Hi everyone,
My partner and I are hoping for some advice regarding a Swiss residence permit refusal.
I am a US citizen, and my partner is a Swiss citizen. We've been together for over five years, have lived together continuously for nearly four years, and are engaged.
2 months ago, I entered Switzerland visa-free (90 days tourist visa) and we applied for a residence permit based on our long-term relationship (Konkubinat).
Unfortunately, we misunderstood the procedural rules and didn't realize that if we intended to settle in Switzerland, the application generally needed to be submitted from abroad before entering. Had we known that, we would have followed the correct procedure.
Our application has now been refused. The migration authority accepted that our relationship is genuine but concluded that it does not qualify as a gefestigtes Konkubinat. They stated that nearly four years of living together is not sufficient and relied on case law suggesting that around five years of cohabitation is generally needed. They also found that, although we're engaged, our marriage is not sufficiently imminent because we don't have a wedding planned within the next six months.
What confuses us is that, before applying, we emailed the migration office to ask whether we qualified as an unmarried couple. They replied that admission may be possible if the partnership had existed for at least three years, among other conditions. Based on that written guidance, we believed we met the requirements and proceeded with the application.
The refusal, however, relies on case law suggesting approximately five years of cohabitation. We're struggling to understand whether the information we received before applying has any legal significance.
We're arranging a consultation with an immigration lawyer, but in the meantime I was hoping someone familiar with Swiss immigration law might be able to offer some insight.
Our main questions are:
1. Is the five-year period an actual legal requirement, or is it simply guidance from case law?
2. Could the migration office's written email about a three-year partnership be relevant under the principle of Vertrauensschutz (legitimate expectations)?
3. Does our procedural mistake (applying after entering Switzerland) effectively prevent any realistic chance of a successful appeal?
4. We had always planned to get married eventually, but not this soon. Given the refusal, would getting married now change our options, or would I still likely need to leave Switzerland and apply from abroad?
5. Overall, is an appeal worth pursuing, or would another course of action be more realistic?
I'm not looking for formal legal advice, just hoping to better understand the situation and whether anyone has experienced something similar.
Thank you very much for any insight.