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Old 09.11.2009, 20:15
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I'm non EU (south african), girlfriend is EU with b permit

Hi everyone im new to the site!

My name is Kyle, iv been together with my german girlfriend for 3 and a half years. We also have a two year old son who was born in south africa but has a german passport, due to an unfortunate incident which happend in south africa my girlfriend and my son moved to switzerland 6 months ago i unfortunatly could not leave immediatly because of visas etc and work. They are both currently on a b permit............i went to visit 2 months ago and to make queries about moving there, i then returned to South Africa

My girlfriends father owns a business there and gave me a working contract so that i can apply for a b working permit and i got all the papers together and sent it to them to hand in to there local canton office, after 3 days they wrote back saying no because they must employ someone locally, my girlfriends parents subsequently wrote back giving them legitamate reasons why they want me and not someone local, after another 3 days we recieved a letter saying no again, reasons being i do not have a degree etc even though in my application i wrote and said that my son and girlfriend are there.....their answer was they understand but they cant give the permit.

This dicouraged me a lot since i miss my son and girlfriend very much.

So what me and my girlfriend have decided now is to get married in switzerland. So i went to the Swiss consulate in cape town south africa and enquired about getting married in swiss, a lady there gave me a requirments page explaining to me exacly what i need to get then once i have everything together then they send the request for marriage to switzerland to the canton where my girlfriend lives ( she has just moved so it will be a different canton to the one where we did my work permit application which was denied)

Once i have been given a date for us to get married, i must then make a application for a spousal permit from south africa and wait for a answer...............it does not say on the requirments page for a spouse permit about needing to have a job but i will include the work contract in my application given by my girlfriends father and i will also write a letter saying why i want to come there and stress the fact that i wont be a burden to the country but ADD to the ecnomic growth of the country however small that may be by working etc

IF they say yes i then leave south africa and go to switzerland and get married..................BUT I AM SO SCARED THEY SAY NO TO THE SPOUSAL PERMIT AS WELL????!!!!!!!

I mean if they do they are basically denying the right for me to have a life with my son and wife to be, my girlfriend wont go to germany because her support base( parents and family) live in swiss.

If the canton does say no is there any legal steps i can take ?????

im getting really desperate and so scared i wont be able to reunite with my son and girlfriend....

If anybody has some advice for me please let me know i wuld appreciate it greatly!
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Old 09.11.2009, 21:18
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Re: im non eu(south african),girlfriend is eu with b permit

i forgot to add that with the spousal visa i read everywhere that the partner who you applying through ( my girlfriend ) needs to make enough money to support us both ...she only makes about 4000chf a month... i do send money every month from south africa but i dont have anything saved.......does it help that ive been offered a job?
And if they go on just her income is 4000chf enough?

Please i would appreciate any replies!

THANKS!
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Old 09.11.2009, 21:57
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Re: im non eu(south african),girlfriend is eu with b permit

thanks for the peope who have taken the time to read through my situation.........i would appreciate greatly if i could get some replies....


Thanks a lot

kyle
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Old 10.11.2009, 08:44
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Re: im non eu(south african),girlfriend is eu with b permit

Hi Kyle.

Sorry to hear about your situation. I live in Cape Town and am in a similar predicament. I recently got married in SA to my British husband who lives in Switzerland and has a B pass. I went to the Swiss embassy to apply for my schengen visa to visitmy busband in December and they told me that they dont recgonize my marriage documents as we got married under the Civil Union act and according to the Swiss it is only for gay people!??

Anyway next year I am also intending to apply for the spousal permit and she said I will need to submit a letter stating that i am legally married to my husband and hopefully the Swiss will accept this. If they deny my spousal permit then I also will need to get married in Switzerland AGAIN. In SA I am considered to be legally married yet for some reason the Swiss are making it complicated!!!

As far as I am aware once you are legally married to a an EU citizen with a B permit then you are entitled to join your spouse in Swizterland and will receive the same B permit as them which allows you to work. This is what our Swiss advisor told us. I dont think that you should worry about then denying the spousal permit. If they do, then you may need to consider getting married in Germany or in SA perhaps?
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Old 10.11.2009, 10:30
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Re: im non eu(south african),girlfriend is eu with b permit

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Hi Kyle.
Sorry to hear about your situation. I live in Cape Town and am in a similar predicament. I recently got married in SA to my British husband who lives in Switzerland and has a B pass. I went to the Swiss embassy to apply for my schengen visa to visitmy busband in December and they told me that they dont recgonize my marriage documents as we got married under the Civil Union act and according to the Swiss it is only for gay people!??
I'm suspicious of that and would suggest trying again via Pretoria. I'm a non-EU (American) C-permit holder and am in the final stages of 'importing' my wife, a South African. We were married in Durban in August under the Civil Union act, which covers both gay folks and heterosexual couples outside of the context of religion. Furthermore, Switzerland has same-sex unions. We went through a panic initially when we discovered there were two marriage laws in ZA, but all seems OK.

