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Old 11.04.2021, 12:13
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Permit B for Non-EU after Divorce

Hello,

Hope you all are doing great. I'm currently in this situation and would need your help.

I'm a non-EU citizen and came to Switzerland and got married to my Swiss partner around three years ago. Since the beginning we have been living together, I'm employed and learned German (now at C1 level). Due to various reasons, we are thinking about getting divorced. However, I would like to stay in Switzerland and continue to work here. The end goal is for me to get a C Permit after five years so I don't have to go through this renewal process every year. I have read online some requirements for me to stay here:

1. Married and lived together for at least three years -- Check
2. Integrated -- I would say yes but it doesn't depend me; or
3. important personal circumstances.

I would say my situation satisfy the first two points. However, I will most likely move out of this canton to another one, would this hinder my chance to get a permit B renewal in the coming years? Or am I supposed to stay in this canton until I could get a permit C? I read somewhere that the 5-year clock will restart if I move to another canton, not sure if this is true?

If we get divorced, will the 5 year minimum rule to get Permit C still apply in my situation, since we will be divorced? Or will this process take 10 years?

Based on my understanding, the ideal situation after divorce is to stay in this canton for another 2 years until I get a permit C then move to another one?

Any possibility to move before 5 years?

Thank you for your help in advance!!!
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Old 11.04.2021, 13:00
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Re: Permit B for Non-EU after Divorce

Looking at your other thread I see you were working in the French speaking part. Were you going home to Aargau every night or were you staying in the French part for months at a time? Because part of 1) is that you live together and the Swiss may see that as not fulfilling that requirement.

If you get a new B permit after the divorce then moving to a new canton shouldn't be a problem, though you'd have to apply for a new B permit there.

https://www.legalexpat.ch/the-fast-t...rmit-anticipe/
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Old 11.04.2021, 13:19
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Re: Permit B for Non-EU after Divorce

Is your b-permit based on family reunion?

If so, you will lose it if you divorce.

Tom
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Old 11.04.2021, 20:37
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Re: Permit B for Non-EU after Divorce

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Is your b-permit based on family reunion?

If so, you will lose it if you divorce.

Tom
And if you lose that permit, any employer would have to go through a more difficult process to hire you as a non-EU on your own. A reunification permit makes hiring much easier.
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Old 11.04.2021, 21:20
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Re: Permit B for Non-EU after Divorce

Not necessarily as the OP points out. If the marriage lasted at least 3 years, they lived together during that time and they can prove they are well integrated into Swiss life they may be granted a permit.

"Persons from non-EU/EFTA states
A divorced spouse’s or a child’s existing residence permit may be extended provided:

the marriage lasted at least three years in Switzerland and the spouse / family lived together; and
the persons concerned are successfully integrated in Switzerland (unblemished reputation, respect for Swiss constitutional values, knowledge of the language spoken at their place of residence, willingness to work or to train for a job) or
important personal circumstances make it necessary to continue living in Switzerland (e.g. persecution in their home country)."

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