything which is against the Swiss law. Do not stay in Switzerland unless you are allowed to stay. That would be bad for your reputation before the immigration authorities. That would make them consider your next application less favourably.

Going home to France
France is home for you and your son now, because that's where you have your residence permits.

Check whether you and your son are still allowed to travel from Switzerland into France. I think you will be, because you and he have residence permits there. But please check how the French laws work for entering France during this Corona crisis.

Check whether the transport is running between Switzerland and Paris. Can you get a bus/train/plane to get you home to Paris? If yes, do this.

Make sure that you leave Switzerland before your "visa-free stay" is over. Don't take any chances. As the transport back home to France might be less available during the Corona crisis, you might need to plan to leave Switzerland a few days before the last possible day. Plan ahead. Don't leave this to the last minute.

EDIT: If you cannot return to France because
a) the corona emergency laws of France will no longer let you in and/or
b) there is no means of transport to Paris,
then - and only then, I think - you can apply for a temporary extansion of your visa-free stay. In this case, write to the Swiss immigration authorities and explain a) and b) and ask for a limited extension because of those reasons.


Education in Switzerland
You cannot take courses or do training in Switzerland unless you have a valid permit to be here. You do not have this permit, so, no, sorry, you cannot register to go to any school here. You will also not be given a permit for the special purpose of going to school here.

Learning German while you are living in France
This is a very good idea. It will be the best preparation for your life in Switzerland, later on. Do it now. I'm sorry that your German course was cancelled. I advise you to try to learn German online or by working though one or two chosen learning books. There are many encouraging threads on this forum about how to learn German. Practice every day.

Learning an employable skill while you are living in France
If you already have any professionable or marketable skill, try to get recognition of that in France. If you do not, then learning to be a carer would be good, as this is much-needed work in Switzerland. If you can find out whether such courses are available, and if you can do them while you are living in France, that would be a good route to take.

Your husband's C Permit in Switzerland
Next year already? That's very good news. He should make sure he knows all the requirements, and be sure he will fulfil them. If he cannot already speak, understand, read and write German, he should practice this now, and get the language certificate he might need for his C-Permit application, so that his application will be approved.

Your Permit in France
Make sure that you know all the requirments, and be sure to fulfil them. Do what the French government needs of you to keep that permit. First do what you must to do keep whatever stability you have in Paris.

Next, find out whether, with the type of French permit you have, you would be allowed to move to closer to the Swiss border. Don't try to make such a move during the corona crisis. But find out whether you can do it, later, and still keep your permit, and whether you could be sure of finding a job and still earning enough money to support yourself and your son. If you can, then at least when the borders are open again, it will be easier for you and your husband to visit each other.

Overall summary
When you return to France, you will not be allowed to return to Switzerland until the Corona crisis is over. The Swiss borders are closed for everyone who is not a) Swiss or b) resident (with a permit) in Switzerland.
BUT, take courage, the Corona crisis will not last forever. We do not know how long it will last, and we do not know how long it will take, afterwards, for government offices to be working normally. There will certainly be a delay in processing permits.

This means that, sadly, when you leave now, you might not see your husband for a few months. If your son is old enough, try to explain that to him, and how you and his daddy are going to keep in touch.

And AFTERWARDS (and take courage, there WILL be an afterwards), things will slowly get back to normal, and then you will, once again, be allowed into Switzerland for another visa-free visit.

And later, when your husband has his C-Permit, and especially once his financial situation has improved, you and he can apply for family reunification again. By then, you will be able to demonstrate, too, that you have already made progress in German, and are doing what you can to become more employable.

Traktchu 01.04.2020 13:35

Re: Family reunification got rejected
 
Quote:

Originally Posted by doropfiz (Post 3165955)
Well done for trying to find out how to do things the right way.

I can see that English is not your first language. In case you don't understand what is written here, you might find "google translate" and "deepl" a help.

My first piece of advice is:
Not staying in Switzerland
Do not do anything which is against the Swiss law. Do not stay in Switzerland unless you are allowed to stay. That would be bad for your reputation before the immigration authorities. That would make them consider your next application less favourably.

Going home to France
France is home for you and your son now, because that's where you have your residence permits.

Check whether you and your son are still allowed to travel from Switzerland into France. I think you will be, because you and he have residence permits there. But please check how the French laws work for entering France during this Corona crisis.

Check whether the transport is running between Switzerland and Paris. Can you get a bus/train/plane to get you home to Paris? If yes, do this.

Make sure that you leave Switzerland before your "visa-free stay" is over. Don't take any chances. As the transport back home to France might be less available during the Corona crisis, you might need to plan to leave Switzerland a few days before the last possible day. Plan ahead. Don't leave this to the last minute.

EDIT: If you cannot return to France because
a) the corona emergency laws of France will no longer let you in and/or
b) there is no means of transport to Paris,
then - and only then, I think - you can apply for a temporary extansion of your visa-free stay. In this case, write to the Swiss immigration authorities and explain a) and b) and ask for a limited extension because of those reasons.


Education in Switzerland
You cannot take courses or do training in Switzerland unless you have a valid permit to be here. You do not have this permit, so, no, sorry, you cannot register to go to any school here. You will also not be given a permit for the special purpose of going to school here.

Learning German while you are living in France
This is a very good idea. It will be the best preparation for your life in Switzerland, later on. Do it now. I'm sorry that your German course was cancelled. I advise you to try to learn German online or by working though one or two chosen learning books. There are many encouraging threads on this forum about how to learn German. Practice every day.

Learning an employable skill while you are living in France
If you already have any professionable or marketable skill, try to get recognition of that in France. If you do not, then learning to be a carer would be good, as this is much-needed work in Switzerland. If you can find out whether such courses are available, and if you can do them while you are living in France, that would be a good route to take.

