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Old 31.01.2021, 20:59
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[GE] EU-national B-Permit marriage to Non-EU

Hi all, apologies if this question has been answered in the past

I am a Hungarian national residing in Geneva on a B permit since 2016. My girlfriend is a Hong Kong national/resident & British National Overseas (BNO) Passport holder.

After being unable to see each other since March 2020 due to Covid travel restrictions, we applied for her to enter CH via the process for Unmarried Couples and she quickly received a "laisser-passez". She arrived on 31/12/20 using her BNO passport and received the standard Schengen tourist visa (90/180 days).

We've now now decided to get married in Switzerland, as the plan is to stay here long-term. However, we want to avoid if possible a return trip to HK...as we don't want to risk being separated again due to new Covid restrictions or political developments in HK...such as recent announcement they will no longer recognize BNO in HK.

What are the steps we need to take for her to stay here? Can she apply for a National Stay Visa (>90 days) while we begin the marriage process with the l’office de l’état civil (GE)? As a BNO holder she is entitled to consular services by the UK, so should she make the request with the Swiss Embassy in London or can we do it directly with the Office Cantonale de la Population et Migrations in Geneva? How long should we expect the process to take until she is issued a B Permit (as the spouse of a resident B-Permit holder)?


Thanks in advance for the replies!
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Old 31.01.2021, 21:26
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Re: [GE] EU-national B-Permit marriage to Non-EU

You can try applying for a fiancée permit which would allow her to stay here and help with the wedding preparations, but I think you need a definite wedding date for that.

https://www.ch.ch/en/civil-wedding-ceremony/

The problem may be any official paperwork she may need like a birth certificate, etc.

https://www.englishforum.ch/family-m...itzerland.html
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Old 31.01.2021, 23:12
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Re: [GE] EU-national B-Permit marriage to Non-EU

Why do you stress she is a BNO so much? It makes no difference whatsoever to the situation (marriage and subsequent family reunion of an EU citizen with a B permit and non-EU, Hong Kong national, spouse). Even pre Brexit only passports marked BRITISH CITIZEN (so not BNOs) were eligible for free movement of people in Switzerland.
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Old 31.01.2021, 23:26
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Re: [GE] EU-national B-Permit marriage to Non-EU

Start the marriage process right now whilst she still has 2 months left on her Schengen visa. They should be able to advise you then on applying for a fiancé visa.

If that proves a problem, when her Schengen visa expires, she should go to the UK and wait for you to get everything sorted, if she does not want to return to HK (wise I think) due to the BNO situation.

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Why do you stress she is a BNO so much? It makes no difference whatsoever to the situation (marriage and subsequent family reunion of an EU citizen with a B permit and non-EU, Hong Kong national, spouse). Even pre Brexit only passports marked BRITISH CITIZEN (so not BNOs) were eligible for free movement of people in Switzerland.
Because things are really shitty for BNO's in HK right now.
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