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Old 12.06.2021, 22:10
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NON-EU married with EU citizen / no permit for more than 6 months

Hello everyone

I come from a third county, I came to Swtizerland in 2017 as a student and got student B visa ever sincve. After failing to complete every exam, I got unenrolled from my university.

When I applied for renewal of my student visa(summer 2020) it got rejected obviously from the migration office Zurich and was asked to leave Switzerland by the end of 2020.

In the meantime I met my actual wife back on summer 2020, at that time she was just a tourist in Switzerland, after she found a full time job she got a B permit for 5 years and we got married and living together since November.

Migrationsamt still was asking me to leave Switzerland even if I got married, and then apply from my country embassy, because they said they believe this is not a real marriage and I am seeking a way to stay in Switzerland. After going to court, we won the case and I got allowed to work full time and stay with my wife and not leave the country.
After this decision the Migrationoffice asked for my wifes lohnabrechnung, bank statments and SVA kontoauszug. We provided everything they asked and then we had a police control on our apartment to see if we're living together. Unfortunately I wasn't there when they came, I went to my country for a visit (migrationoffice knew about this because I had to go there and take a visa in order to travel). After that we both got invited to police station for an interview.
After the interview the migration office asked again for the same things from my wife: lohnabrechnung, bank statments and SVA kontoauszug.
This was three months ago and to this day we havn't got any response from them.
So it has been more than 6 months that I'm without a permit, I am afraid to even go now on vacation because I have to take visa at Migration office and they can come for a control again after knowing im not there so my questions are:
1. How long can this situation last maximum(me being without a valid permit). My B student permit expried last summer.
2. If my wifes gets unemployed and wants to start a german course, will they revoke her permit and furthermore deny my permit?(I am working 2 jobs, both are stundenlohn jobs, so we wont ask for any social help or any help from the country)
3. Will it get better if I sent migration office my work contract I have? To show them that I'm a hard worker and not seeking for any trouble?
4. Unrelated to the case, will the years I spent as a student count in the future, If I want to apply for a C permit later on, or a Swiss citizenship?

What would you suggest me to do overall, just sit and wait for Migration response or send them a letter to ask what is going on?
If you were in my case, what would you do?

THANK YOU from the bottom of my heart if you read all this, I really appreciate it
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Old 14.06.2021, 07:40
Medea Fleecestealer's Avatar
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Re: NON-EU married with EU citizen / no permit for more than 6 months

Welcome to the forum.

I can see why the authorities are suspicious. You get rejected for a permit, then meet someone and marry them very quickly.

It'll take as long as it takes. I would certainly chase it up with them however, if they have the paperwork requested they should be able to process the permit. Send copies of your employment contracts as well, it won't hurt.

As for your wife becoming unemployed, that will depend on whether the authorities believe you can support yourselves. If not, then yes the permits could be revoked and you'd both have to leave.
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