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Work Permit and marriage
If a person with a work permit in switzerland is getting married does his wife get also a work permit?

same scenario but with no marriage- if a couple are known in public and they declare about it in the city hall, does his spouse get a work permit?



thanks
The text you are quoting:
If a person with a work permit in switzerland is getting married does his wife get also a work permit?

same scenario but with no marriage- if a couple are known in public and they declare about it in the city hall, does his spouse get a work permit?



thanks
reffaelJan 28, 09 15:35
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Re: Work Permit and marriage
Post 1

No! she still needs a work permit as she becomes accompanied status to be with her husband only (residence permit as long as her husband is officially working).

What do you mean "known in public"? actor, singer? No! both need work and residence permit permit.

The text you are quoting:

No! she still needs a work permit as she becomes accompanied status to be with her husband only (residence permit as long as her husband is officially working).

What do you mean "known in public"? actor, singer? No! both need work and residence permit permit.
Rafiki, Jan 28, 09 15:51

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Re: Work Permit and marriage
Post 2
"known in public" - lost in translation.

i meant when a couple lives together with no marriage but with legal obligations
The text you are quoting:
"known in public" - lost in translation.

i meant when a couple lives together with no marriage but with legal obligations

reffael, Jan 28, 09 16:00
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Re: Work Permit and marriage
Post 3
Sorry, but that last comment is not correct..
The text you are quoting:
Sorry, but that last comment is not correct..
chillout, Jan 28, 09 16:57
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Re: Work Permit and marriage
Post 4
.. unless you come from a UE country.

Here is the site with all the information about work permits:

http://www.geneve.ch/permis/welcome_uk.asp

The text you are quoting:
.. unless you come from a UE country.

Here is the site with all the information about work permits:

http://www.geneve.ch/permis/welcome_uk.asp
chillout, Jan 28, 09 16:59

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Re: Work Permit and marriage
Post 5
Are you and your partner from an EU country? If so, she can get a "dependent" residence permit. For my situation, I had the job, and she was coming too. When applying for her permit, we attached a letter from me where I signed that I would financially support her, and we also included a salary certificate from my employer. She got a residence permit with no further queries in the usual time.



Hope that helps!
The text you are quoting:
Are you and your partner from an EU country? If so, she can get a "dependent" residence permit. For my situation, I had the job, and she was coming too. When applying for her permit, we attached a letter from me where I signed that I would financially support her, and we also included a salary certificate from my employer. She got a residence permit with no further queries in the usual time.



Hope that helps!
GenevaRower, Jan 28, 09 17:45
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Re: Work Permit and marriage
Post 6




thank u all for the usefull information



Villarsvilla, is there a copy of the new Aliens' Law somewhere on the net?
The text you are quoting:




thank u all for the usefull information



Villarsvilla, is there a copy of the new Aliens' Law somewhere on the net?

reffael, Jan 30, 09 11:00
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Re: Work Permit and marriage
Post 7
You can obtain legal advice from a bar-qualified lawyer at the address below at 50 francs for 30 minutes..send me a  message if you need some assistance with translation...:)

P.S. The Alien Law does not apply to ALL aliens...see article 2...

ASSOCIATION D'AVOCATS
DE LA PERMANENCE JURIDIQUE DE GENEVE

3, rue Michel-Chauvet 1208 GENEVE
Arrêt TPG - MUSEUM - Bus 1, 6, 20 et 27
Parking: Villereuse

CONSULTATIONS JURIDIQUES DANS TOUS LES DOMAINES JURIDIQUES NOTAMMENT

DROIT DE LA FAMILLE
(Divorce, mesures protectrices de l’union conjugale, mesures provisoires, mesures préprovisoires urgentes, violence conjugale, contribution d’entretien, garde, autorité parentale, droit de visite, curatelle, modification de jugement de divorce...)

