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  #21  
Old 28.12.2010, 17:54
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

Did you also see Bookworms recent thread?

For those not in CH who want to marry a Swiss

may/may not be relevant one day..
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  #22  
Old 28.12.2010, 18:13
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Did you also see Bookworms recent thread?

For those not in CH who want to marry a Swiss

may/may not be relevant one day..
The OP already discussed this issue in posts 14. He is aware of the issue.
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  #23  
Old 28.12.2010, 18:38
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

In any case, they could also get registered in France, as that is where his partner resides.

Tom
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  #24  
Old 04.01.2011, 19:56
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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The latter: you can stay in the Schengen area for up to 90 days out of any 180-day period. If there is any 180-day period during which you have been in Schengen for 91+ of those days, you're out of line.
OK I read the inital reply to my inquiry then proceeded to stay through December. I'm now back in Canada. I had an extra question or two at passport control leaving this time, but I didn't get pulled aside or scolded.

Your reply conflicts directly with the one above it. Can someone break the tie please?
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  #25  
Old 04.01.2011, 20:57
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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OK I read the inital reply to my inquiry then proceeded to stay through December. I'm now back in Canada. I had an extra question or two at passport control leaving this time, but I didn't get pulled aside or scolded.

Your reply conflicts directly with the one above it. Can someone break the tie please?
I didn't even understand your question. So I can't help! lol.
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  #26  
Old 04.01.2011, 21:36
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

Whether the "start" of the 180 day period moves.. or whether its tethered to your first entry. You stated the latter, so my reset date would have been October 20-something, where I was out of the country (back in Canada) and I get a fresh 90 to use as of the 22nd.

According to the other poster, if you put the "start date" of the 180 days at ANY day, you can't go over 90. In this case, I went over 90 if you consider the 180 day period as - lets say - august 27th when I had my passport renewed to February 25th-ish.

If the latter is indeed true (90 days in ANY 180 day period) I don't see how this can be enforced - the permutations are insane.
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  #27  
Old 04.01.2011, 21:46
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Whether the "start" of the 180 day period moves.. or whether its tethered to your first entry. You stated the latter, so my reset date would have been October 20-something, where I was out of the country (back in Canada) and I get a fresh 90 to use as of the 22nd.

According to the other poster, if you put the "start date" of the 180 days at ANY day, you can't go over 90. In this case, I went over 90 if you consider the 180 day period as - lets say - august 27th when I had my passport renewed to February 25th-ish.

If the latter is indeed true (90 days in ANY 180 day period) I don't see how this can be enforced - the permutations are insane.
No. You are correct. I believe it starts when you first enter the country. If you enter say 3 July, they can't & won't back date it to an arbitrary date or 1 January.

But the problem comes when you keep going in & out of the country and doing say 30 days in, 40 out, 10 in, 45 out, 7 in, etc (as an example).

Let's see if Swiss Bob joins us. I'm confident he will know.
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  #28  
Old 04.01.2011, 23:49
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Whether the "start" of the 180 day period moves.. or whether its tethered to your first entry. You stated the latter, so my reset date would have been October 20-something, where I was out of the country (back in Canada) and I get a fresh 90 to use as of the 22nd.

According to the other poster, if you put the "start date" of the 180 days at ANY day, you can't go over 90. In this case, I went over 90 if you consider the 180 day period as - lets say - august 27th when I had my passport renewed to February 25th-ish.

If the latter is indeed true (90 days in ANY 180 day period) I don't see how this can be enforced - the permutations are insane.
There are actually two things that immigration officers look at in determining an alien's illegal presence in the country. First is Duration, second is Frequency.

Duration would be any length of stay that exceeds the allowed time given when admitted to the country. Generally, 90 days unless you applied for a visa and have it pasted into your passport. So, to answer your question, it is 90 days from your most recent admission. It does not reset.

Frequency is also used. Yes, people bend the rules and mistakenly believe it is allowed. They leave the country for a day and turn around and come back. However, an immigration officer may determine that this is suspicious behavior, particularly when it becomes a part of a pattern, as it suggests that the traveler is skirting visa requirements for residency.

For example, if you are not a bona fide resident with an immigrant visa, and you enter for 90 days, leave for 1, come back for 90, leave for 1, and so on, then you set a pattern of behavior as an illegal alien.
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  #29  
Old 05.01.2011, 00:36
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Frequency is also used. Yes, people bend the rules and mistakenly believe it is allowed. They leave the country for a day and turn around and come back.

