Hello - I asked this question on Reddit but I wanted to post it here as well to get more input.
I am a non-EU resident in Switzerland. I am a MSc student at a university here and will finish my studies in the Autumn. I am marrying my girlfriend of a few years this summer here and she is an EU resident in Switzerland. She has a B-permit and is employed.
My situation is this - I will finish my MSc then plan to apply for my 6 month job-seekers permit after. I will try my hardest to find a job here in that time. If I am not able to do that within the 6 month period, will I be forced to leave Switzerland even though I will be married to an EU person? Will I need to leave Switzerland and then apply for family re-unification? Or can I apply for a spouse permit here after I am married and receive that instead of my job seekers permit? If yes - how can I ensure my shift from student permit to spouse permit is continuous?
Edit: Another question just came to mind - if I switch from the student B permit to the spouse B permit, will the years I have been in Switzerland as a student count towards the years required for a C permit?
I was told that if I were to get a job on a B permit after graduating, I would need to work for 2 years and then all of the years I have been here would count towards the C permit. I would like to know if this is also the case with going from student → spouse B permit.
They said I can apply for the spouse permit once I am married. I suppose I am still confused by the time line of things. I will still be on a student permit until November, but I’ll be married this summer. Should I apply for the spouse permit immediately after marriage? Or do I get the job-seekers permit then apply for the spouse permit?
Is there any difference to employers whether I have this job seeker’s permit vs. the spouse permit? I know the preference for Swiss/EU nationals is waived while I have the job seekers permit but I also know some employers are not aware of this.
This is probably the most logical path, but I’m not a permit expert.
The spouse permit means you have the right to live and work here. You wouldn’t even need a job seeker’s permit. The advantage for you and the employer is that there’s no additional paperwork needed on the employer’s part. They just hire you as a person already here on a B permit.
Definitely go for the family reunification permit. You won’t need a job seeker’s if you have that and there’s no criteria employers have to meet to be able to hire you. With a job seeker’s they have to show some sort of economic advantage for Switzerland when hiring you.
I believe there is an exemption to this economic advantage clause for the 6 months after I graduate from the university, but either way it sounds like it would make more sense to simply go straight for the spouse permit once I have married.
The most reliable way for you to plan is by getting the info from the authorities. While this page is on the respective event for Swiss, those guys can either adviss or will forward you to who can.
The first question will be whether you’re already registered, not as a resident but in the civil status registry. Probably not, but you probably want to because that is likely to expedite whatever needs doing after your marriage.