DROIT DU BAIL
(Litige bailleur et locataire, rapports de voisinage, réduction de loyers, garantie pour les défauts, consignation de loyers…)

DROIT DU TRAVAIL
(Licenciement économique, congé représailles, licenciement abusif, délai de congé, harcèlement psychologique, mobbing, harcèlement sexuel, droit aux vacances, certificat de travail…)

DROIT DES ETRANGERS
(Permis de travail, autorisation de séjour, permis B, regroupement familial…)

DROIT PENAL
(violence conjugale, plainte pénale, aide aux victimes d’infractions, procédure pénale…)

POURSUITES ET DETTES

(Poursuites, réquisition de poursuite, commandement de payer, commination de faillite, plainte, avis de saisie, saisie sur salaire…)

 

DU LUNDI AU VENDREDI
DE 8H30 A 22H00
SUR RDV
Tel. 022.347.06.62 ou 079.227.99.99

CONSULTATION JURIDIQUE 30 MINUTES

Par un Avocat inscrit au barreau de Genève

PRIX CHF 50.—

Website: www.permanence-juridique-geneve.ch

E mail: info@permanence-juridique-geneve.ch

Permanence juridique Genève. Association d’avocats de la permanence juridique de Genève

famille, divorce, séparation, mesures protectrices de l’union conjugale, mesures préprovisoires, mesures provisoires urgentes, action en modification de jugement, droit de visite, garde, contribution d’entretien, violence conjugale, loyer, défauts, procédure, licenciement, congé abusif, harcèlement sexuel, mobbing, rente, invalidité, autorisation de séjour, regroupement familial, permis de travail, poursuite, plainte pénale, recours contre ordonnance de classement, assistance aux victimes d’infractions, LAVI, jugement de divorce, assistance juridique genève, conseils juridiques genève

 

 

 

 

 

The text you are quoting:
You can obtain legal advice from a bar-qualified lawyer at the address below at 50 francs for 30 minutes..send me a  message if you need some assistance with translation...:)

P.S. The Alien Law does not apply to ALL aliens...see article 2...

ASSOCIATION D'AVOCATS
DE LA PERMANENCE JURIDIQUE DE GENEVE

3, rue Michel-Chauvet 1208 GENEVE
Arrêt TPG - MUSEUM - Bus 1, 6, 20 et 27
Parking: Villereuse

CONSULTATIONS JURIDIQUES DANS TOUS LES DOMAINES JURIDIQUES NOTAMMENT

DROIT DE LA FAMILLE
(Divorce, mesures protectrices de l’union conjugale, mesures provisoires, mesures préprovisoires urgentes, violence conjugale, contribution d’entretien, garde, autorité parentale, droit de visite, curatelle, modification de jugement de divorce...)

DROIT DU BAIL
(Litige bailleur et locataire, rapports de voisinage, réduction de loyers, garantie pour les défauts, consignation de loyers…)

DROIT DU TRAVAIL
(Licenciement économique, congé représailles, licenciement abusif, délai de congé, harcèlement psychologique, mobbing, harcèlement sexuel, droit aux vacances, certificat de travail…)

DROIT DES ETRANGERS
(Permis de travail, autorisation de séjour, permis B, regroupement familial…)

DROIT PENAL
(violence conjugale, plainte pénale, aide aux victimes d’infractions, procédure pénale…)

POURSUITES ET DETTES

(Poursuites, réquisition de poursuite, commandement de payer, commination de faillite, plainte, avis de saisie, saisie sur salaire…)

 

DU LUNDI AU VENDREDI
DE 8H30 A 22H00
SUR RDV
Tel. 022.347.06.62 ou 079.227.99.99

CONSULTATION JURIDIQUE 30 MINUTES

Par un Avocat inscrit au barreau de Genève

PRIX CHF 50.—

Website: www.permanence-juridique-geneve.ch

E mail: info@permanence-juridique-geneve.ch

Permanence juridique Genève. Association d’avocats de la permanence juridique de Genève

famille, divorce, séparation, mesures protectrices de l’union conjugale, mesures préprovisoires, mesures provisoires urgentes, action en modification de jugement, droit de visite, garde, contribution d’entretien, violence conjugale, loyer, défauts, procédure, licenciement, congé abusif, harcèlement sexuel, mobbing, rente, invalidité, autorisation de séjour, regroupement familial, permis de travail, poursuite, plainte pénale, recours contre ordonnance de classement, assistance aux victimes d’infractions, LAVI, jugement de divorce, assistance juridique genève, conseils juridiques genève

 

 

 

 

 


Translator, Jan 30, 09 12:59
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Re: Work Permit and marriage
Post 8
Of course, anyone is free select advice from on critical immigration matters if they so choose.  As  a former government official having dealt with immigration matters, I would not  recommend it. 

