Divorce - non-EU permit B

Visas, Permits, Passports and Naturalization
1
Hello everyone,

Me (non-EU on Permit B family reunification) and my husband are separating. I plan to rent short-term furnished apartments for a few months. Will that impact my family reunification "shared the same household" ? My mail address and registration still stay the same but I will need to sign a contract (give ID) to rent the short-term place.

Thanks for any advice!

2
I am a non-EU citizen living in Basel-Stadt on a B family reunification permit with an EU-citizen for over 4 years. I have a job (not starting until next week) and language certificate and am well integrated into the society.

We are discussing a divorce. I hope you could kindly help me understand:

1. If we divorce now, I should be able to have my own B permit. Does this B permit depend on employer sponsorship to renew every year?

2. My employer (the new job starting in a week) doesn't sponsor any visa for non-EU citizens. How much time will I have before I have to leave Switzerland since I no longer have a work permit?

3
  1. No, you would not have an independent permit unless your new employer is prepared to go through the non-EU hiring process to get you a new permit.

" 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/foreign-nationa…partners-death

  1. That would be up to the cantonal authorities since I see from your profile you’re Chinese so need a visa even to visit Switzerland as a tourist. I would guess you might get about a month or so to leave the country, but you’d have to check exactly with the migration office to be sure.

As for renting somewhere else for a few months, yes you’ll be breaking one of the requirements for the family reunification permit. And I’m not sure you’d be able to keep your current registration either, if you’re living somewhere else for several months.

4
Thanks Medea Fleecestealer! For the first question, I am a bit confused. "You can have your permission to stay extended" - does this also require an employer sponsorship? do you know how much extension is that?

5
As a non-EU citizen, your permit is either in your own right (independent), or it is due to family reconciliation.

To have a permit in your own right,

you need to be able to support yourself. If that is by being employed, then that employer will have to obtain the permit for you, from the immigration authorities. To have a permit due to family reunification,

you need to live in that family unit and your spouse be able to support you.

Having said that, the principle of permits is that each case must be considered individually. The possibility that you could transition to a permit in your own right would be measured by criteria as Medea listed. Therefore, the best advice is to fulfil that list. Additional criteria can sometimes be considered, such as if you have children here who need you, or if you need to leave your spouse to get out of an abusive situation.

6

Yes, your employer would have to apply for a permit for you. Non-EU B’s have to be renewed each year unless you get what we call an “open” B which means it isn’t tied to your employer.

7
What is an "open B"? Is this the permit that a person who fulfills the conditions listed in Ch.ch website can get?

the 3rd criteria is really hard "you need to stay in Switzerland for important personal reasons"

8
Two types of B Permit.

One is tied to an employer i.e. they sponsor your B Permit. You can only work with them. And if you want to change job, the new employer needs to sponsor your B Permit.

Second one "open" is where you are a free agent i.e. not linked/tied to an employer. Gives you a lot of freedom in terms of changing jobs etc.

9
How to have an open B permit? Am I eligible for applying?

10

No, it’s something you’d only get after several years on an independent permit.