Hi,

I was browsing through the forum/ the OCPM website but could not find a final answer to exactly this question.
If someone enters Switzerland from a non-EU/ EFTA country for family reunification with Swiss husband (formula M submitted end September)
Can the person start to work before the permit arrives as s/he was married to a Swiss person before she entered the country and came for reunification?
Or should wait till permit arrives as 3rd country national? What rule applies here?
Can I find it somewhere on the SEM website?

Thanks a lot!

From where they come to Switzerland is not as relevant as what nationality they have. Normally a 3rd national must get a visa D to enter Switzerland not as a short term tourist. This even applies if they are from an otherwise visa free country (exception might apply in case of citizens from Malaysia etc.). When the visa D is granted the respective permit is usually also issued and only has to be picked up once in Switzerland.

Exception would be an marriage visa. In that case only the visa is issued and one can apply for a permit after the marriage.

__________________
"Okay, I just hope we don't wake up on Mars or something surrounded by millions of little squashy guys."

thank you.
The nationality is also non EU/EFTA, but already married to a Swiss person. So she applied for a B permit; but the question is whether its possible to start to work before this permit arrives.
If she would not be married to a Swiss person then the answer would be a clear no; but in this case I'm not sure.

Until the permit is approved, you can't work, simple as that. It could be the Swiss might think the marriage was a sham for example just to get you into the country and so they'd refuse to issue a permit and you'd be working illegally.

I don't have a SEM link but here's my line of thinking.

I don't think the spouse can start work before the permit is issued or at least not before it has been approved.

The reunification permit is what allows the employer to hire the person without fulfilling special criteria normally required in order to hire non-EU persons. How would the employer be sure of which rules to follow if there's no permit approved yet?

Without the permit approval, technically the person would fall under non-EU hiring rules.

That's not exactly the same as having the permit issued but I think you get the idea.

Edit - Medea types faster and is less wordy

The physical permit merely acts as a document of evidence but those not grant any rights in itself. Accordingly the law speaks of the "Aufenthaltserlaubnis" on one side, the actual right to reside and work in Switzerland, and the "Ausländerausweis" which translates into "Foreigner ID" on the other side which is the physical permit.

The right to work exists w/o the physical permit to be present. But an employer might want to see the physical permit before a foreigner is employed. An employer might also accept other proofs that a permit has been granted but no physical card has been issued yet. The permit is usually granted at the same time as the visa D is granted.

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"Okay, I just hope we don't wake up on Mars or something surrounded by millions of little squashy guys."

very useful thank you!

Thank you so much! I'm the would be employer and I would love to employ the person but only when and if its fully legal- ie when she is authorized to work..
What confused me was that she told me that she went to the OCPM and was told that given she has a Swiss husband she is ok to work before the permit arrives - but there is nothing in writing so I will stay on the safe side and wait till her permit arrives..

Thank you! Makes perfect sense.

"I'm the would be employer and I would love to employ the person but only when and if its fully legal"


Sounds like a scam, employ he/she..? Employed by their spouse before proper Swiss process that everyone follows. Little hard to follow who's actually posting from this account. 1st post starts with I 'm on extended maternity leave.

That was 2017

Hi Everyone,

so I wanted to give an update. Today we went together to the OCPM to ask for their guidance as was told the following:

1. as she is a 3rd country national she cannot start to work before her permit arrives. This is not changed by the fact that she is married to a Swiss person and came for family reunification.

2. There is one way to go around it; the potential employer can fill in the formula M under point 8; and can request a provisional authorization to work referring to the already in place permit request.
The OCPM will then decide whether they grant this before the permit arrives, and inform the potential employee via courier. Again this can take for quite some time..

Hope it helps someone..