And, by the way, Puerto Rico is not a country....

The text you are quoting:
Of course, anyone is free select advice from on critical immigration matters if they so choose.  As  a former government official having dealt with immigration matters, I would not  recommend it. 

And, by the way, Puerto Rico is not a country....
Translator, Jan 30, 09 13:40

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Re: Work Permit and marriage
Post 9
Correction:  "free to select.."
The text you are quoting:
Correction:  "free to select.."
Translator, Jan 30, 09 13:44
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Re: Work Permit and marriage
Post 10
Ah, I formally apologize to Puerto Ricans everywhere for my previous comment.  There is no need to respond to incivility in kind.

 I would still encourage anyone with immigration concerns to present their case to a Swiss-bar-qualified lawyer. 

The text you are quoting:
Ah, I formally apologize to Puerto Ricans everywhere for my previous comment.  There is no need to respond to incivility in kind.

 I would still encourage anyone with immigration concerns to present their case to a Swiss-bar-qualified lawyer. 
Translator, Jan 30, 09 14:02

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Re: Work Permit and marriage
Post 11
do u know -

what is the procedure for civial partnership?

where and how to do it?

what kind of papers do u have to bring?
The text you are quoting:
do u know -

what is the procedure for civial partnership?

where and how to do it?

what kind of papers do u have to bring?

reffael, Jan 31, 09 18:34
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Post 12

Swiss Federal Office of Justice

Registered Partnerships


The Federal Registered Partnerships Act enables homosexual couples to formalise their relationship in law. The new Act entered into force on 1 January 2007.

Registered partnerships are certificated by a registry office and form the basis of a life partnership with mutual rights and obligations. The two partners must support and respect each other, and must work together to maintain their household.

Registering a partnership does not affect the partners' legal surnames. As an expression of solidarity, the couple may use a joint surname in their everyday lives, i.e. they may choose to hyphenate their two surnames. This is not an official name that is entered in the register of births, marriages and deaths, however.

Similarly, the partners retain the citizenships attached to their municipalities and cantons of origin even after their partnership has been registered. The partner of a Swiss citizen is also entitled to a residence permit from the Swiss immigration authorities.

In some key areas, such as inheritance, social insurance and occupational pension schemes, homosexual couples living in registered partnerships have the same rights and obligations as heterosexual married couples. Unless otherwise agreed, however, each partner retains the right of disposal over their own assets.

Homosexual couples are not permitted to adopt children, nor may they benefit from medically assisted reproduction technologies, such as IVF.

For complete documentation, please refer to the pages in German, French or Italian.
For more information
Judith Wyder, Federal Office of Justice, T +41 31 322 41 78, E-Mail
Eliane Rossier, Federal Office of Justice, T +41 31 322 47 83, E-Mail
The text you are quoting:

Swiss Federal Office of Justice

Registered Partnerships


The Federal Registered Partnerships Act enables homosexual couples to formalise their relationship in law. The new Act entered into force on 1 January 2007.

Registered partnerships are certificated by a registry office and form the basis of a life partnership with mutual rights and obligations. The two partners must support and respect each other, and must work together to maintain their household.

Registering a partnership does not affect the partners' legal surnames. As an expression of solidarity, the couple may use a joint surname in their everyday lives, i.e. they may choose to hyphenate their two surnames. This is not an official name that is entered in the register of births, marriages and deaths, however.

Similarly, the partners retain the citizenships attached to their municipalities and cantons of origin even after their partnership has been registered. The partner of a Swiss citizen is also entitled to a residence permit from the Swiss immigration authorities.

In some key areas, such as inheritance, social insurance and occupational pension schemes, homosexual couples living in registered partnerships have the same rights and obligations as heterosexual married couples. Unless otherwise agreed, however, each partner retains the right of disposal over their own assets.

Homosexual couples are not permitted to adopt children, nor may they benefit from medically assisted reproduction technologies, such as IVF.

For complete documentation, please refer to the pages in German, French or Italian.
For more information
Judith Wyder, Federal Office of Justice, T +41 31 322 41 78, E-Mail
Eliane Rossier, Federal Office of Justice, T +41 31 322 47 83, E-Mail

Translator, Jan 31, 09 22:02
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Re: Work Permit and marriage
Post 13

I know this is a bit old and the information might have changed by now. In order to register for a civil partnership in Switzerland, does one of the parties need to be Swiss. Or can they be European.  For example, can an American and an Italian get a Civil partnership in Switzerland if one of the has a working permit here?

