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Old 29.06.2007, 10:00
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B permit renewal with registered same-sex relationship?

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Extending L Permits Non EU



Not too sure about the L permits, but i've been waiting since the 20th april to have my non EU permit B extended. Am the registered partner of a swiss citizen living in canton Vaud, so there shouldn't be any problem regarding availability of quotas. Don't know why this year it is taking so long to have it renewed, compared to last year when it only took 2 weeks. Needless to say, since my permit B is expiring tomorrow 30th june and no permit in sight, my summer holiday has been messed up and since most non EU citizens requiring visas for schengen know all too well, getting visa appointments is a nightmare come summer time. I've been contacting my local commune for the last 3 weeks to find out about my permit, and yesterday they finally had some news telling me , my permit renewal is with the authorities in Berne for authorisation, doesn't make any sense to me; thought it was a cantonal matter and quite straightforward seeing that it will be my 4th time renewing my B permit.

Last edited by Lob; 29.06.2007 at 14:41. Reason: split from L permit thread
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Old 29.06.2007, 10:36
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Re: Extending L Permits Non EU

flyboy - you should not get a permit from any quota.

Last edited by Lob; 29.06.2007 at 14:42. Reason: removed text which remains in other thread
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Old 29.06.2007, 10:50
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Re: Extending L Permits Non EU

Thanks Lob Rockster.

Any idea why my permit renewal might be in Berne for authorisation? Have to add though, for the last few years, my reason for being in switzerland as written on my permit was " vivre aupres du partenaire" roughly, live with the partner. However since registered partnership got recognised since january in switzerland we had our dutch partnership recognised here now, so i suppose the reason for living here has changed slightly. Could that be it?
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Old 29.06.2007, 10:54
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Re: Extending L Permits Non EU

ah, you have your partnership here recognised already. In theory yes you should be out of the quotas.

You say you did the paperwork for the partnership this year so last year was renewed based on other criteria? I assume you're working?
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Old 29.06.2007, 11:29
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Re: Extending L Permits Non EU

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I've been contacting my local commune for the last 3 weeks to find out about my permit, and yesterday they finally had some news telling me , my permit renewal is with the authorities in Berne for authorisation, doesn't make any sense to me; thought it was a cantonal matter and quite straightforward seeing that it will be my 4th time renewing my B permit.
Actually your case is a bit different because you have a B, and this thread is about L, but just quickly - don't assume that the relevant people have actually talked to each other. Often they will say it is at the next stage because they sent it there. They haven't actually confirmed themselves that the other side has it. Until much later when it transpires that the paperwork got lost and the next stage never received it. It's sometimes useful to check whether the person confirmed that the next office has it, or whether this is just an assumption!

But in your case, I wouldn't worry too much about it, since nobody is exactly breathing down your neck and they can't really deny you the renewal.
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Old 29.06.2007, 11:32
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Re: Extending L Permits Non EU

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ah, you have your partnership here recognised already. In theory yes you should be out of the quotas.

You say you did the paperwork for the partnership this year so last year was renewed based on other criteria? I assume you're working?

Not working.
My permit has been renewed since i got here as " life beside the partner" and in 2003 when we applied for a my initial permit B to live in switzerland , we had to provide evidence of being together for at least 2 years, along with our dutch partnership certificate. Took 6 months in all; our dossier was examined by the commune, the canton which approved it and then send it on to the federal government which gave the green light for my permit B. Back then was told once permit approved, it would be out of the quota system and if i wanted to work, would be the same procedure as the spouse of a swiss citizen, basically just a simple procedure, out of the quota system since my partner is swiss. We applied back then using Directive 557, here's the main points in french to those who understand some french - i include a rough translation into english:


Que dit la directive?
Selon la directive 557 révisée «le partenaire d’un ressortissant suisse ou d’un étranger ayant un droit de résidence durable peut se prévaloir d’un droit de séjour lorsque:
  • l’existence d’une relation stable d’une certaine durée est démontrée;(proof/existence of a stable relationship)
  • l’intensité de la relation est confirmée par d’autres éléments tels que:
  • (The nature of the relationship is confirmed by other criteria, such as)
    • une convention entre concubins réglant la manière et l’étendue d’une prise en charge des devoirs d’assistance (par exemple, contrat de partenariat, enregistrement selon le droit étranger ou cantonal),
    • (Registration as domestic partners in Switzerland (cantons which allowed it prior to january 2007) or legal recognition under foreign law such as registration etc
    • la volonté et la capacité du partenaire étranger à s’intégrer dans le pays d’accueil,
    • (Foreign partners’ willingness and ability of integration in Switzerland)
    • le degré d’acceptation du partenariat par les membres de la famille, les amis et l’entourage du requérant;
    • (Recognition of the relationship by family members, friends or co-workers)
  • il est inexigible pour le partenaire étranger de vivre la relation à l’étranger ou dans le cadre de séjours touristiques, non soumis à autorisation;
  • (Refusing the foreign partner a residence permit would lead to de facto separation of the couple)
  • le couple vit ensemble en Suisse;
  • (Both partners are cohabiting in Switzerland if already in Switzerland, or else plan to do so)
  • il n’existe aucune violation de l’ordre public (par analogie à l’art. 17, al. 2 LSEE).»
  • (The foreign partner has no criminal record and poses no security threat to Switzerland)
However since the law on registered partnership took effect on 1 january 2007 it's no longer applicable.

So basically, my " but du sejour"/"aufenhaltszweck" as from this year after renewal should be "registered partner of a swiss citizen".

So could this be the reason why my permit is in Berne for authorisation?
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Old 29.06.2007, 11:35
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Re: Extending L Permits Non EU

People coming to this thread about L permits will probably be thoroughly confused about the big mix of B permit information which is now in this thread. I think we should probably clip all the B permit stuff of this thread and find a new home for it...

Please remember that it's important to stay on topic.
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Old 29.06.2007, 11:36
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Re: Extending L Permits Non EU

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Actually your case is a bit different because you have a B, and this thread is about L, but just quickly - don't assume that the relevant people have actually talked to each other.
Thank you Mark. Just frustrated and it's impossible to get hold of anyone to give direct answers. Just want to go on holiday and sitting and waiting is driving me crazy. Nonetheless thanks for the feedback everyone.
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