Complicated decision: Family Reunification Questions

Visas, Permits, Passports and Naturalization
1
My fiance is pregnant and we don't know whether we would make it in time with the fiance visa. I (german) would get the B-Bewilligung in Jan, then we would fly to Mexico and get the fiance visa to get married in Switzerland and then do the family reunification. The due date is the 22nd of July. We shouldn't really fly after May.

The other option would be to wait a year with our move to Switzerland. So, get the baby in Mexico and then fly to Switzerland with the newborn. But then flying back to Mexico for the fiance visa seems super stressful.

Is it possible to do the family reunification a different way once the child is born? Because it is my child I want it with me and the child wants his mother. Is the only way to be married to the mother?

2
I hope I understood the situation correctly. She doesn't have to necessarily apply for the fiance visa at her country of citizenship... Secondly since you're already a EU citizen you can marry her in Germany then bring her over to Switzerland as your spouse. Thirdly the family reunion visa takes 90 days to process. Yours will probably go smoothly since she's pregnant; meaning the relationship is actually genuine and not a sham marriage.

P. S : This is unrelated. If your fiance gave birth in USA/Canada instead of Mexico then your kid will be automatically be eligible for citizenship under the right of soil. They might need it later.

3

Yeah, and burden the poor kid with US taxation headaches when they get older. No thanks!

You certainly don’t have to apply for the fiancé visa in her home country. If she’s in Germany atm she can apply there if you plan to marry in Switzerland and live here afterwards.

4

I called them and they told me that she needs to apply in the embassy of her citizenship (Mexico). And on the web, I also just find that she has to go personally into the embassy into her home country. Where did you find this information?

5
To add: She does not live in Germany. Her residency is mexico.

6
If your main aim is to get her to be with you asap, you are probably best staying in Germany for now and applying for her to join you in Germany. Get married in Germany, then look at coming to Switzerland.

7
If I remember well she needs a 1-time use type D visa to enter Switzerland with the purpose of requesting a family reunion permit. Usual docs like birth certificate and passport are requested by the embassy in Mexico. They also ask for a crime conviction record from the police. Bring these docs and a short interview and the D visa takes a few weeks.

However, I don't want to be that pessimistic but there's no base to ensure you get the B permit next January. The Swiss process is hindered by covid19, no idea why since borders were closed for a while last year (less work). Anyway, permit requests that took a few weeks now take months. If your B permit has some delays, the request for her entry visa will be delayed......then quite hard to meet the next May deadline.

As Medea and IM mentioned, it could be faster to apply for a family reunion visa in Germany because you don't have to wait for any permit. Will your work in CH close to the German border? You could move close to the DE/CH border for some months as intermediate step. It may be possible to commute to work in CH, even easier if there's some home office flexibility.

It's a burden above certain income level. Attractive for low-skill and low-income immigrants, not much for everyone else.

8
According to your profile you are located in Panama, the first step would be for you to get a job in Switzerland and find adequate accommodation, only then could you apply for a family reunification permit and have the financial means to support the application.

Finding a job could take anything from a couple of weeks to a couple of months.

9

the mind boggles

10
I'm not in Germany. Digital nomad :/

Do you think there is any chance they will make an exception so she does not have to travel to the Mexico embassy if she is pregnant and with covid around? I read they made exceptions during the height of the pandemia.

I'm self-employed (online) and have more than enough financial means. I don't think my B-Bewilligung is going to be a problem

11
No idea. As far as I know during the height of the pandemia last year the only exception was that the Swiss border was closed to new immigrants (entry visas were frozen for some months). If things get ugly again, don't know if similar restrictions could be enforced again.

12
Really, in that case my guess would be a few months to not at all. There are B permits to take up employment which are easy to obtain, B permits to establish a business IN Switzerland which are more difficult and permits for situations where one can show long term financial support non economic activity which are very difficult. But being able to justify the principle permit for an online business not rooted in the Swiss economy might prove to be very challenging....

Given your timetable I would not rely on it.

13
When I called the migration office he didn't say anything about it being difficult. I just need to fill out the form for the B-Bewilligung, explain what my company is about, and as I have enough finances ($2mio + $50k income/month) it should not be a problem. I will need to create a GmbH in Switzerland but I think that can only be done after the B-Bewlligung has gone through.

Why exactly would that take so long?

14
Swiss bureaucracy is always slow. And family reunification permits always take months and months (do a search on here).

Seriously think you’ll be pushing it to get your permit and a fiancée visa by May. Bring her to Germany, get married, then move as a family.

15
Sorry to be blunt, but with that kind of cash you should to talk to an attorney, not some randos on an internet forum.

As for why it takes so long, the Swiss like to verify that everything is perfectly in order and they don't just take your word for it.

16
That is true for non-EU. EU nationals have a right to residence in Switzerland because of Freedom of Movement. EU nationals are allowed to establish residence in Switzerland for freelancing, and all they ever have to prove is that they make enough money not to need welfare. I'm a musician, and most of my EU-national colleagues don't make in a year what OP claims to make in a month. They get B permits.

17
That is what I heard and what I am relying on, too. From all, I heard the B-Permit should be relatively easy.

The question here is really if it is 100% necessary for her to go to Mexico to get the marriage visa or if they will make an exception as she is pregnant and there is covid. But I guess we will just have to try.

If anyone has a better idea let me know

18
Would be a good idea to read the actual provisions of the agreement....

19

Highly unlikely they will make an exception, you can try, but don't be disapointed.

Switzerland is a "rule based" society.......

20
The very first paragraph of the government page on EU nationals self-employment :

All nationals of EU/EFTA Member States may also be self-employed (with specific regulations for nationals of Croatia) have the right to live and work freely in Switzerland. They can thus also become self-employed.

It's pretty clear.

Article 1 of the Freedom of movement agreement is also clear: nationals of the signatory countries have the same rights with regards to work access as locals.

The article on self-employed workers, which is Annex I, Art. 12, says:

(1) Le ressortissant d’une partie contractante désirant s’établir sur le territoire d’une autre partie contractante en vue d’exercer une activité non salariée (ci-après nommé indépendant) reçoit un titre de séjour d’une durée de cinq ans au moins à dater de sa délivrance pour autant qu’il produise la preuve aux autorités nationales compétentes qu’il est établi ou veut s’établir à cette fin.

(2) Le titre de séjour est automatiquement prolongé pour cinq ans au moins, pour autant que l’indépendant produise la preuve aux autorités nationales compétentes qu’il exerce une activité économique non salariée.

(3) Pour la délivrance des titres de séjour, les parties contractantes ne peuvent demander à l’indépendant que la présentation:

a)

du document sous le couvert duquel il a pénétré sur le territoire;

b)

de la preuve visée aux par. 1 et 2.

(4) Le titre de séjour est valable pour l’ensemble du territoire de l’État qui l’a délivré.

(5) Les interruptions de séjour ne dépassant pas six mois consécutifs ainsi que les absences motivées par l’accomplissement d’obligations militaires n’affectent pas la validité du titre de séjour.

(6) Le titre de séjour en cours de validité ne peut être retiré aux personnes visées au par. 1 du seul fait qu’elles n’exercent plus d’activité en raison d’une incapacité temporaire de travail résultant d’une maladie ou d’un accident.