The text you are quoting:

I know this is a bit old and the information might have changed by now. In order to register for a civil partnership in Switzerland, does one of the parties need to be Swiss. Or can they be European.  For example, can an American and an Italian get a Civil partnership in Switzerland if one of the has a working permit here?


Jose Antonio L, Aug 2, 11 18:46
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Re: Work Permit and marriage
Post 14

Yes you can, if one of the two is living here. You need quite a lot of paperwork from your consulate and it has to be translated to French (unless it's in German or Italian).


Check these links for detailed info (only in French):


Partenariat enregistré (Geneva - for all couples): http://www.guidesocial.ch/fr/fiche/833/


Partenarial enregistré - Federal legislation (homosexual couples only - all of Switzerland): http://www.guidesocial.ch/fr/fiche/714/

The text you are quoting:

Yes you can, if one of the two is living here. You need quite a lot of paperwork from your consulate and it has to be translated to French (unless it's in German or Italian).


Check these links for detailed info (only in French):


Partenariat enregistré (Geneva - for all couples): http://www.guidesocial.ch/fr/fiche/833/


Partenarial enregistré - Federal legislation (homosexual couples only - all of Switzerland): http://www.guidesocial.ch/fr/fiche/714/


eva77, Aug 3, 11 16:41
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Post 15

My understanding is that if you have a relevant work permit, you spouse is entitled to work.  You can find the rules in French here:


http://www.bfm.admin.ch/content/dam/data/migration/rechtsgrundlagen/weisungen_und_kreisschreiben/weisungen_auslaenderbereich/aufenthalt_mit_erwerbstaetigkeit/4-aufenthalt-mit-erwerb-f.pdf


The following is an English translation of paragraph 4.4 of the above document (translation thanks to Google Translate):




Département fédéral de justice et police DFJP Office fédéral des migrations ODM

Federal Department of Justice and Police FDJP Federal Office for Migration FOM


I. FIELD OF FOREIGN Version 9.30.11 14 Federal Department of Justice and Police FDJP Federal Office for Migration FOM


4.4 Exceptions to admission requirements
4.4.1 Activity lucrative family members of a foreigner (Article 26 and 27OASA) Sections 26 and 27 require that first OASA (Art. 21 FNA) given to foreign job-seekers already in Switzerland and allowed to work does not apply to the first activity of persons entering Switzerland as part of family reunification (art. 44 and 45 FNA). This means in particular hold a residence permit can not claim a priority in respect of persons who entered Switzerland as part of family reunification.


The family members of foreigners who have entered Switzerland under the family reunification are not subject to maximum numbers within the meaning of art. 19 and 20 OASA.
Only people with family reunification can claim a constitutional right to engage in a gainful activity (ATF 123 I 212 ff.) Therefore, family members of a Swiss citizen or a foreigner can set up, under art. 27 OASA, gainful employment without authorization.
By cons, the family members of a holder of a residence permit do not have a right to gainful employment. However, given the general objectives of the Aliens Act (better integration of the foreign population), the legislature decided not to subject the employee to gainful employment authorization while the exercise of a self-employed, or the passage in such activity, is subject to approval and must be examined in accordance with Art. 38, al. 3, FNA.

The family members of a holder of an authorization for short stay (Art. 26 OASA) do not have a right to gainful employment. The exercise of gainful employment is subject to authorization. On admission, an application by the employer respecting the remuneration and conditions of employment customary in the locality and in the branch must have been made. In addition, family members of a holder of an authorization for short stay (Art. 26 OASA) must have professional qualifications (personal skills, art. LEtr 23).
The possibility of gainful employment for family members is linked, according to art. 26 and 27 OASA, the duration of the authorization of the person granted family reunification. If the spouse's residence permit is not renewed, the family members can not claim a right to pursue gainful employment (Art. 6. 2, OASA).


