Hi all, hoping to get some insight to better understand the moving process and our particular situation.
We are living in Hong Kong. Husband is EU citizen and will transfer to Zurich with the Swiss company he is working with currently. I am American and will travel with him and would like to work, too.
Our problem is that we plan to leave our current home (Hong Kong) end of June , and he will have a 3 month sabbatical, so he is not actually starting to work in Zurich until October . We would like, though, to get set up in Zurich already in August (e.g. look for an apartment, me applying for jobs, I will also be applying for EU citizenship but need permit first to apply from Switzerland) -- all these things require we have Swiss residence through the B permit. We plan to "wait it out" in France starting end of June.
The company is being very slow and we still don't have a contract or further information from them, so now we are feeling quite anxious how we can arrange to be in Zurich earlier when we don't yet know the details.
Could anyone please explain a little bit about how long this process takes for an EU citizen + non-EU dependent? What is required from the company for us to apply? (e.g. just a contract with a future start date? actually starting working? no contract yet?)
Patience seems to be a virtue with the Swiss.
It’s not going to be easy. See this for general info on what you need.
https://www.ch.ch/en/family-and-part…reunification/
Your problem is that until he officially starts work you’re both here as tourists and as such you cannot apply for jobs as you will not have your permit status at that time. If you do then you’d fall under the non-EU hiring criteria. You need to wait until it’s confirmed you’ll have a family reunification permit which bypasses that criteria as far as employment is concerned.
For your husband to get a permit he’ll need to show an employment contract with starting date. That will be the date the authorities work on re permits for you both.
For family reunification he will also need to show a rental contract for a property big enough for both of you.
Not sure why you think you need a Swiss residence permit to apply for EU citizenship. That is based on your nationality/parents’ or grandparents’ nationalities; nothing to do with having a Swiss permit.
Thanks for the reply. A few things don't seem to add up:
- How can we get an apartment without the permit first? I thought we must first have residency to be accepted by any LL.
- What do you mean by work "start"? Surely the permit has to be approved before the first working day. So, is there some leeway in which there is a contract, e.g. starting Aug. 15, and when we apply for permits?
If I am already in Switzerland as a tourist, does that pose a problem for getting a visa for a stay longer than 90 days first?
(Never mind about the passport issue -- we are clear about this process, but because it's long, I cannot go ahead and start it here in HK.)
The usual way to get a permit as a non-EU spouse is to wait outside of Switzerland while your spouse's employer and your spouse apply for a family reunification permit for you. Once it's approved, you pick up a visa at a Swiss consulate at your country of residence (if necessary), enter Switzerland, and get your permit. Then you can start looking for a job, as you have authorization to work.
I entered Switzerland as the main permit holder. For the first three months, I had a temporary apartment while I searched for an appropriate family apartment. The temporary apartment was arranged by my employer (I did not have a physical permit right away, but I did have a piece of paper showing I had registered with the authorities as I had authorization). Only once I was physically in Switzerland and started work was the family reunification process triggered for my spouse and child, and I had to show I had found an apartment that was appropriate for all three of us; to get that apartment, I had my permit and a letter from my employer confirming employment and salary.
Apparently now there might be some leeway and some non-EU spouses actually can arrive at the same time as their main permit holder spouse, but it is an exception. Try to find a temporary place first, such as a bed and breakfast or a furnished apartment (careful, AirB&B apartments have a history of not being acceptable as residential addresses for the authorities; important for your spouse).
Then house-hunt together. Before you have an authorization/permit, the rental agreement will have to be in your spouses name only. Once he starts work/gets his registration letter and permit, he can start the reunification process for you which will result in your permit after some time. I think it's not likely you will be able to look for a job starting in August, because potential employers want to know you have work authorization before bothering with non-EU employees.
As an EU national there’s no problem getting a permit provided your husband provides the necessary paperwork.
" Gainful employment of more than 3 months:
Within 14 days of their arrival and before actually taking up work , nationals of EU/EFTA states have to register with the local authorities of the commune in which they are residing and apply for a residence permit. A valid ID or passport and a written confirmation of employment (e.g. the contract of employment containing details of the duration of employment and the number of working hours) have to be presented. A residence permit will be issued depending on the duration of employment: a short-term residence permit (type L permit) for employment of up to 364 days or a residence permit (type B permit) for employment of at least one year or for an unlimited period.
The steps necessary for obtaining a residence permit may be taken after arriving in Switzerland."
https://www.sem.admin.ch/sem/en/home…ml#-1597848978
You may need to find temporary accommodation for a few weeks/months then look for a permanent base later. See if your husband’s employer can help as well. Sometimes agencies/landlords will rent out if the tenant is backed by their employer.
As for the Type D visa, that depends on the canton. Some might issue it without you having to do anything else; others will insist you apply for one at a Swiss embassy/consulate in a neighbouring country and pick it up there. Type D’s are only issued once family reunification is approved.
As LiquidPaper said the usual way is for the non-EU spouse to wait either in their home country or country of current residence if different until the family reunification process is done and the permit approved. While the spouse in Switzerland is doing the family reunification side, the non-EU spouse is applying for the Type D visa at the Swiss embassy/consulate of their current residency country; that will be matched up with the family reunification application and if/when that’s approved then the visa will be stamped into the non-EU’s passport so then can come here.
Thanks for the information. Slowly the process is becoming more clear. I also spoke with the Hong Kong CH Consulate, which was helpful. They said once I have documentary proof of the intention to take up work in the near future (i.e. October), I can submit the paperwork here in Hong Kong (and either pick it up in HK if it's ready in time or in France).
Does Canton Zurich issue Type D visas from within the canton or are they one of those that typically requires it to be obtained outside?
D visa is not issued by cantons, it's issued by the Swiss representation abroad, upon approval to do so from the federal SEM. You cannot get a D visa from inside Switzerland, as the purpose of the visa is to enter the country in the first place. What is true is that some cantons don't care if you actually have the visa when issuing the residence permit (their logic being, who cares how you got in, you're here now and we have a permit approved for you).
That's what happened to me when I first arrived in Basel, got the approval at the last moment with no time to go get the visa, entered on a tourist visa (with a trip home planned a few weeks later anyway), once there went to register and they said now that I'm registered there's no point in going to the embassy to get the visa when I'd be home.
Your husband as EU is entitled to establish residence in Switzerland at any time (he'd be entitled to move here and search for a job once already here). He can definitely move here before his work starts.
There's no rule that you need a permit to find housing. In fact you need an address to register and get the permit so it's more the other way around. Some landlords might ask to see the permit, but it's absolutely possible to find a home without it. Maybe I've been lucky but none of the landlords I've sent applications to in Basel or in Valais had a problem with that.