Non EU GF refused concubinage

Visas, Permits, Passports and Naturalization
1
Hello. I am an EU citizen with B permit.

Since 2 years and half I have a non eu girlfriend that initially came here to study.

She recently lost her job and her permit with it.

We tried to apply for concubinage but it got refused because we are not living together since enough time (we just moved in after 2 years)

We don't want to be forced to marry, but it looks like there is no other way. We are in a miserable state right now.

We stay in Vaud.

Is there anything we can do other than marry?

2
Apart from finding another job, which will take time, no, not much else.

3
Is there a possibility to register for marriage with a delay (like 1 year) so that we can stabilize in the meantime?

4
This all comes down to the legal status of marriage and how serious you are about staying together....

If you are not 'that serious' (to want to get married) then as far as the state (Switzerland) is concerned, you cannot use your relationship to bring a Non-EU person into the country...

I would wonder why you think a 'concubinage' agreement is OK, but marriage is not OK for you and your girlfriend/boyfriend. If you have been 'together' for 2 years and were also willing to start living together, then why not get married ?

Otherwise, each partner needs to be completely independent and self-reliant until such time as you are ready/able/willing to be in a marriage partnership..

5
I doubt that that will be accepted.

6
Simply we don't want to be forced to marry on someone else term.

Now we have some money to survive, but not enough to have the life we want. It's a hard time and not the right moment.

What would happen if we book the marriage day for a date "far enough" in the future (like 1 year)?

7
Nobody is forcing you. Just the rules if you want to stay here.

8
You would be applying for a 'fiance' visa.

I don't know the specific requirements, but you will need to carefully check:

- time limit for marriage date

- language requirements for your fiance

- whether your fiance will be allowed to freely work

- whether your salary is adequate to support both of you long-term

- whether your fiance will be allowed to study

- whether your fiance needs to leave the country for a period of time during the application process.

9
It seems simpler that she applies for unemployment benefits and eventually find a job.

10
Non EU so probably on a tied permit?

11
If she’s contributed she’s eligible to claim.

12
I have a friend who married someone to save her from Pinochet. But that was a long time ago.

OH and I had to get married. There was no other way for me to join him in the UK - we are still together 52 years later.

Probably no other way- and the fact you don't live together is probably a big red flag to authorities re sham marriage, I am afraid.

13
Yeah she worked for 1 year and half, both of the time paid internships after completing graduation.

As she had a legitimation card and not a B permit (she still paid all the contribution oasi/avi/whatever) we were informally told she was not elegible to ask anything

14

Thank you, we'll try to get the necessary information, not speaking french very well doesn't help.

"whether your fiance needs to leave the country for a period of time during the application process." So even if we marry, she could be forced out of the country until the marriage?

15
They do live together, they just haven’t lived together for long enough yet in the eyes of the authorities.

16
People working for a foreign organization under a carte de légitimation don't have to pay income taxes, social security (unemployment, invalidity, 1st pillar, etc), and compulsory health insurance. If she paid this, it's weird. Anyway, the CdL explains why she's not eligible for unemployment benefits.

Back to the issue, another reason to obtain a permit to is study in Switzerland. If she has not studied more than 7 (or 8?) years in Switzerland, it's possible to get a permit this way. So, getting married is a choice, not the last resort

17
Yes, honestly we unofficially live together for more than one year. We were naive about not registering before, we did the registration just this July, as part of the concubinage process.

Now we are concerned that even if we start the process of marriage they may smell a red flag and refuse it.

18
Would it be possible to subscribe to another course/university but drop it if you find a job? Or they will never let you apply for the permit

19
The university path yields a student permit. Cantonal authorities may request a bank statement to assess if the student has enough money to live in Switzerland without a job.

Switching from student to salaried worker is not a process started by the worker. This process must be started by an employer that requests cantonal authorities to hire a non-EU worker. So, technically the non-EU student can never apply for a residence permit .

Talk to a lawyer. It's a very specific case where randos online may not yield the best answers.

20
Ahh a CdL. It’s likely any contributions she made went to her home country and not into AVS. Depends on the country, of course, and the agreement it has with the Swiss.