Is it possible to apply for an extended stay visa (either a work visa or a spousal visa) once you are already in Switzerland on a tourist visa?
Some background info: My partner has a job in Switzerland that will begin in several months, and therefore has his residence permit etc. all lined up. I am hoping to move with him, but have been somewhat less on top of my visa application. (It doesn't help that I don't have a bunch of fancy lawyers doing this stuff for me
Because I am a U.S. citizen I will be able to stay in Switzerland for up to three months on a tourist visa, but after that...
We are willing to get hitched before we leave the U.S. if that makes it easier.
I would love any info you might have about this!!!
If you're planning on getting married anyway, it would be easier to just do it there and get the paperwork moving. It's not easy to extend a tourist visa, and if you were to enter on one you couldn't look for a job while here...I think. Medea??
Spousal-wise it will be easier I think if you do it before you come here. The problem you may hit is that as you are non-EU, I believe he needs to arrive in the country before you to pick up his permit. Once that is done he then needs to apply for entry for you under family reunification. As part of that you will need a Type D visa to enter the country long-term and that technically should be applied for in the US. So coming in together may not be possible. Now some people have managed to apply for the visa and permit once they’re here, but the Swiss aren’t too happy about it and reactions vary from canton to canton. Some may process it and others may say no, which means you’d probably have to leave the country and it may have a detrimental affect on any subsequent visa/permit application. Is your OH EU or non-EU? It might make a difference. Anyway, check with the Swiss embassy and the cantonal migration office of the canton you will be living in to see what they advise.
Jobs-wise, yes you can look and apply for jobs while here as a tourist, but you aren’t allowed to start work until you have your permit. Finding a job can be very difficult without having a permit first because as a non-EU citizen any potential employer has to prove to the Swiss authorities that they can’t find a Swiss, EU national or anyone else already living here with a valid permit who could do the job before they can apply for one for you. Plus, if you did land a job, you’d technically need to leave the country to apply for the Type D visa from the US again.
So I’d say, get married and sort out the visa/permit side. Then once you have your permit, which should allow you to work, landing a job will be easier, assuming you have the necessary skills/languages etc.
Be careful: if you are not married, you have no right to live in Switzerland (beyond the "3 months in - 3 months out" rule for tourists), just because your fiance has a job here. This sad story on EF demonstrates this
If you are married (best to do in USA) then you can not only join him, but also work if you find a job. (though as your work doesnt need to be 'authorized' by the swiss, you would need to leave too if your husband leaves switzerland).
If as you say you have a few months, you can get married and then apply at the embassy for your entry visa D too, as a wife. The embassy will advise, but I think it's ok to both of you arriving together under these circumstances (your husband to work and you to join him).
Medea, a type D visa is the same as a "family reunion" visa, yes?
The consulate website says that this type of visa generally takes 8-10 weeks, and our plane tickets are for 7.5 weeks from now! (Poor planning, yes... this is why I'm worried about getting the D visa while still in the U.S.)
Can one begin a visa application in the U.S., then go to CH on a tourist visa, and get your real visa while in CH? Does this upset the Swiss authorities? We will be in Basel Stadt if anyone has experiences they would like to share from there.
Also, I have seen some posts where they mention proving that your marriage isn't a "sham". How does one do this? My partner and I have been together for 2.5 years, living together for 1. Is that enough?
Yes, it is the same type of visa as you would apply for on family reunification so no problems there.
No, you can’t. It will annoy the Swiss authorities because you are making an assumption that everything is okay by applying and then coming in without it. The whole point of the visa (which is stamped in your passport) is that it allows you to enter the country to stay here long-term, otherwise everyone would just turn up without any restrictions. Either apply for it NOW in the US, stressing the urgency and hope the Swiss sort it out in time - or take the chance of coming over and applying for it here, knowing that if it’s denied you will be asked to leave the country and may not be allowed back in for some years. You could try contacting Basel-Stadt Migration Office and see what they say as they will be the ones approving/denying your visa/permit application:
I don’t think you need worry too much about the sham marriage side of things. They’re more likely to check if it’s someone who’s recently married a Swiss national or may EU national who’s living/working here. But basically just any stuff that proves how long you’ve been together; you’ll have your marriage certificate, if you’ve been renting in the US an agreement with both your names on it, joint bank statements, anything you can think of which may help.
Let us know what you find out and how it all works out for you. The info’s always useful for those who move here later. After all, how do you think we got to be so knowledgeable.
Hi pepperylady! I found this thread on the forum and almost looks like I had writing it! I am facing a very similar situation as you.
I am Portuguese, living in switzerland with a permit B. In May, I got married in Portugal (yuju!) with my partner, and he is from Venezuela, so non-EU stamp for him . After the wedding we came back to switzerland because we are now putting the flat together, decorating, and usual stuff you do after you get in a new house/country.
The problem we are facing now, is that his 3 months expire in 3 of August, and his permit will not be ready for at least 3 months, and I would like him to stay here with me until the permit is ready to be picked up back in Venezuela.
So, please let me know what is the response you get from your request! We live in Luzern, and we are planning to go to the inmigration authorities to ask if there is any chance we can extend his stay for a bit longer, and will also give feedback on the forum on the response I get!
This is rather incorrect - if the "trailing" spouse eventually lands a work contract there is no requirement to leave if the "leading" spouse does. Well, at least no legal requirement .
Your situation is not at all similar as you are already married AND you are EU - in the wake of which your spouse should receive automatically the permit here and not in Venezuela...
I think you’ll find there may very well be a legal requirement. If the lead permit holder no longer has a job, then a dependent’s permit is tied to that. If he has to leave, that could well be it. There was an Indian couple enquiring here some months ago about swopping his wife’s dependent permit to an independent one. His contract had ended and as she had a job they wanted to make her the main holder, but the request was refused. I don’t know if he found another position, but presumably if he had to leave she would as well, despite having a job.
Interesting question though and one that needs answering. Maybe I’ll see what bfm has to say about it.
And our Venezuelan friend needs to get his entry visa in Venezeula so he can then enter the country legally on a long term basis. He’ll pick the permit up once he’s back in Switzerland.
"So, please let me know what is the response you get from your request! We live in Luzern, and we are planning to go to the inmigration authorities to ask if there is any chance we can extend his stay for a bit longer, and will also give feedback on the forum on the response I get!
best of lucks!"
Congratulations on getting married!
I haven't heard back from the cantonal office yet. My email to them was in English, which I think might be the problem. (I gather that you should probably talk to the official folks in the language of their region.) I'll get someone to help me with the German and try again soon.
You should also know though that the way the cantonal offices make decisions like this varies a lot between cantons, so contacting your local authorities is really the best option!
Because you are already an E.U. citizen I think your partner should have an easier time staying in Switzerland even though he is non-E.U.
There may be, but in the current form of both the AuG and supporting ordinance there is not. The permit becomes "independent" the moment the holder has a job as the "reason for stay" is updated to "employment". The only reason to possibly deny is too low a wage to support both.
That's not quite right - he needs to pick it up wherever he is currently resident.
I think we might be mixing up the entry visa and the residency permit here. The Venezuelan has entered the country as a tourist, which he can do for up to 90 days without a visa. However to come here under family reunification, he has to apply for a D-visa to enter the country. D-visa and tourist are not the same thing.
Normally D-visas are applied for and received in the home country. Then the person is allowed to enter CH under that visa instead of as a tourist. Often the reunification paperwork is being processed at the same time. The residency permit based on the marriage to an EU citizen is finalized and picked up here in CH...after he's entered on the D-visa. Make sense?