I have held the B permit for 16 months.
If we were to divorce how would that affect my ability to visit my son from the UK.
I fear I would lose my B Permit and then becaome victim of th 90 day shengen rule.
Meaning for 90 days I could travel to Switzerland and then I would have to stay out of the shengen for the for the next 90 days.
I'm so afraid that I could lose continuity of contact with my son.
Can anyone help me with this . Would it be possible to to visit for 8 days each month
Yes you'd be limited to 90 days in 180. but that doesn't mean 90 days in and 90 out, you could spend every other week here throughout the year (for example).
In Switzerland for 40 years and has a C permit.
We were married in Switzerland and I was issued
a B permit. So I guess if we were to divorce now after 16 months I would lose my B permit and would have to return to the UK.
" Third-country citizens
You can have your permission to stay extended if
you have been married for at least three years and have lived in the same household with your spouse (Swiss or foreign national),
you are well integrated in Switzerland (impeccable reputation, good oral language skills, willingness to work or pursue education or training), or
you need to stay in Switzerland for important personal reasons (e.g. social reintegration in the country of origin is seriously compromised, domestic violence)."
https://www.ch.ch/en/documents-and-r…n-switzerland/
As said the 90 days doesn’t mean it has to be consecutive. You can mix and match as needed.
Assuming you did divorce and move back to the UK here’s some info and a calculator for working out how many days you’ve been in Switzerland.
To Switzerland. I have no job , no German or Swiss
German language skills.
Would you not be able to get a job here? Do you have money or assets of your own?
Well, if you’re the primary carer of your son you might stand a chance of getting a permit to stay here if you do divorce. No guarantee though, it’s very much decided on case to case basis.
- is the relationship repairable/solvable so that ultimately you can stay together ?
- if not, get all the legal and personal advice you can before you decide what to do
- separate your living arrangements (income, job/career) as a 'spouse' from your responsbility as a parent - how will you live when you separate ? What is your plan for being independent financially for the short, medium and long-term ?
- then think about the actual custody arrangements for your child - there is a difference between 'custody' and 'access' - and the law in Switzerland is assumed 50/50 care of the child - so even if you are the 'full time parent' - your spouse/ex will also need to think about whether they are prepared to be the full-time parent.... and that includes covering all holidays when the child is at school etc etc - again, short, medium and long-term.
In direct answer to Daddyzaky, if you have indeed been the 'primary carer' for the child and your partner has been earning enough income to support you both and to pay for childcare as well - then here is where having a child out of marriage makes it more complex. Did you sign papers at birth declaring yourself the father of the child ? Why did you not marry ? You certainly need legal advice to work out what your obligations/responsiblities are, if you are both in Switzerland, and plan to stay in Switzerland, and under Swiss law - and how you can support yourself independently to stay as close as possible to the child. Also, refusing to move out/separate until you have a legal agreement in place for shared custody would be essential I think...
There is another dimension for foreigners in Switzerland of what other passport/s are held - some countries will not allow removal of the child from Switzerland (Hague convention signatories) and some will - you need to protect your rights to prevent your spouse from removing the child from Switzerland, if that is a risk.
Tom
I spent 5 years going to IVF clinics in a dream to have a child together.
Ultimately she was declared to be infertile.
So we took my sperm and a czech womens egg and created an embroyo which was implanted into my now wife.
So the baby was born and on the birth certficate is shown my wife as my boys mother.
Then we had to get married quickly because brexit was a few months away so we got married so that we could stay in Swizterland to raise the child.
She wanted to raise the baby in a swiss german fashion within her family which
I wasnt attracted too and it just doesn't feel right. I began to feel like I had been used as a sperm donor.
And now after giving up my career in london and 6 years of unemployment I feel
like a burnt toast
So yes I am the boys Biological father , My wife is his Non bilogical mother and I risk being kicked out of the equation