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Old 15.09.2021, 15:46
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Status of EU-citizen after marriage to non-EU citizen with CDL

Hello everyone

I'm an EU-citizen on a B-permit in Zurich, eligible for permit C, which I might apply for soon. My fiancée is non-EU and working remotely for an international organization in Geneva with a never-ending sequence of short-term contracts and Cartes de Légitimation (CDL).

While visiting the district office (Kreisbüro) here in Zürich today, I asked them about the implications of getting married in our situation, which is actually what we are planning to do next month. I was told that I (permit B/C) would convert to the spouse-version of the CDL (supposedly Ci), hence also "enjoying the immunity that comes with the CDL".

I find this hard to believe, since this would mean that my permit would get downgraded. Also, I would avoid this at all cost, since a stay under anything but B/C would not count towards my potential future application for Swiss citizenship. I would rather expect our two permits to stay separate with the option of applying for a family reunion permit, should the need arise.

Has anyone experience with this kind of situation? Would my B/C-permit be affected by marriage? Any input would be highly appreciated!


Many thanks
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Old 15.09.2021, 15:50
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

We need a bit more info. What does "we are planning" mean please? Have things been booked, payments made, and so on with next month in mind, or are you wanting to do it, would like to do it next month, but can easily wait for a while?
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Old 15.09.2021, 15:57
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

Thanks for asking. "We are planning" means that the paperwork has been filed and approved. Everything is ready to sign the papers at the counter of the civil registry office on a short notice. Apart from that, we have not made any commitments, so things could easily be postponed as well.
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Old 15.09.2021, 16:29
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

Hello,

Kind of interesting answer from the Kreisburo.

So, this is another EF thread on this topic https://www.englishforum.ch/permits-...-permit-b.html

That thread points to the document GUIDELINES regarding the issuance of legitimation cards of the Federal Department of foreign affairs (FDFA) to staff members of quasi-governmental international organisations and other international bodies
Entry into force on 1st January 2016 Amended on 10 March 2021

I'm no lawyer but it looks possible to get a B while married to a CDL holder.

Quote:
The principal beneficiary’s family members may be allowed to enter Switzerland on the grounds of family reunification. They must live generally in the same household as the principal beneficiary (see section 2.4 – exception to rule requiring family members to live in the same household).

Under the Agreement on the Free Movement of Persons (AFMP) 4, family members who are nationals of a Member State of the European Union (EU) 5 or European Free Trade Association (EFTA) 6 and who are allowed to enter Switzerland on the grounds of family reunification may ask the Cantonal Population Office of their canton of residence to be issued with a residence permit (B permit) instead of a legitimation card 7.

In these guidelines, the term “spouse” means:
- the opposite sex partner who is married to the principal beneficiary,
- the opposite sex cohabitant who is not married to the principal beneficiary,
- the same-sex partner of the principal beneficiary.
https://www.eda.admin.ch/missions/mi...tion-card.html

https://www.eda.admin.ch/content/dam...sations_EN.pdf
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Old 15.09.2021, 16:35
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

I understood as EU and already an existing permit holder, you have the option to stay as such or be dependent through a Ci. Given that the new spouse is on short-term contracts with little guarantee of continuation, it would seem prudent to keep your permit. Futhermore, the Ci comes with certain requirements like living in same place, not sure if that would be the case if its Zch and Gva. May also require you to become resident in Gva if that is the canton of employment too.
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Old 15.09.2021, 16:40
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

Nothing will happen automatically. You'll only switch to a dependent CDL/Ci permit if you need to do it in order to be able to stay in CH which, as a EU citizen, you'll hardly ever need.

You can absolutely stay on independent permits if you want to. I went through this during my marriage too. I had a C permit, my fiancee had a non-EU B permit and they wanted to convert her to be my dependent by default but she refused (and got a C a year later herself).
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Old 15.09.2021, 16:50
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

@Axa: Thank you so much! Even more importantly, in the guidelines you linked it states:

Quote:
"Swiss family members or those holders of a valid permit (Residence permit (B permit), etc.) of staff members do not receive a legitimation card."
@runningdeer: Many thanks, yes, that would seem reasonable to me as well.
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Old 15.09.2021, 16:57
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

@NichtsBesonders Thanks for sharing! Compared to your case, the chance of being forced into a dependent permit is probably even smaller if the EU citizen would be the dependent one...
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Old 15.09.2021, 17:10
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Re: Status of EU-citizen after marriage to non-EU citizen with CDL

Quote:
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@Axa: Thank you so much! Even more importantly, in the guidelines you linked it states:

@runningdeer: Many thanks, yes, that would seem reasonable to me as well.
Missed that part, great that you found it.

I was about to link the German version of the guidelines but just found out they only exist in French and English. That might explain why someone at the Kreisburo does not understand them fully.

Well, good luck when you present your case once again to the Kreisburo and congratulations on the marriage
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