Hi everyone,

I, EU-8 national living in Switzerland with permit B, married on EU-8 national who do not live in Switzerland. I want to apply for VINTA. I fulfill all criteria, the only thing that confuses me is that according to Merkblatt, all family members should fulfill language criteria:
Does this mean that my wife should also fulfill this criteria even if she lives abroad?

My Migrationsamt adviced me that it is not the case, it is required only if she lives in Switzerland.

I have also found this:
So if I live in Switzerland but my wife don't and I'm applying for VINTA, they shouldn't check her language knowledge unless she moves here?
Can someone quote me the law regarding this case (sorry I couldn't find it, the more I read laws the more I'm puzzled)?
Maybe someone had already such case?

Thanks in advance

No... only if she lives here an also wants a C-permit

but what if she would not come to Switzerland at all? Btw, law says about all family members above 12 years old (aller Familienangehörigen, die älter als zwölf Jahre sind). Does this mean also my parents, brothers and sisters as well?
[q]Bei Familienangehörigen handelt es sich, der offiziellen Definition nach, um Ehegatten oder Verlobte, Verwandte sowie Verschwägerte gerader Linie, (Halb-) Geschwister, Neffen und Nichten, Onkel und Tanten sowie Pflegeeltern und -kinder.[/q]
Then I have no chance at all... They don't live in Switzerland and never would.

Another question. I found this PDF on official SEM website:
So basically it says that both partners must have just A2. And this goes for VINTA, not for regular C application. Moreover, if partner goes to language school, (s)he shouldn't prove language skills at all. How relevant this information is? Is it outdated or actual? It's on official SEM website...

In my understanding, requirements for familly members are only valid if they live in CH and are applying for C permit together with you. Otherwise, it has no relavance for you as you apply for yourself only (if I understood you correcy).

Sorry, I cannot edit post and I got wrong about language school, it's about normal school instead.

But yet, A2 info is still interesting. Because according to more recent laws it is required B1 for VINTA... who is right? In what case one can have A2 for VINTA? or it is just outdated info that for some reason not removed from official website yet?

No idea what EU-8 is, I am from the "old EU", have a C permit and husband does not live in Switzerland. Nobody asked for his language skills.



Just read what IM said

Are you dumb? I said if your family DOESN’T live here and AREN’T applying for the C permit, their language ability DOES NOT MATTER!

Yes, it seems logical to me as well, and officials in my Migrationsamt confirmed that as well.

Yet, I didn't find anything in laws regarding this, only legal case posted above. Law just says that all family members must apply not specifying if they live in Switzerland or not. That's why I'm a bit confused.

Why the h would someone apply for a permit when he/she does not live here?

Sorry, I reread your message, for some reason I got interprited it wrong first time. Attentiveness is not my strong part

My bad, thanks.

First, VINTA is no longer the correct designation for early C based on good integration. Since 2018 this is directly regulated by the FNIA and its ordinance the VZAE.


No exactly right. The only she if lives here part is correct. The also wants C part is incorrect.
If any one of the family wants an early C based on good integration the other members of the family living in the same household must also fulfill some of the integration criteria in particular a minimum language proficiency.

The part with "lives in the same household" is not explicitly stated in the act or ordinance. As your court decisions shows family members living abroad should only taken into account if there is a direct relationship with the applicant integration.

__________________
What?

Because for early C based on good integration it does not mater if the family members also apply or not. What is so hard do understand about that?