I am a US citizen married to a Swiss (and dual-US) citizen. We are living in the US right now. We would like to move in with her mother in their family home in Canton Zurich.
For my route to Swiss citizenship, I understand I can pursue “simplified naturlisation” as it is very clearly described on the Swiss State Secretariat for Migration SEM website here . Basically live for a total of five years in CH, married and living with Swiss citizen spouse for three years, and spend the year prior to submitting the application in Switzerland.
But what I am not clear on is this: Once we land in Zurich, on which visa may I reside in Switzerland for the five years leading up to my application for simplified naturalization? My US Passport grants me a 90-day visa, but that’s a far cry from 5 years, so there must be an intermediate step that I am not reading about yet.
Perhaps I’m being dense and the answer is quite simple, but I have not been able to find it in the threads here or on the SEM website yet!
You/your spouse need to check on what conditions would apply for a Swiss/non-EU national to be able to move here. I say this because for EU and non-EU nationals the main permit holder has to prove they have sufficient funds to support their dependents and also have suitable accommodation. This usually means having a job here and accommodation that is big enough for all dependents to live with the main permit holder. I don’t know whether the same applies to Swiss nationals wanting to move back with their dependents. Moving in with your spouse’s mother may be possible, but whether your spouse needs to show they can support you financially or not I don’t know.
If whatever conditions needed are met, you would need to apply for a Type D visa at the Swiss embassy/consulate. This allows you to enter Switzerland for longer than the 90 day tourist limit. Once here you would get a B permit which allows you to live/work here so long as you stay married to your spouse.
You may also have to show you either speak a Swiss language or are enrolled in a language course to start learning this.
Ok, it sounds like my assumptions are correct in that it would be helpful for me to work with an immigration attorney on this matter, to make sure I don't mess anything up.
I am retired and do not need to work, but am under the age of 55, and have been supporting my spouse (the Swiss citizen) for almost 5 years now.
English is my native tongue and I also speak Italian at B1 level, and furthermore plan to enroll in the intensiv Klubschule German A2 as soon as I arrive, so that I am able to communicate with my neighbors and make friends more easily. So I hope the language requirement is ok.
Don't think you need an immigration attorneys - we do not use attorneys for all purposes here.
Just contact the local authority and ask them for the process - probably easier if your wife does that in local language. Then follow the process. It's relatively simple and as long as you have enough funds, should work.
Enough funds is the question you need to answer here as life in CH is expensive and you will need insurance etc. Authorities can answer this question as well.
I disagree that hiring an attorney will help. It isn’t necessary and it could be taken the wrong way. Go directly to the local office and work with them.
You need to apply for a D visa (for entry) and a B residence permit for family reunification. In principle you apply for both at the embassy and wait for the authorization before you move here — that's usually the case but I'm not sure if the fact your spouse is Swiss changes that. In practise, and especially in a situation like yours, some cantonal migration offices might not care how you entered and will process your application no matter what kind of entry visa you have, so it's sometimes not impossible to simply register and apply for the B permit when you're here on a tourist visa, but there's no guarantee. Would check with the cantonal authorities first if they consider you need to apply from abroad or not.
In principle your spouse must prove that they can support you, but that might be waived if you show you are financially independent. They'll also need to show that they will live in a large enough home to welcome you.
You are exempt from proving proficiency in the national language of your future commune of residence, because you are the spouse of a Swiss citizen. EDIT: just to clarify, you are exempt from the requirements to get the B permit, but you will be subject to those requirements when you seek to get permanent residence (C permit) later on, and then citizenship.
I agree you probably don't need a lawyer. The process is not usually super complicated, and particularly in the case of family reunification with a Swiss citizen, it is unlikely to be turned down. You will be provided with a list of documents you need to submit, as long as you provide everything, all should be fine. Adding a motivation letter that also explains any particularities of your case (for example, your financial situation, if your spouse can't prove that they will be able to support you) is never a bad idea.
Was your marriage reported to Swiss embassy? For us it took 8 months for the marriage to be recognized and updated in Swiss civil registry (through California embassy). That’s all you need. And this is an absolute must for facilitated naturalization. You don’t need a visa. You just come to Switzerland and register at the Gemeinde where you will both live.