The Swiss embassy in Pretoria did not have a problem with it. I've received a letter from the Kantonal Migrationsamt asking for more documents (rental contract, sworn affidavit, translated police certificate) and there was no issue with the Civil Unions Act marriage certificate. We are expecting things to be finalized any day now.

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As far as I am aware once you are legally married to a an EU citizen with a B permit then you are entitled to join your spouse in Swizterland and will receive the same B permit as them which allows you to work.
I agree. It is an international law/treaty that Switzerland is part of, or so I understand.
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Old 10.11.2009, 11:29
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Re: im non eu(south african),girlfriend is eu with b permit

Thanks for the confirmation on the civil union act.. This has had me in an absolute state... They actually made me pay for my schengen visa even though I shouldnt legally as I am a spouse of an EU national as they said that they dont accept it.. I even called lawyers to find out where I stand and they confirmed that we are most def legally married and that the act is def not just for gay people!I did call Pretoria and they said that it should be fine and they aplogised for Cape Town's response..

Sorry to hijack your post Kyle... I think that you will def be ok though and they are not likely to deny your visa...
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Old 10.11.2009, 12:03
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Re: im non eu(south african),girlfriend is eu with b permit

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As far as I am aware once you are legally married to a an EU citizen with a B permit then you are entitled to join your spouse in Swizterland and will receive the same B permit as them which allows you to work. This is what our Swiss advisor told us.

That's what I thought too! I am Canadian, married to a Brit (hitched in Can 2yrs ago) who has been here for 9 yrs on a B permit (because he hasn't bothered to fill out the paperwork for a C.) I just returned from work - I go back for a 5 month contract each summer - and went to register last week so that I can get Swiss health care.

The woman told me that I need a visa because I don't have a European passport. So i said, OK, let's get me one of those. Whereupon I was informed that I have to be out of CH to apply, and that if I do get a B permit, I cannot leave the country for 5 months at a time because that will invalidate it. WTF??

So I think I just registered as a visitor until June (and then I have to de-register) but she took a passport photo and got me to fill out some forms and said something about foreign police, so maybe she also sent in a permit application - I have no idea. The sheer volume of red tape in this country is amazing Any info that anyone has to share on this subject would be very welcome!

Thanks, and good luck Kyle!
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Old 10.11.2009, 12:59
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Re: im non eu(south african),girlfriend is eu with b permit

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I'm suspicious of that and would suggest trying again via Pretoria. I'm a non-EU (American) C-permit holder and am in the final stages of 'importing' my wife, a South African. We were married in Durban in August under the Civil Union act, which covers both gay folks and heterosexual couples outside of the context of religion. Furthermore, Switzerland has same-sex unions. We went through a panic initially when we discovered there were two marriage laws in ZA, but all seems OK.

The Swiss embassy in Pretoria did not have a problem with it. I've received a letter from the Kantonal Migrationsamt asking for more documents (rental contract, sworn affidavit, translated police certificate) and there was no issue with the Civil Unions Act marriage certificate. We are expecting things to be finalized any day now.

I agree. It is an international law/treaty that Switzerland is part of, or so I understand.
I just called Swss embassy in Pretoria and they said that they need to see unabridged marriage certificate.. Is this what you presented to them? Can I ask if it states on there Civil Union or whether is states marriage? All very confusing...
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Old 10.11.2009, 13:09
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Re: I'm non EU (south african), girlfriend is EU with b permit

We are a same-sex couple, married under the SA civil union act. I was not aware that they treat the civil unions only for same-sex couples, it should count as a registered partnership for either hetero- or homosexual couples.

The civil union document states 'civil union', we presented that together with our unabridged birth certificates and all was in order.

Good luck with your process
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Old 10.11.2009, 13:11
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Re: im non eu(south african),girlfriend is eu with b permit

Kyle
"family reunification" is the term you must use to search this site and follow links to www.bfa.admin.ch
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Old 10.11.2009, 13:29
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Re: im non eu(south african),girlfriend is eu with b permit

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I just called Swss embassy in Pretoria and they said that they need to see unabridged marriage certificate.. Is this what you presented to them? Can I ask if it states on there Civil Union or whether is states marriage? All very confusing...
The way they do things in ZA with marriage certificates is they have a big one with lots of details (sorta) and a small one that looks a lot like a parking ticket. The big A4 marriage certificate you got at the civil ceremony is they one they want. It seems to be just like their birth certificates.

This document here has all the details on what you need to have. It is from the official Swiss embassy website in Pretoria
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