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Old 17.04.2009, 23:56
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Officially separated already.Can my still husband lose his permit if we divorce?

Dear All
I'm brazilian with B permit and separated from my husband (also brazilian). We've been in Basel for more than 7 years and have 2 children (born here). When we moved to BS (i got a job here) my husband, at that time came with me and got a B permit as well (as my dependent). We've separated last year and he moved to Basel Stadt and renewed his permit on his own (took a bit a while but the authorities have issued it). My question is, I want to get divorced but he does not want to accept it since he says that his permit is still linked to the fact that the family in here in CH (me and the children) and he fears that if we get divorced, the Swiss Authorities will not renew his permit and he does not want to go back to Brazil. I don't see any connexion with his permit and me since we are officially separated (we did all the process in Arlesheim), both gemeindes (Basel Stadt and Basel Land) are informed of it and he has a regular job, an apartment and a Englisg girlfriend:-) . Is there really a possibility of cancellation or not renewal of his B permit if we get divorced ? Or basically, since we're separated, this does play any role? I don't want to prolong this marriage any longer....does not make any sense, I need my freedom! Please, help wth your advice.Thanks a lot
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Old 18.04.2009, 06:59
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

I would suggest getting a lawyer!

I can see how he could *think* that having your permit linked to his provides him extra 'security' however the long-term residency in Switzerland will always be dependent on either a job, money or citizenship/C permit...

Do you think he's just doing it to weigh you down ? - perhaps he thinks he will be worse off financially when the divorce is finalised ?
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Old 18.04.2009, 07:01
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

oh, and has he worked more than 12 months ? once he has done that, he would qualify for unemployment benefits for 2 years if he lost his job, and as long as he was eligible, or found employment, he'd be able to stay - and with a B permit you can change jobs and cantons I believe without needing a new permit, but that is a new thing...
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Old 18.04.2009, 07:09
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

Tell him he should marry his English girlfriend, this will give him a 5 year B-Permit.
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Old 18.04.2009, 08:29
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

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oh, and has he worked more than 12 months ? once he has done that, he would qualify for unemployment benefits for 2 years if he lost his job, and as long as he was eligible, or found employment, he'd be able to stay - and with a B permit you can change jobs and cantons I believe without needing a new permit, but that is a new thing...
I am almost 100 percent sure that the arbeitslos is only 18 months now. A few years ago it went down. My wife works only 60 percent, so it lasts longer.
Perhaps you can get divorced in another country? I know that in the UK it is much easier.
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Old 18.04.2009, 10:26
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

I don't think there are any guarantees that he will be able to keep it. He probably will but why take risk that the father of your children has to move away from the children? Why not simply stay married until he has a C permit?
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Old 18.04.2009, 10:46
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

This is an organisation in Basel that helps binational and foreign couples. They could provide you with valuable information. Look them up:

http://www.binational.ch/en/beratung/basel.html

They offer to help on, "Legal issues (e.g. international matrimonial law and child custody law, law on foreign nationals in Switzerland)"

Good Luck!
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Old 18.04.2009, 10:46
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

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oh, and has he worked more than 12 months ? once he has done that, he would qualify for unemployment benefits for 2 years if he lost his job, and as long as he was eligible, or found employment, he'd be able to stay - and with a B permit you can change jobs and cantons I believe without needing a new permit, but that is a new thing...
I think you are thinking of an EU B Permit. They're different from non-EU.
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Old 18.04.2009, 22:47
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

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Tell him he should marry his English girlfriend, this will give him a 5 year B-Permit.
Have done that already, of course!!! Looking forward to it
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Old 18.04.2009, 22:48
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

Thank you Maria, will have a look there
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Old 18.04.2009, 22:54
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

Because does not make any sense. He has a English girlfriend which hopefully he loves and if stay in CH is so important for him, then get married with her. I'm VERY happy in another relationship andI want to move my life and be officially together with my partner. He has all the means to do the same, its not necessary to stay married, not with me at least.
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Old 18.04.2009, 22:57
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

By the way,according to my lawyer, does not make any difference to be separated or divorced. He could lose his permit independent of me being here or not.
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Old 18.04.2009, 23:09
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

Well, with the divorce he will be better financially because I've always been the one working or with a better salary so he will get half of my pensionkasse. Besides that, there is nothing else to share . He has already been "arbeitlos"..he was working for a while but decided to resign the job because he did not like what he was doing and was `'depressed' because of that..Was really great to make such decision with 2 small kids at a day care and only 1 salary...of course he could not stay with the children at home..how could he play in the computer if they would be there???? So, coming back to the topic, unemployement help is 18 mo.
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Old 19.04.2009, 10:23
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

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I think you are thinking of an EU B Permit. They're different from non-EU.
I think you are thinking of pre 01.01.2008. Now there is little difference once the B permit is obtained.
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Old 19.04.2009, 13:56
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Re: Officially separated already.Can my still husband lose his permit if we divorce?

Ah, that'd be it. I sit corrected.
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