B Permit Renewal during Separation?

If you have written proof you are taking the A2 test on that date, they may well accept that on the basis that you confirm the results upon receipt.

HOWEVER - our immigration lawyer told us that if you feel you are in any danger of losing your renewal you need to be very careful what you write to the authorities. Especially if German is not your first language.

Now, you might exclaim "well they would say that" but they did give a simple example (which of course I frustratingly can't remember now) to demonstrate why showing it to a lawyer is a good idea.

My personal tip for dealing with lawyers - do the grunt work for them yourself. So give them your best written draft of what you want to say. It is usually cheaper to get their criticism and fixing of your response than to pay (and wait!) for them to do it from scratch after you have explained it, all on the clock.

Good luck

Kind regards

Ian

I am not a lawyer. But this is what I recommend for the parts besides the explanation of the state of the marriage. For that, I agree that you should seek advice of how best to decribe what happened.

Collect all the documents that the immigration authorities are asking from you, and send them in before the deadline they have set you.

Proof of Employment

Collect this for your current job as well as for all previous employment you have had, Switzerland.

If you do not have a written contract, then ask your employer(s) to provide one. In case they won't or won't do it right away, then you prepare the outline as a draft. That way, you save your employer the work and help them to get you the written contract faster. List your full name, date of birth, address, AHV-Number (it is usually shown on the back of your medical insurance card), the date on which you commenced work and write up a brief job description and conditions of work and remuneration, and give it to the employer to use as a start.

If there is any employer for whom you cannot get a written contract, you can also prove your employment with your bank statements. For your own privacy, cover up other transactions.

Another way to do it is to request a statement of your social security contributions from your local SVA office, to which each employer must have paid your contributions.

Proof of Rental

As you do not have the rental agreement, ask your landlord to send you a copy. If they ask you why, simply tell them you can't find the original, that's all you need to say. Such a copy should, ordinarily, not be a problem to get.

If - because as you say your partner had been dealing with all those matters - you do not know who the landlord is, then have a look in the entrance of the building where there is often some sort of sign with the contact numbers of the landlord or the caretaker, or else ask your neighbours for the contact details of the landlord.

Proof of Language

As you will not have the language certificate before the deadline the immigration authorities have set, at least send in the proof that you have registered for an test, proof of your payment of the fees, and a print-out from the test centre's info showing that the result will be available in 4 to 8 weeks. Calculate those actual anticipated dates, write them in your covering letter that and add that you will submit the test results to the immigration department as soon as you have them.

This is very good advice!

Are there any children involved?

Hello Ian

Thank you for the information. I was waiting to renew my permit 14 days before expiration, but I received a letter from migration asking me to explain my separation and provide proof that I don’t receive social benefits, my work contract, and proof of language. I’m not sure if this is considered the canton reaching out to me to see what my situation is before I submit my renewal. Or if this is their way of making a decision as to whether or not my permit will be renewed and I do not have to submit a different renewal form... hopefully that makes sense.

Could it take up to two years? My previous lawyer that I am no longer working with told me it would take a couple of months or a year maximum.

Yes, that is fine. I expected to not travel much during this period, but if I need to I will go through the visa process. Hopefully it won’t be too difficult

I suggest that things are *probably* not as connected together as you might think.

The questions about your relationship are definitely related to your separation proceedings (perhaps triggered by something your ex has done - reregistering his residence, maybe?) but *may not* be officially connected to your permit renewal status... yet.

My advice is to actively start the renewal process yourself, today. Don't wait for the invitation letter. IIRC you just go into the Gemeinde to make an appointment (they may even see you right away).

The person I helped recently (a 3rd country national, although not a family reunion case) just had to tick and sign a very simple form, bring the previous B permit, proof of financial means (payslips/bank account), passport, and the application fee.

Once you have done that - REGARDLESS OF THE OUTCOME - you have done what is required to receive the protections under the law I mentioned.

I wouldn't volunteer any extra information about what has happened. But obviously, if the Gemeinde staff ask you questions about your relationship status, you can truthfully answer that you are working on it.

Kind regards

Ian

Thank you for the tips. Yes the separation was initiated by my husband and I only found out recently. He is trying to force a divorce but I know that if I don’t agree there’s a 2 year separation period. Im not sure what he and his lawyer are planning, but I know his goal is to terminate himself from the lease and to get a divorce.

I am away for a work trip this month and most of July as well. My plan was to renew my b permit 14 days before expiration. I hope that I would receive a letter to renew by then, but if not I will go to the gemeinde. I thought it would be helpful to submit the documents first and then renew my permit....

AFAIK, one is eligible to start the renewal process up to three months before expiration. Why would you wait until there are only two weeks left?? Give yourself a time cushion, particularly given the circumstances.

Slightly OT but the same advice goes for passports. Don't wait until the last minute. You don't have to wait, and life happens. Renew early.

I really wouldn’t wait that long if I were you, I would start the ball rolling as soon as possible so that if there are any issues you can sort them out before the permit expires.

Change your plan for a better one. If you have less than 3 months left before expiry, you can renew now.

As others have said DO NOT WAIT.

I'll say it again. DO. NOT. WAIT.

It will take you half an hour at the Gemeinde and it may well dig you out of a hole later.

Kind regards

Ian

Thank you for the advice. I just received the permit renewal form in the mail today and will submit it after I get my employers signature. I have also scheduled a consultation with a lawyer in 2 weeks

But the form has me thinking... I would check the box married-separate households since April. But on the bottom, I saw an option for judicial separation “gerichtlich getrennt.” I never signed any separation papers nor have I been summoned to court to discuss the separation agreement/details. I just know my spouse wants a divorce and is working with a lawyer but will not disclose more information.

Would this be some kind of loophole to renew my permit without living with my husband? Or am I just overthinking it

Please, do not guess and tick a box that doesn't actually apply to your situation (yet). It's possible that if you tick the box, the authorities will want to see the legal separation document - which you don't have - so you'd be making a false statement. Definitely ask this question to your lawyer.

she hired a lawyer or did she have done all by herself ? like appeal etc

if the separation is not officially than don’t tick on that i was also separated from my wife to see if its work or not but sadly it won’t work we are getting divorce by mutual understanding i just got my c auswiess 3 months ago

I’m sorry to hear that it didn’t work out.

We are separated and he informed the gemeinde that we do not live together. We have not yet gone to court for a legal separation.

As we have only been married for 2.5 years, I’m not sure if I will be able to stay in Switzerland. Did you get your C permit after being married for 5-10 years?

i got c after 5 year marriage , i got this year 2 months before and after two mont we are going to divorce our date for divorce is after two month

I don't have too much to add to this discussion.

I would say though, that this is a really good example of the positive side of the EF.

It's great how there's so little squabbling and some really sound advice without judgement. The offer of contact with a really appropriate lawyer is also very decent.

I feel for the OP - it must be just so heavy to deal with. I hope you get it worked out soon. To echo many others, don't get pushed into anything, no matter how small.

All the best.

Was there an outcome to this situation? Were you able to stay?