For example, if you are not a bona fide resident with an immigrant visa, and you enter for 90 days, leave for 1, come back for 90, leave for 1, and so on, then you set a pattern of behavior as an illegal alien.
This is most definitely not allowed! And no one is suggesting it is. What we are talking about (I think) is is you can do your 90 days scattered through out your 180 days or not.
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  #30  
Old 05.01.2011, 04:14
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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There's about 5-6 people in the world with my exact skill set (product knowledge of a very rare/specific kind) and I'm the only one who speaks French so we'll milk that if required.
Forget the spouse visa and use your unique skills to obtain a business visa or some skills visa with your supa-dupa ultra rare specialist skills?

Is your assessment of your skill set the same as the 'unique' position that you found yourself in!
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  #31  
Old 28.04.2011, 05:44
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Forget the spouse visa and use your unique skills to obtain a business visa or some skills visa with your supa-dupa ultra rare specialist skills?

Is your assessment of your skill set the same as the 'unique' position that you found yourself in!
Ouch! Anyhow, after much patience I secured a position with one of my former customers in Geneva and they succeeded in obtaining a B-permit for me. I received The Papers the other day and have been communicating with the consulate in Toronto.

For others in the Ottawa area, the embassy doesn't process "simple visas" ... I guess they couldn't be arsed. Fair enough - the lady was very friendly and helpful and directed me to Toronto. Down the 401 next week. I need to head down and say some goodbyes anyhow.

My last question is as follows:

As my partner has a residence in Gaillard, how naughty would it be for me to live there just until we secure adequate housing in Geneva proper? Or inadequate as the case may be! We're thinking July 1 if possible. I plan on arriving May 17th-18th.

Alternatively a friend has an empty room and I can at least put on a show if required.

Ecstatic to be moving. FYI my application was submitted Feb 17th and we received the paperwork April 17th. 2 months on the nose

Last edited by CanuckTV; 28.04.2011 at 05:49. Reason: engrish
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  #32  
Old 28.04.2011, 09:03
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

Thanks for the update! It is always nice when posters come back and let us know how it went.

And congratulations to your job and papers.

Regarding your question; when you take up your position, you need to register at your city hall within 8 days of arrival and for that you need an address in Switzerland. So registering with the address of your friend and putting up a show is probably the smartest solution.


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My last question is as follows:

As my partner has a residence in Gaillard, how naughty would it be for me to live there just until we secure adequate housing in Geneva proper? Or inadequate as the case may be! We're thinking July 1 if possible. I plan on arriving May 17th-18th.

Alternatively a friend has an empty room and I can at least put on a show if required.
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  #33  
Old 28.04.2011, 16:04
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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... after much patience I secured a position with one of my former customers in Geneva and they succeeded in obtaining a B-permit for me. I received The Papers the other day ...

Excellent!! Congrats!!

I think you should really register at you friends place. But only if you can stay there some times. I wouldn't live FT in France. They do know who crosses the borders especially if you go by car.
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  #34  
Old 28.04.2011, 19:05
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Excellent!! Congrats!!

I think you should really register at you friends place. But only if you can stay there some times. I wouldn't live FT in France. They do know who crosses the borders especially if you go by car.
Thanks. Oh, and I love Buenos Aires... No more galavanting in South America for me

re: my friend I'll ask him. At worst I read a thread the other day about them putting you as "no fixed abode" (say i was hotel hopping) for a max of 6 months.

As for crossing the border I disagree... I crossed at Moellesulaz for several months last year (on foot) and was never stopped once. Its closed 4/5ths of the time. But as I said we'll be looking to move to Geneva ASAP. Just need to get there and find something first!
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  #35  
Old 28.04.2011, 19:22
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Re: Moving to CH to live with Same-Sex Partner - COMPLICATED

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Thanks. Oh, and I love Buenos Aires... No more galavanting in South America for me
Why not?? It's not that much further from Toronto. But I do have lots of friends from Toronto that visit me. It's fun down here in BA, but I'm desperate to get back "home" to CH. I need my peace & quiet and big city life is doing my head in. Anyway....


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re: my friend I'll ask him. At worst I read a thread the other day about them putting you as "no fixed abode" (say i was hotel hopping) for a max of 6 months.

As for crossing the border I disagree... I crossed at Moellesulaz for several months last year (on foot) and was never stopped once. Its closed 4/5ths of the time. But as I said we'll be looking to move to Geneva ASAP. Just need to get there and find something first!
Just because they don't stop you doesn't mean they don't know you are crossing! Of course it's much more problematic in a car than on foot.

Is your BF moving with you to Geneva? If so he should start looking right away. You DO NOT want to start out on the wrong foot.

Good luck with the move.
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