Further information in French can be found here:


http://www.binational.ch/f/fragen/arbeit.html


Here is an English Translation from Google Translate)


Foreign spouses of citizens / Swiss citizens and foreigners / foreign set (s) in Switzerland (C permit)
eligible for a B permit (residence permit for one year). Nationals of EU and EFTA have agreements on free movement and are granted a residence permit valid for five years. The spouses of third country nationals (that is to say: from non-EU or the EFTA) are given, after marriage to a Swiss, a B permit, which must be extended from year to year. The incumbent of this permit B has a work permit, issued by the cantonal authorities, valid for all branches (except for posts requiring mandatory license C, as p. Ex. Jobs in customs authorities or the police). The employer must, however, obliged to seek a work permit with the cantonal authorities. As the marriage was originally the granting of residence permits, foreign spouses are considered indigenous to the labor market and are not charged to any quotas. Also, the cantonal authority shall issue a permit to work also in periods when unemployment is important. Similarly, the Authority authorizes the employee (s) to take various part-time jobs. In this case, however, all employers must file an application for work permits for their specific employee (s).

Problems finding employment due to B permit?
Many employers prefer licensed C to those of a B permit Often it is because of unfamiliarity with the legal context presented above.
Tip: The job seeker (or spouse) may inform the employer that the work permit is issued in all cases, since it is considered indigenous labor, and that despite B permit, it shall be attributed to any quotas. To do so, the employer has a simple form to fill out and wait for the granting of work permits.

Find a job in another district?
As a spouse (e) a citizen / citizen of Switzerland, you can get a work permit even if you work outside the canton of your home. If the workplace (or place of training) is far from your home, you may need to rent an apartment or a second bedroom. The practice of two separate homes of binational couples is theoretically possible under Swiss marriage law. In practice, however, problems may arise with the Office of Migration, since the couple separated binational is suspected of having contracted a marriage (Living).

http://www.binational.ch/f/fragen/aufenthalt.html
B permit (valid for one year) following a marriage 
 
 By marriage with an (e) citizen / Swiss citizen, the alien / the foreign national acquires the right to issue or renew a residence permit (Article 42 and 46 FNA). 
 The B permit with the reason for the stay "husband / wife of a citizen / a Swiss citizen" is usually renewed annually as long as the purpose of residence, namely marriage, persists. The EU citizens receive a residence permit for five years and have a right of residence of the spouse originally Independent, according to the agreement on free movement of persons. The B permit is valid in the canton of residence. The husband / wife of a citizen (s) are authorized Swiss (s) to change the township. In case of change of Canton, the B permit application must be renewed in the new township of residence. Holding (e) of B permit, you can request a work permit and employment. In this case, you do not fall into a quota limiting access to a work permit, a fact which is not always known employers. Not being dependent on a quota, you have the same rights as a citizen (s) in Switzerland, regardless of the situation of the labor market. Now there is a right to the activity professionenelle including outside the canton of residence without further authorization (permission from the township workplace is no longer necessary). See Auss Labour. 
 For more information about work permits, please visit:
www.bfm.admin.ch




The text you are quoting:

My understanding is that if you have a relevant work permit, you spouse is entitled to work.  You can find the rules in French here:


http://www.bfm.admin.ch/content/dam/data/migration/rechtsgrundlagen/weisungen_und_kreisschreiben/weisungen_auslaenderbereich/aufenthalt_mit_erwerbstaetigkeit/4-aufenthalt-mit-erwerb-f.pdf


The following is an English translation of paragraph 4.4 of the above document (translation thanks to Google Translate):




Département fédéral de justice et police DFJP Office fédéral des migrations ODM

Federal Department of Justice and Police FDJP Federal Office for Migration FOM


I. FIELD OF FOREIGN Version 9.30.11 14 Federal Department of Justice and Police FDJP Federal Office for Migration FOM


4.4 Exceptions to admission requirements
4.4.1 Activity lucrative family members of a foreigner (Article 26 and 27OASA) Sections 26 and 27 require that first OASA (Art. 21 FNA) given to foreign job-seekers already in Switzerland and allowed to work does not apply to the first activity of persons entering Switzerland as part of family reunification (art. 44 and 45 FNA). This means in particular hold a residence permit can not claim a priority in respect of persons who entered Switzerland as part of family reunification.