Your husband's C Permit in Switzerland
Next year already? That's very good news. He should make sure he knows all the requirements, and be sure he will fulfil them. If he cannot already speak, understand, read and write German, he should practice this now, and get the language certificate he might need for his C-Permit application, so that his application will be approved.

Your Permit in France
Make sure that you know all the requirments, and be sure to fulfil them. Do what the French government needs of you to keep that permit. First do what you must to do keep whatever stability you have in Paris.

Next, find out whether, with the type of French permit you have, you would be allowed to move to closer to the Swiss border. Don't try to make such a move during the corona crisis. But find out whether you can do it, later, and still keep your permit, and whether you could be sure of finding a job and still earning enough money to support yourself and your son. If you can, then at least when the borders are open again, it will be easier for you and your husband to visit each other.

Overall summary
When you return to France, you will not be allowed to return to Switzerland until the Corona crisis is over. The Swiss borders are closed for everyone who is not a) Swiss or b) resident (with a permit) in Switzerland.
BUT, take courage, the Corona crisis will not last forever. We do not know how long it will last, and we do not know how long it will take, afterwards, for government offices to be working normally. There will certainly be a delay in processing permits.

This means that, sadly, when you leave now, you might not see your husband for a few months. If your son is old enough, try to explain that to him, and how you and his daddy are going to keep in touch.

And AFTERWARDS (and take courage, there WILL be an afterwards), things will slowly get back to normal, and then you will, once again, be allowed into Switzerland for another visa-free visit.

And later, when your husband has his C-Permit, and especially once his financial situation has improved, you and he can apply for family reunification again. By then, you will be able to demonstrate, too, that you have already made progress in German, and are doing what you can to become more employable.

Thanks a lot. It really helped me to calm n think practically. I THOUGHT that if we accept immigration letter of rejection than we can never apply for family reunification again in LIFE. Itís a great relief than I can apply again for family reunification once my family situation gets better in future. (Husband finds better job and my German language and job). Greetings to you. Stay home stay safe

doropfiz 01.04.2020 13:37

Re: Family reunification got rejected
 
Thank you.

For information about travelling from Switzerland to France, you might find Blueangel’s posts, here, useful. She is a reliable source of information as she really does know a lot about travel.

https://www.englishforum.ch/3165341-post12.html
about air travel

https://www.englishforum.ch/3165717-post15.html
about train travel

Blueangel 01.04.2020 20:41

Re: Family reunification got rejected
 
Quote:

Originally Posted by doropfiz (Post 3166122)
She is a reliable source of information as she really does know a lot about travel.

Travel, yes, but not visas and health insurance during a pandemic situation. Even under normal circumstances, if someone's visa application pack was 14 days old, I'd send them a new one because that's how frequently such things can change. In these circumstances, what we say now as correct is likely invalid within 12hrs.

Personally, I wouldn't be advising anyone to use public transport for such a long land trip at this time, and would assume that the OP had a return train or flight ticket already booked when they entered Switzerland.

I would have thought that the first point of reference would be Migrationsamt to ask if it would be possible to extend the current 90 day visa free status without incurring repercussions further down the line. But there's still the issue that the OP may not have health insurance for Switzerland. This isn't a travel issue in the getting from A to B sense.

doropfiz 01.04.2020 21:13

Re: Family reunification got rejected
 
Yes, Blueangel, I meant my reference to you with regard to the transport only.

I hope that Traktchu has managed to work out her return jouney. I'd hate to be trying to work out flights, now, or any other means of transport.

I presume (hope) that France will let her and her son return there, since that's where they have permits..

Quote:

Originally Posted by Blueangel (Post 3166319)
I would have thought that the first point of reference would be Migrationsamt to ask if it would be possible to extend the current 90 day visa free status without incurring repercussions further down the line. But there's still the issue that the OP may not have health insurance for Switzerland.

Even if the Swiss Migrationsamt would let her extend here (which I'd think would be done ONLY if she really could not return to France) there's also the French permit to consider. @Traktchu, don't stay out of France longer than your French permit allows, so that you don't lose that.

doropfiz 04.04.2020 23:49

Re: Family reunification got rejected
 
See also: https://www.englishforum.ch/3167593-post26.html

Traktchu 07.04.2020 23:19

Re: Family reunification got rejected
 
Quote:

Originally Posted by Traktchu (Post 3166120)
Thanks a lot. It really helped me to calm n think practically. I THOUGHT that if we accept immigration letter of rejection than we can never apply for family reunification again in LIFE. Itís a great relief than I can apply again for family reunification once my family situation gets better in future. (Husband finds better job and my German language and job). Greetings to you. Stay home stay safe

Thank you doropfiz for ur guidance. I am so afraid to travel during this pandemic period with my toddler ,so I requested immigration office to extend my stay and thankfully it has been accepted today until end of July. Thanks to one and all.:))

doropfiz 07.04.2020 23:36

Re: Family reunification got rejected
 
Thank you for coming back to let us know. That is excellent news, in terms of you and your son's being able to stay here in Switzerland with your husband, during the crisis.

I recommend that you enquire about the rules of France, too, and the conditions you must fulfil there to keep your French permit.

Perhaps you will need to write to the migration authorities in Fance to state that you intend to return, that you wish to keep your permit, that you are currently unable to travel and have had the permission to stay extended by the Swiss authorities - temporarily- after which you will be returning to France.

I don't know whether this is the right advice or not. But I am certain that you should find out the French requirements, for you to be allowed to keep your French permit, even though you are now going to stay outside of France for longer.

You cannot assume that, because the Swiss government has granted you a special exception, they will grant you another one. Therefore, please try to do whatever is needed so that you do not lose your French permit.


All times are GMT +2. The time now is 09:05.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0