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-   -   Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swiss? (https://www.englishforum.ch/permits-visas-government/303735-non-eu-married-swiss-abroad-does-facil-nat-process-change-if-we-move-swiss.html)

Stroopfcandy 20.04.2021 17:26

Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swiss?
 
Hi guys,

I've been married to my Swiss-romande wife for about 4 years now, we're looking to move back to Switzerland as her job is planning to transfer her to the Zurich area.
I'm wondering here if this will impact the facilitated process.
Initially, I thought this was 6 years overall abroad but now I'm a bit confused with all the post I have seen about how the process goes if we are there.
Will we need to wait another 5 years before applying or is our marriage time accounted for in total?

Also, if she moves and I stay in Germany for work, will this count negatively towards our situation? We'd like to move to Switzerland but it always seems to be a "won't consider you for a job without a permit" situation that we're trying to avoid until then.

Thanks for the help!

nickatbasel 20.04.2021 17:40

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
The facilitated process is described in detail here:

https://www.zh.ch/de/migration-integ...tml#-792208150

You need to have been at least 5 years in Switzerland, be able to speak a national language among other things.

I suggest you read the above page for all the details.

Rgds,
Nick
Quote:

Originally Posted by Stroopfcandy (Post 3298208)
Hi guys,

I've been married to my Swiss-romande wife for about 4 years now, we're looking to move back to Switzerland as her job is planning to transfer her to the Zurich area.
I'm wondering here if this will impact the facilitated process.
Initially, I thought this was 6 years overall abroad but now I'm a bit confused with all the post I have seen about how the process goes if we are there.
Will we need to wait another 5 years before applying or is our marriage time accounted for in total?

Also, if she moves and I stay in Germany for work, will this count negatively towards our situation? We'd like to move to Switzerland but it always seems to be a "won't consider you for a job without a permit" situation that we're trying to avoid until then.

Thanks for the help!


Medea Fleecestealer 20.04.2021 17:43

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Welcome to the forum. :)

You'll find info on facilitated naturalisation here

https://www.sem.admin.ch/sem/de/home...erden/faq.html

As for permits, you'll get this under family reunification so will have no trouble on that side as far as getting a job goes. What you shouldn't do is apply for jobs until you've moved here and have the permit approved; that way you bypass the non-EU hiring criteria.

st2lemans 20.04.2021 18:21

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
First, what is your "Heimatort" canton?

The rules depend on this, and are NOT the same in all cantons!

Tom

st2lemans 20.04.2021 18:23

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by nickatbasel (Post 3298214)
The facilitated process is described in detail here:

https://www.zh.ch/de/migration-integ...tml#-792208150

That is for ZH, OP mentioned Romandie, so not applicable.

Tom

Island Monkey 20.04.2021 18:28

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by st2lemans (Post 3298228)
First, what is your "Heimatort" canton?

The rules depend on this, and are NOT the same in all cantons!

Tom

Are the rules for facilitated not set by the Federal government?

Stroopfcandy 20.04.2021 18:31

Quote:

Originally Posted by Medea Fleecestealer (Post 3298216)
Welcome to the forum. :)

You'll find info on facilitated naturalisation here

https://www.sem.admin.ch/sem/de/home...erden/faq.html

As for permits, you'll get this under family reunification so will have no trouble on that side as far as getting a job goes. What you shouldn't do is apply for jobs until you've moved here and have the permit approved; that way you bypass the non-EU hiring criteria.

Yeah I've read this but it seems quite weird how abroad vs in Switzerland is constructed. I was hoping someone that had the same issue would be able to clarify. It seems counterintuitive if I'm 2 years away from naturalization to be "reset" by actually coming into the country. Just to get an idea: the way the law is phrased for my situation sounds like I could move outside of Switzerland after 6 years just to apply for this.

Quote:

Originally Posted by st2lemans (Post 3298228)
First, what is your "Heimatort" canton?

The rules depend on this, and are NOT the same in all cantons!

Tom


My Heimatort canton is Vaud :)

Island Monkey 20.04.2021 18:34

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
It does seem daft that you can be eligible after 6 years abroad, but if you move to Switzerland it would be reset to cover the 5 years living in Switzerland. Maybe they would still let you apply under the 6 year rule but that is just not mentioned :confused:

Medea Fleecestealer 20.04.2021 18:36

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by st2lemans (Post 3298229)
That is for ZH, OP mentioned Romandie, so not applicable.

Tom

Quote:

Originally Posted by Stroopfcandy (Post 3298208)
Hi guys,

I've been married to my Swiss-romande wife for about 4 years now, we're looking to move back to Switzerland as her job is planning to transfer her to the Zurich area.

Do read what's written Tom. :p

st2lemans 20.04.2021 18:37

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by Medea Fleecestealer (Post 3298238)
Do read what's written Tom. :p

Zurich doesn't matter, only her Heimatort does for facillitated. :rolleyes:

Tom

st2lemans 20.04.2021 18:41

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by Stroopfcandy (Post 3298236)
My Heimatort canton is Vaud :)

In either case, in CH or outside, you will need to know French, and if you don't wait 6 years outside, you will need to live 5 years here:

https://www.vd.ch/themes/population/...tion/#c2026181

Tom

Stroopfcandy 20.04.2021 18:43

Quote:

Originally Posted by Island Monkey (Post 3298237)
It does seem daft that you can be eligible after 6 years abroad, but if you move to Switzerland it would be reset to cover the 5 years living in Switzerland. Maybe they would still let you apply under the 6 year rule but that is just not mentioned :confused:

Yeah, it does. And this is precisely why I wanted to ask here as I thought maybe some other people would have experience in this.

