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Old 03.09.2010, 23:00
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EEA Family Permit / Family Reunification

Hi

I've spent ages trawling through past posts to see if I could find the answer to my question, but haven't found the info I need so thought I'd ask for some help after being guided over to you guys from the UK Res Immigration Forum.

I am a British born citizen engaged to an Egyptian citizen. He has a ban from being granted a UK visitor's visa until 2015 as he was an illegal immigrant, entering on false docs in 2000 and removed in 2005. I can go into more detail but don't want to bore you with lots of info if it's irrelevant to my question.

We know that the UKBA will not issue him with a UK spouse visa immediately after our marriage early next year and we accept this will be the case because what he did was wrong and we know he is still paying for this huge mistake and they may view this as a marriage of convenience.

So, we decided I would move permanently to Egypt for a couple of years after we get married and then apply to return to the UK together after proving the relationship is genuine and enduring to the authorities. Not ideal, as I have a good job (worked for same organisation for 20 yrs since school + have lovely home /family close by / and friends and could financially support us both etc) but we don't want to spend months and years waiting to begin our married life together and fighting the authorities.

However, after searching lots of forums and websites, I came across info on my treaty rights as an EEA citizen and thought this may be the answer for us!

I work for a multinational company and have spoken to my understanding bosses who have told me they would support me applying to work in our Swiss office.

Of course I know each case is judged on its own merits and it's difficult for you to comment specifically, but does anyone have any knowledge or experience of how much of a right the Swiss authorities consider the rules of family reunification?

Can we apply direct to the Swiss Embassy in Cairo if I get a job in Switzerland and can prove I can support him / stump up the CHF 30k g'tee if required etc or will he have to apply for a visit visa first (and is this likely to be refused because of UK status) and then apply for the relevant permit once he has arrived?

What I don't want to do is start arranging a move to Switzerland if he has no opportunities or rights to join me there automatically anyway.

Happy to provide further info if that would help but would appreciate any advice on the above or best way to go about this.

Thanks, in advance,

J
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Old 03.09.2010, 23:10
swissbob
 
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Re: EEA Family Permit / Family Reunification

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Of course I know each case is judged on its own merits and it's difficult for you to comment specifically, but does anyone have any knowledge or experience of how much of a right the Swiss authorities consider the rules of family reunification?

The Swiss are very much in favour of family runification. Unfortunately from your post it does seem that you are not a family.

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Can we apply direct to the Swiss Embassy in Cairo if I get a job in Switzerland and can prove I can support him / stump up the CHF 30k g'tee if required etc or will he have to apply for a visit visa first
You're into a mineflield here. If you can prove a stable relationship then you have more chance and some Kantons accept non-married couple more readily than others.


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(and is this likely to be refused because of UK status)
Irrelevant.

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and then apply for the relevant permit once he has arrived?
No. He must apply for a visa before he arrives.

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What I don't want to do is start arranging a move to Switzerland if he has no opportunities or rights to join me there automatically anyway.
Then stop right now. He has no automatic right to come to Switzerland. If you were married it's a different story.
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Old 03.09.2010, 23:25
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Re: EEA Family Permit / Family Reunification

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Then stop right now. He has no automatic right to come to Switzerland. If you were married it's a different story.
I read the OP as asking whether he'd be able to come after they get married next year. I strongly suspect that the answer to this question is yes, but I only know what I've read on this forum. This may be a case where it is worth paying for a Swiss immigration consultant or similar to provide an opinion.
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Old 04.09.2010, 12:24
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Re: EEA Family Permit / Family Reunification

Thanks for the replies and apologies for the confusion SwissBob, I did mean after we're married. So, when you say....

"Then stop right now. He has no automatic right to come to Switzerland. If you were married it's a different story."

What is the story? Is it automatic? I guess what I'm concerned about is I need to be exercising my treaty rights for him to be able to apply to join me under family reunification (after we're married) but if he gets refused I'll be left in a new job that I will have to commit to for a minimum of at least a year, still without him and in a country where I have no friends or family.

We've been together for 2 and a half years and I've been there every couple of months and recently spent 3 months with him and his family in Egypt but we have never lived together in the same country for any longer than this and I'm concerned the authorities would view this negatively and say reunification doens't apply as we weren't living together anyway.

Can anyone guide me on the equivalent of the English Law Society in Switzerland so I can find a reputable lawyer to help me?

Thank you for your help and advice.
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Old 04.09.2010, 13:16
swissbob
 
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Re: EEA Family Permit / Family Reunification

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Thanks for the replies and apologies for the confusion SwissBob, I did mean after we're married. So, when you say....

"Then stop right now. He has no automatic right to come to Switzerland. If you were married it's a different story."

What is the story? Is it automatic?
As an EU citizen you have the right to bring your non-EU spouse with you. It's not exactly automatic but as near as.
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Old 04.09.2010, 16:09
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Re: EEA Family Permit / Family Reunification

I remember very well there was thread for moroccan who was band when he process his family regroupement at swiss ( i think with swiss wife ) and he got the permit later without any problem !


the family regroupement have no relation with other topics , it doesn't mix with the past subjects

i will search again for the link where it is very clear at this point
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