1) How long had you known each other before you got married?
2) How did the relationship break down so quickly since you were married only 7 months ago?
Little of this story makes any logical sense.
As I said, I got legally married there, I was never registered with a legal address, or insurance, or anything legal as I wasn't approved neither a b permit nor a d visa, I was just "visiting her as a tourist during the process of waiting for them to respond on my b permit family reunification"
1) we have known each other for 3 year prior to the legal marriage
2) the relationship was a bit rocky from the start and we were hoping to work this out once we were married and living together officially, but without going to too many psychological details on her (this isn't the place for that) suffices to say that she had a break down and just shut down and broke it off.
Yeah that always works
If you already knew the relationship was not good and still decided to get married then it sounds like a series of very unwise choices with a motivator being the Swiss residence permit!
No, more like the naive idea of hope. The issue at hand isnt about my intentions and my relationship, the question was simply about my recourses and my defence.
Let me recap what I think you have shared with us re. the legal situation.
You are not resident in CH.
You dont have a permit currently.
You have not formally deregistered.
You are keen to come back to CH in the future.
You dont have the funds to engage a Swiss based Lawyer to argue your case.
You dont have legal insurance which can help you with legal representation.
Your ex-wife has written a formal letter to the authorities against you.
Considering all the facts, you the the following options:
1. Contest the letter and the charges using Legal Representation (invest the funds).
2. Contest the letter and the charges on your own in writing (ideally a registered letter).
3. Lets things be and test your luck when you apply for a visa in the future.
I would see Option 1 as most ideal, Option 3 as least.
I dont see any other options.
I think you have recd. sufficient advise from the forum on what to do.
Maybe someone others can improve upon what I am sharing and find another option.
4 not having deregistered could be seen as overstaying which means he could be banned from entering Schengen for the next 5 years or so?
I dont understand this whole deregistering process, how can someone be registered in a country if you aren't formally there? I came I got married, I left.?
but I agree, I got enough information so I will play it by ear and figure it out.
thanks again to all that helped me.
You say you had applied for family reunification and a B permit! Where did the Swiss authorities think you were? Did you apply from abroad? Have you cancelled your application?
She applied for me from within, I didn't submit the application she submitted it from within while I was there.
Which means you applied for a permit, that you should have cancelled when you left.
Too late now, from what I read online on this topic was that once the divorce request was put the OCPM would put a stop on the permit issuance, no where did I read on my requirement of having to go in person and request it to be canceled - even on Swiss website.
Its fine, I will send a registered letter directly to the court contesting her request of annulment.
thank you. all
Good luck, lets hope you get this resolved
The thing is that the application for residence permit would need to be signed by you. Did you sign it? Are you sure she submitted the application?
Go to the website of the city/village you lived in (if this is Geneva here is the link: https://www.ge.ch/en/welcome-geneva ) and write them an email explaining the situation. The facts about marriage/application/waiting time/argument and the fact that you left the country and now you would like to make sure you are deregistered and the process is stopped. They should be able to help you sort this online.
Also, just to clarify, OCPM is just a migration office, and you will sort it out by writing them an email and canceling the permit application and deregistering. Important to understand is, they don’t do any marriage annulments, this can only be decided by court. So even if you don’t have means to finance a lawyer, sort it out with OCPM first and then apply for divorce yourself. This might even be possible online.
Folks, OP is not registered. He wrote repeatedly that he came on a tourist visa while the application was being made. If he never went to the Gemeinde to register, then he's not registered. Filing a residence permit application from abroad doesn't register you. He would have registered once the permit is approved and a Visa D issued.
Thank you, thats what I was thinking as well. Yes I have to sign the paper, but I can do it digitally or just being there temporarily.
It does not really matter whether he registered or not. He entered the country for a purpose other than tourism in contravention of the Schengen agreement and he remains here in contravention of the agreement. Which means the authorities could deport him and bar him from re entry.
He isn’t in Switzerland, he left.