The family members of foreigners who have entered Switzerland under the family reunification are not subject to maximum numbers within the meaning of art. 19 and 20 OASA.
Only people with family reunification can claim a constitutional right to engage in a gainful activity (ATF 123 I 212 ff.) Therefore, family members of a Swiss citizen or a foreigner can set up, under art. 27 OASA, gainful employment without authorization.
By cons, the family members of a holder of a residence permit do not have a right to gainful employment. However, given the general objectives of the Aliens Act (better integration of the foreign population), the legislature decided not to subject the employee to gainful employment authorization while the exercise of a self-employed, or the passage in such activity, is subject to approval and must be examined in accordance with Art. 38, al. 3, FNA.

The family members of a holder of an authorization for short stay (Art. 26 OASA) do not have a right to gainful employment. The exercise of gainful employment is subject to authorization. On admission, an application by the employer respecting the remuneration and conditions of employment customary in the locality and in the branch must have been made. In addition, family members of a holder of an authorization for short stay (Art. 26 OASA) must have professional qualifications (personal skills, art. LEtr 23).
The possibility of gainful employment for family members is linked, according to art. 26 and 27 OASA, the duration of the authorization of the person granted family reunification. If the spouse's residence permit is not renewed, the family members can not claim a right to pursue gainful employment (Art. 6. 2, OASA).


Further information in French can be found here:


http://www.binational.ch/f/fragen/arbeit.html


Here is an English Translation from Google Translate)


Foreign spouses of citizens / Swiss citizens and foreigners / foreign set (s) in Switzerland (C permit)
eligible for a B permit (residence permit for one year). Nationals of EU and EFTA have agreements on free movement and are granted a residence permit valid for five years. The spouses of third country nationals (that is to say: from non-EU or the EFTA) are given, after marriage to a Swiss, a B permit, which must be extended from year to year. The incumbent of this permit B has a work permit, issued by the cantonal authorities, valid for all branches (except for posts requiring mandatory license C, as p. Ex. Jobs in customs authorities or the police). The employer must, however, obliged to seek a work permit with the cantonal authorities. As the marriage was originally the granting of residence permits, foreign spouses are considered indigenous to the labor market and are not charged to any quotas. Also, the cantonal authority shall issue a permit to work also in periods when unemployment is important. Similarly, the Authority authorizes the employee (s) to take various part-time jobs. In this case, however, all employers must file an application for work permits for their specific employee (s).

Problems finding employment due to B permit?
Many employers prefer licensed C to those of a B permit Often it is because of unfamiliarity with the legal context presented above.
Tip: The job seeker (or spouse) may inform the employer that the work permit is issued in all cases, since it is considered indigenous labor, and that despite B permit, it shall be attributed to any quotas. To do so, the employer has a simple form to fill out and wait for the granting of work permits.

Find a job in another district?
As a spouse (e) a citizen / citizen of Switzerland, you can get a work permit even if you work outside the canton of your home. If the workplace (or place of training) is far from your home, you may need to rent an apartment or a second bedroom. The practice of two separate homes of binational couples is theoretically possible under Swiss marriage law. In practice, however, problems may arise with the Office of Migration, since the couple separated binational is suspected of having contracted a marriage (Living).

http://www.binational.ch/f/fragen/aufenthalt.html
B permit (valid for one year) following a marriage 
 
 By marriage with an (e) citizen / Swiss citizen, the alien / the foreign national acquires the right to issue or renew a residence permit (Article 42 and 46 FNA). 
 The B permit with the reason for the stay "husband / wife of a citizen / a Swiss citizen" is usually renewed annually as long as the purpose of residence, namely marriage, persists. The EU citizens receive a residence permit for five years and have a right of residence of the spouse originally Independent, according to the agreement on free movement of persons. The B permit is valid in the canton of residence. The husband / wife of a citizen (s) are authorized Swiss (s) to change the township. In case of change of Canton, the B permit application must be renewed in the new township of residence. Holding (e) of B permit, you can request a work permit and employment. In this case, you do not fall into a quota limiting access to a work permit, a fact which is not always known employers. Not being dependent on a quota, you have the same rights as a citizen (s) in Switzerland, regardless of the situation of the labor market. Now there is a right to the activity professionenelle including outside the canton of residence without further authorization (permission from the township workplace is no longer necessary). See Auss Labour. 
 For more information about work permits, please visit:
www.bfm.admin.ch





Marcus T, Feb 5, 12 22:30
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