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Old 19.01.2021, 06:58
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Non-EU Spouse Visa

Hi All,
Need some advice.
I intend to apply for a spouse /family reunification Visa (Visa D), before applying fo that got some questions, would appreciate if someone can guide
1.How long that visa is valid?
2.My understanding is Visa D holder is allowed to work, Can you work for any company?
3.What documents will be required for renewal of visa D (temporary permit B I think)
If for some reason your marriage relationship is ended/expired, will your visa (Permit B) be continued or will be expired?
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Old 19.01.2021, 23:12
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Re: Non-EU Spouse Visa

Welcome to the Forum. First things first - get your terminology straight and it will make things easier to understand.

In Switzerland, a visa is only used to enter the country. If you're moving here for a job, then it's a D-visa. Since the visa is only used for entry into the country, it's usually valid for 30 days.

To stay and work here, you need a residence permit. That's usually L or B, depending on quotas and the length of your job contract. Most of these permits for non-EU citizens are valid for one year. Neither you nor your employer chooses whether you receive L or B. The migration authorities determine that.

Your employer needs to request family reunification as part of their paperwork submitted to the migration authorities. If approved, you and your spouse will both have the D-visa stamped in your passports and have a certain amount of time to enter Switzerland. Once here, you'll register at the local municipality.

As a non-EU citizen, you can't simply move here to look for work. Again the D-visa is only for entry, and it's only issued after you have been approved for a residence permit based on having a job. Employers have to fulfill certain criteria in order to hire you. In particular they have to prove they could not find a Swiss or EU citizen for the job. In many cases, your permit is tied to the company that went through the effort to hire you, and you can't then go work for a different company whenever you want. You have to ask for permission to change jobs and the new employer also has to prove they couldn't find a Swiss or EU citizen to do the job.

The authorities will let your employer know what documentation is needed. The most common items are copies of birth certificates (issued within the past 6 months and not older), marriage certificate, job contract/proof of income, and proof of sufficient accommodation. You may also need a criminal record extract. Renewal paperwork is similar. Your employer needs to sign some paperwork and you have to submit language certificates, debt record extract, etc.

Normally one spouse is the main permit holder and the other is the dependent. Not all non-EU dependent permits allow working. You might be sensing a theme here...it requires permission from the authorities.

If the couple divorces, the dependent spouse has no right to stay. However the dependent spouse could apply for an independent permit based on good integration, ability to support him/herself financially, etc.

Good luck, it sounds like you have more homework to do before this becomes a reality.
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Old 20.01.2021, 07:50
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Re: Non-EU Spouse Visa

To add to the above. This is the non-EU hiring criteria

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

Not sure if you/your partner already have a Swiss permit or whether you're asking about family reunification as part of the permit application.

Family reunification

https://www.ch.ch/en/family-reunification

You're confusing the Type D visa, which is only for entry into Switzerland for more than the 90 day tourist limit, with a Swiss residence permit. It's the latter that allows you to live/work here; the visa will not be put into your/their passport until the family reunification permit has been approved.

As for working, the dependent can work for any company; they're not limited by the non-EU hiring criteria. However, if divorce happens then the dependent may or may not be able to stay here, depending on the following:

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

In which case the employer may need to apply for an independent permit and they may decide it's not worth their time/effort to do so since said permit would fall under the non-EU hiring criteria.
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