B permit Prolongation Separation

US citizen pending b permit renewal after living separately from my husband for 2 months. He wants divorce and I do not. We have been married for 2 years 8 months. My job will not sponsor a work permit, and I have been applying for jobs relentlessly with no success.

I am aware of the three year marriage minimum. Unfortunately I do not meet that requirement but I hope migration will allow me to stay in Switzerland. I cannot go back to the US as I have no contact with friends and I am now beginning to contact my family. I would lose my husband, my friends, and my job and that is making me emotionally unwell.

Sadly, this is a waiting game. I will submit my documents to migration the same day I go to my local geminde to submit my b permit prolongation form. My permit expires in 8 weeks. I’m not sure how long it will take to hear a response from SEM and if I need to appeal their decision, would I still be allowed to work?

my goal is to have more time so that me and my husband can hopefully reconcile.

Migration asked personal questions about the separation and asked me to submit a few documents. I will be submitting the following

- separation answers

- proof that I do not have debt and never had social assistance

- pending A1 and A2 Telc results, may take the KDE if results are not received soon

- motivation letter to stay in Switzerland

- friendship letter from Swiss friend

- employment contract and reference letter

- I have started going to therapy as this situation has become traumatic for me and I may ask my therapist to write me a letter.

Does anyone know someone who has had a similar experience and know what the outcome was?

I hope it all works out for you!!

However, I think you should start planning incase it doesn't. If the result doesn't go in your favour, you won't have much time to sort things out. You might not want to go back to the US, but you might have no choice.

Thank you. Do you know how long I would have if I’m asked to leave? As the decision will probably be made after my permit expires, I’m unsure if I would need to leave immediately or if they would give me 3 months

Not sure exactly, but it won't be 3 months, a week or two more likely.

Given that you’re an American who doesn’t need a visa to be here for up to 3 months as a tourist, you should switch to that status if the permit renewal is refused.

Thank you for your response. If I decide I want to appeal the decision to the cantonal authorities and if necessary to federal... would I still be allowed to work? Or would I need to switch to a tourist visa?

As said for up to 90 days American tourists don’t require a visa. But no, you wouldn’t be allowed to work because you no longer have a permit to live/work here.

Okay. So if my permit expires on August 1st and it’s pending review, I will not be able to work?

A friend of ours went through the same in BL. She appealed the decision on the basis that she is well integrated, has a job and speaks the local language. BL turned her down, but she won on appeal.

You should probably contact a Zürich based immigration lawyer.

Was she able to work during the time she was waiting for a decision from migration/during the appeal process? Do you also know roughly how long the whole process took for her? How long did it take for migration to send her the initial rejection and how long the appeal process took?

I speak German at a A1/A2 level

You can work until they refuse your renewal, even after expiry. Once/if they say no and you become a tourist, no work.

The immigration lawyers that I have spoken to all say that my case is “crystal clear” and that I will be told to leave the country. They don’t think it’s worth it to appeal the case as the conditions are clear- I have not met the three year marriage minimum and I’m not from an “unsafe” country.

Do you have any additional information on her case?

Thank you. So just to be clear I can work until i migration has made a decision.

If I appeal their decision I would then be a tourist and no longer able to work?

Please do not take what we tell you here on English Forum as gospel. Find out directly from the authorities whether or not you're allowed to work while your case is being considered. If not allowed, then do not work .