Girlfriend visa B

Hello

Can you help me figure this out? My girlfriend has a visa B after obtaining it through her now ex husband, I work in Germany with a work visa.

First of all can she loose her permit when the divorce is finalized? They were together 3 years prior to her obtaining the visa, they lived in another country. She is not an EU passport holder. Me neither.

Can someone just explain what can we do now for her not to loose the permit and what are the best steps for the future?

Thank you

Yes, she could loose the permit. Together 3 years or married 3 years?

What to do? Find a job.

Married 3 years prior and 1 year in Switzerland so 4 years in total, also she already has a job

But that is likely based on her married status?

You mean the job? Yes

she will not lose her permit if the marriage last 3 years and they live together in these 3 years , she speak one of swiss language , and has no criminal record, doesn't took social help than she can keep permit and love

I would not post this as if it's the absolute truth, because every case is unique. It might have worked out for you, but non-EUs have no automatic right to stay in Switzerland if they came on family reunification and the relationship later breaks down. However, it is possible to stay in some circumstances.

The OP's girlfriend has only been in Switzerland for a year, so it could be challenging to prove "good integration" to a level that she'd be allowed to stay. Certainly local language skills would help. In addition, her employer was able to hire her without going through the non-EU hiring process. Should she wish to obtain an independent permit, the employer will likely have to go through the non-EU process.

Lastly, it sounds as though she's already moved on to a new relationship before the divorce is final. If she's hoping to sponsor the OP on a dependent permit so soon after a divorce, I imagine this could raise a few red flags with the authorities.

Thank you for your response

Is her employer willing - or even able - to sponsor her for an independent permit? Does she have the type of job, and scarce skills, that typically fall under an non-EU hiring criteria?

This might be a difficult road, but certainly worth exploring as she looks at all her options.

"If you have obtained a permit to live in Switzerland under family reunification but you divorce the person who gave you the right of residence or this person dies, you must notify the cantonal migration authority.

If you have a residence permit (B permit), you may be permitted to stay subject to certain conditions:

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 (respect for law and order, good oral language skills, in work or pursuing 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

So it does not matter that they stayed together in Switzerland for only a year, it just needs to be 3 years in total does not matter where they lived (married for 3 years)

Yes the employer is willing so that is what gives us a little bit of hope

read what medea post , and for your last question if she already working i don’t thing so her employee need to apply for her permit , its better to call migration.

rules are same for everybody and its their own rules what i mention