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Old 09.03.2021, 00:51
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time in CH/Schengen after B/L expiry

Can you stay in Switzerland or in Schengen a short time after your B or L permit expires? I heard somewhere 90 days, is that true? Do you need some sort of departure visa for this?

A few years ago, I, EU citizen was working in Switzerland on a B work permit and my spouse, non-EU citizen was with me also on a B family unification permit. We left Schengen two days after the end of my work contract, which was also the expiry date of our B permits. (I don't think you can get them for longer than the work contract, can you?) My non-EU spouse was detained at the Schengen border (Frankfurt) for overstaying the permit by 2 days, then let go with a stern warning not to do it again.

What should we have done differently to get permission to stay 2 days after the end of the work contract? Leaving Schengen on the last day of work is not really feasible because one still has to work that day and most flights are in the morning.

Now we want to go again, but this time, we would like to stay for 2 more months after the end of my work contract, at least in Schengen, if not in Switzerland. Is this possible? Would we need to apply for an economically inactive permit for those two months? Or go to my EU country and take up residence there for 2 months and get a family unification permit there for my spouse?

Our plan after those 2 months is to leave Schengen permanently. I don't know if we will have a B or L permit this time because the contract is slightly less than 12 months.
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Old 09.03.2021, 06:34
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Re: time in CH/Schengen after B/L expiry

I assume she's one of those nationalities that needs a tourist visa to visit Switzerland/Schengen and that's what she'll need to apply for again when the permit expires. That would allow here to be in Switzerland/Schengen for up to 90 days.

And if the contract is for less than a year, it'll probably be an L.

Also remember she'd need to apply for a Type D visa to enter Switzerland for more than 90 days too when you come back here.
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Old 09.03.2021, 11:08
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Re: time in CH/Schengen after B/L expiry

For the first question, did you show the deregister letter from CH when you passed by passport control on Frankfurt or just an expired permit?

For your second question. It all depends on your wife's passport. If it's a 90 or 180 day visa-free stay in Schengen as tourist, just ask a deregister document at gemeinde/commune mentioning a future departure date comprising tourist days allowance. Better if you show the departure plane tickets with that date. If the passport requires a visa to enter CH as tourist, I guess you'll need to apply for tourists status....but not sure if it's possible to do it from Switzerland. In any case, ask your gemeinde/commune about deregistering and staying a few days after work permit expires.
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Old 10.03.2021, 14:37
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Re: time in CH/Schengen after B/L expiry

Thanks Axa and Medea Fleecestealer.

My spouse is Canadian, so no tourist visa, but we know about the D visa needed to arrive for the longer stay.

The deregistration letter, thanks, I did not think of that! We did deregister and we had the deregistration confirmation letter from the commune, but the border police did not ask for it and it did not occur to me to show it. We only showed the expired permit. So presumably the letter should have been sufficient?

For our upcoming trip, we would still have a problem because we wish to travel a bit after moving out of our apartment and thus the date on our deregistration letter. But in the worst case I guess we could have that vacation somewhere outside of Schengen. UK, Ireland, Croatia.

Also, I will follow your advice about discussing it with the commune ahead of time, rather than waiting to discuss it with the border police. Depending on the details, I might also talk to the consulate of my EU country. They have been friendly and helpful in the past.
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