Learning French isn't really an issue for me, I already have some proficiency in that.

FCBarca 20.04.2021 18:58

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
The rules changed in 2018 but in my case it used to be 3 years for facilitated if you marry abroad and move to CH - this is how it worked for me, and I got my interview & passport within a few months after applying

Timing wise, it reads as follows:

As the spouse of a Swiss national, you can submit an application for facilitated naturalization if you have lived for at least 3 years in a conjugal union and if you have lived in Switzerland for at least 5 years, including the year preceding the request.

In addition, you must fulfill the following conditions:

Must demonstrate successful integration in Switzerland, this means in particular:
  • Able to communicate on a daily basis in a national language, which implies that your language skills are at least at B1 level orally and A2 in writing;
  • Respect public safety and order (no criminal record, no prosecution/acts of default of goods, taxes paid);
  • Respect the values ​​of the Constitution;
  • Participate in economic life or in the acquisition of training (employment or training, no social assistance in the 3 years preceding the submission of the application, unless you have fully reimbursed it);
  • You encourage and support the integration of your family members, if applicable.
  • During a personal interview, it will be examined whether you have basic knowledge of Switzerland in geography, history, politics and society, whether you actively you maintain contacts with the Swiss population.
  • You do not endanger the internal or external security of Switzerland.

Stroopfcandy 20.04.2021 20:58

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by FCBarca (Post 3298251)
The rules changed in 2018 but in my case it used to be 3 years for facilitated if you marry abroad and move to CH - this is how it worked for me, and I got my interview & passport within a few months after applying

Timing wise, it reads as follows:

As the spouse of a Swiss national, you can submit an application for facilitated naturalization if you have lived for at least 3 years in a conjugal union and if you have lived in Switzerland for at least 5 years, including the year preceding the request.

In addition, you must fulfill the following conditions:

Must demonstrate successful integration in Switzerland, this means in particular:
  • Able to communicate on a daily basis in a national language, which implies that your language skills are at least at B1 level orally and A2 in writing;
  • Respect public safety and order (no criminal record, no prosecution/acts of default of goods, taxes paid);
  • Respect the values ​​of the Constitution;
  • Participate in economic life or in the acquisition of training (employment or training, no social assistance in the 3 years preceding the submission of the application, unless you have fully reimbursed it);
  • You encourage and support the integration of your family members, if applicable.
  • During a personal interview, it will be examined whether you have basic knowledge of Switzerland in geography, history, politics and society, whether you actively you maintain contacts with the Swiss population.
  • You do not endanger the internal or external security of Switzerland.

This is how I understood how it was before but I haven't been able to confirm whether the recent changes affected this particular case. The other requirements for me are a non-issue for me.

FCBarca 20.04.2021 23:01

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by Stroopfcandy (Post 3298293)
This is how I understood how it was before but I haven't been able to confirm whether the recent changes affected this particular case. The other requirements for me are a non-issue for me.

What I posted from 'as follows:' are current guidelines...the 5 years en Suisse is the new part

Stroopfcandy 22.04.2021 18:10

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Okay, so it seems that the text posted in the official online swiss pages such as
https://www.sem.admin.ch/sem/de/home...rheiratet.html

contradicts the actual legal text:

https://www.fedlex.admin.ch/eli/cc/2016/404/de

" Wer im Ausland lebt oder gelebt hat, kann das Gesuch auch stellen, wenn sie oder er:

a. seit sechs Jahren in ehelicher Gemeinschaft mit dem Ehemann oder der Ehefrau lebt; und
b. mit der Schweiz eng verbunden ist."


This seems to make more sense, as 6 years seems to be a cutoff date.
It's a bit weird though, because pages like the Cantonal pages, don't refer to this, giving the assumption that you can either do only a: live for 5 years in switzerland or b. live 6 years abroad. Even the documents they give pertain to only these two cases.

Stroopfcandy 28.04.2021 18:49

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Sorry to bother again but this is a question I've seen conflicting answers to:
When I moved to Germany, my my family reunification visa gave me right to employment straight away.

Is this the same case with the D-Visa, as I am married to a Swiss citizen? Or do I have to wait, possibly unemployed, in the meantime?

3Wishes 28.04.2021 21:45

Re: Non-EU Married to Swiss abroad, does facil. nat. process change if we move to swi
 
Quote:

Originally Posted by Stroopfcandy (Post 3300719)
Sorry to bother again but this is a question I've seen conflicting answers to:
When I moved to Germany, my my family reunification visa gave me right to employment straight away.

Is this the same case with the D-Visa, as I am married to a Swiss citizen? Or do I have to wait, possibly unemployed, in the meantime?

In Switzerland, a visa is only used for entry into the country. A residence permit is what allows you to stay and live here.

Once you have the B permit that is tied to your spouse, you can work. An employer does NOT need to go through the non-EU hiring process for someone on a family reunification B. :)


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