Contrary to what some are saying here, I expect that taking legal advice is a good idea as your is not a typical case. If you continue to support your wife and yourself from a non income source then you need to be aware that Switzerland takes a narrow view of which financial sources they consider in determining if you have sufficient funds.
The Swiss Federal guide “Returning to Switzerland: Swiss citizens living abroad” notes:
"Foreign spouse or partner
In principle, your non-Swiss spouse or partner is entitled to a residence permit for the purpose of family reunion. Depending on their nationality, a visa may be required to enter Switzerland. This will be issued by the competent Swiss representation abroad, which will also provide you with information about entry formalities. In all cases you should find out about the details in advance.
To obtain more detailed information about entry formalities and residence permits, please contact the State Secretariat for Migration."
Thank you for all the great information and links, and apologies in just now getting back to the internet as a whole, after a pleasant and lengthy absence from it.
So! Where to start. First to answer a question I see here, our US marriage has not yet been reported to the Swiss embassy, but we plan to do this shortly. We have not been married for too long.
Next, there seems to be agreement that my spouse, the Swiss national, needs to inquire at our local Swiss embassy first to submit the marriage license, of course; then, to get me (the US citizen foreign spouse of the Swiss national) started with a D Visa and a B Residence Permit.
I see some back and forth on this thread about whether to consult an attorney, or simply to work directly with the cantonal authorities. My concern is that upon moving to Switzerland, my wife will not already have a job lined up (but certainly will be seeking one) and my retirement income is from a discretionary trust as a beneficiary, and is therefore not guaranteed income from an irrevocable fixed-income trust ... so there might be some difficulty convincing the immigration office that I can support not only myself, but also my wife, even though this is exactly what I've been doing for many years.
My gut feeling after getting through this thread is to start with the embassy, and work forward from there, and only to get legal advise if we run into any problems. I am sure Swiss citizens abroad return to Switzerland all the time with foreign spouses, and we are both legitimately looking for work, and have to means to support ourselves without being a burden on the Swiss social security system.
PS: Thanks for the English version of the "Returning to Switzerland Swiss citizens living abroad" -- this was super helpful.
Definitely see what the embassy/consulate has to say first before getting any lawyers involved; could be an unnecessary expense dragging one in when you don’t need to.
This. My husband did everything through the local consulate office (not embassy) and they were very helpful. They told us exactly what paperwork was needed when, where to send it, and followed it through the Swiss side and kept us posted. There really should be no need for a lawyer.
Also, there's no reason why you would need to prove you can support your spouse. She is Swiss, so she is entitled to live in Switzerland without limit. They can't deny her return even if she was to have no source of income directly after moving. It's her that might normally need to prove she can support you, not the other way around (not even sure that applies to Swiss citizens bringing their spouse, as family reunification for Swiss citizens is a right/entitlement and not a privilege like for non-Swiss residents).
Yes it does (my husband had to show his income and I was EU at the time). Same in the UK, a UK citizen has to prove that they can support a Non-British spouse to get them a visa.
To me, the consulate is suggesting two things that seem contrary to what a few folks on this thread have suggested.
First, the consulate appears to suggest I mail a request for a resident permit to the canton sometime after I have submitted ("made") the visa application, but assumedly before I arrive to Switzerland. (Also, they seem to have confused the fact that I, the spouse, am also the visa application) A few people here said once I get to Switzerland, to walk into the migration office and request a residence permit.
Second, the consulate appears to think I need to submit the request for a resident permit directly to the canton, instead of submitting it through the consulate.
Just a follow up. I'll have more information when I have a moment to talk to the consulate again.
I think some of the confusion might lie in the way the terms "visa" and "permit" are used. A visa is the document allowing you to enter Switzerland. Even citizens of countries that don't need visas to enter Switzerland as a tourist , do need a visa to enter with the purpose of settling and living with their Swiss spouse . Specifically, that is a D Visa. All the checks are to do with issuing that visa. A permit , on the other hand, is the permission not to enter the country but to reside here. Some permits grant one permission to work and others specifically exclude employment.
The visa is issued to the successful applicant while they are still outside of Switzerland. With that visa, they travel to Switzerland. Once here, they go down to the local municipal office and register (in German this is called "anmelden") their precence. Then, their permit will be issued. This certainty arises because all the checks were done by the authorities earlier, when the application for a visa was processed.