UK citizen planning to marry an asylum seeker in Switzerland

[Lemosson]

Please I need help and advice.
I went to Switzerland and met an asylum seeker and both fallen in love. We are planning to get married this year but I am not sure if Swiss law will allow this happen has the lady she is an asylum seeker. I am a British citizen and she is a non EU citizen. She is doing her masters degree in IT over there. I would like to know the legal requirements for both of us( me being a UK citizen and her being a non EU citizen) and what is the best route for us to get married.
I am aware of the law in the UK and meet all the UK legal requirements for marriage.

Thanking you in advance for your help and advices.

Lemosson

[frei]

Please I need help and advice.
I went to Switzerland and met an asylum seeker and both fallen in love. We are planning to get married this year but I am not sure if Swiss law will allow this happen has the lady she is an asylum seeker. I am a British citizen and she is a non EU citizen. She is doing her masters degree in IT over there. I would like to know the legal requirements for both of us( me being a UK citizen and her being a non EU citizen) and what is the best route for us to get married.
I am aware of the law in the UK and meet all the UK legal requirements for marriage.

Thanking you in advance for your help and advices.

Lemosson

Are you economically active in Swiss? do you work or are self employed? do you live together with the lady in question? if yes, how long?

[Lemosson]

Thank you Frei for your reply and insight.

I will begin in answering your questions.
I live in the UK , she lives in Swiss and I am not economically active in Swiss. I am self-employed and employed at the same time.
I know that as a UK citizen I can marry her over there but both of us must meet the requirements outlined by the Swiss gvt.
I have all the documents required by both UK and Swiss gvt in order to get married and bring her over here to the UK or live in Switzerland as I can find a job in Switzerland. But she does not have all the documents required as I discovered last week after a long conversation with her that she claimed asylum as being a citizen of another country which she does not have nationality. So the situation is complicated is not very complicated. She said she can produce the passport of her real nationality but unable to produce the passport of the nationality she claimed asylum under. And if she produce her real passport, she thinks it can damage her asylum claim and face deportation. So we don't know what to do at the moment except that we really want to get married to each other.

[frei]

It's a little complicated, I know people get around this by getting to Denmark to marry, I have seen a couple of asylum seekers here in Germany travelled to Denmark, get hitched, come back and apply for residence, so you might like to check the route out, it's sort of a loophole, but how they get out of here and then return without a valid permit is what i'v found amusing.

You will have to take it a step at a time, it is a grey area, and all care must be taken to avoid making costly mistake. I shall post back with more information.

[frei]

I think the situation has changed in Denmark recently and it would be risky trying to get married there without legal residence, in Sweden though it is possible, they civil registry would not object to marry someone without a residence permit in the country, but the municipality sends the names of the people wanting to marry to the police who might show up, but it's possible to get married in church in Sweden, you must have attended services for a couple of time and make your intentions known to the priest.

In Malta asylum seekers or failed asylum seekers can get married now without much fuss, however I do not know how she would travel out of Denmark to these places, I would hope other members will contribute to this thread to guide you further, you would expect to be spending a bit of money travelling, to achieve your goal, it wouldn't come cheap but I know it's doable.

[Lemosson]

Once again, thank you Frei

She is asylum seeker in Switzerland and not Denmark. Her case is under consideration and she is doing her master at the moment but we want to get married this year. I don't know how to get her out of Switzerland to Sweden for marriage and take her back to Switzerland. Beside, the law in the UK said that I should marry her in her home country before I can bring her over here in the UK. As asylum seeker in Switzerland, Switzerland I guess is considered as her home country at the moment.
I suggested that if we can not get married in Switzwerland then we can go to her country of birth and get married there but it seems like she is not knee of the proposal of going to her home country.
I want to know what the law say in regard of someone claiming asylum declaring being from country A then later producing document claiming to be from country B. What are the consequence(s)?

[frei]

in any case if after marriage or before marriage she declared her real details to the Swiss authority, she should then be expected to be fined, probably in the thousands, 2000 Swiss franc perhaps I'm not sure, will only apply if she wanted to remain in Swiss to correct the anomaly.

Bear in mind that if she disclose this information before getting married, she might find herself in a very difficult situation,especially if her home country happens to be a place classed as stable, her asylum application might then be decided quickly and negatively. if she however managed to get married with the real details in Swiss, she will have the option to avail of the EU immigration rules which is more favourable.

do you earn up-to £18600 annually? She may qualify for settlement visa under the UK immigration rules, but she would need to apply in a country where she has legal resident, and that would mean her home country.

[frei]

Lemosson I think you should get a legal advice from within Swiss, there are ways this could be done but you might need to speak with a Swiss humanitarian lawyer.

[Lemosson]

Thank you Frei.
I have been reading about Swiss immigration and somewhere said that if anyone provided false information previously, the person may face 2 years in jail. It is a very difficult situation to be in. I earn well over 18, 600 pound sterling but she is refusing to go back to the country of her origin as she is afraid of what might happen if she try to leave the country with the passort of her country of birth. I found myself powerless and confused. The problem is that I have fallen in love with her and informed all my mates and family member about my intention to marry her.
At this point I don't want to back off.
I do believe that there is a way, there is a solution and I have to found that solution.
I am travelling to the country soon to talk to some lawyer over there but any advice is welcomed.
Thanking you in advance for your advices.

[Obie]

Well it seems you are in love, and if she is as serious about you as you are about her, then i dont believe her immigration status or previous false details should hinder this. Desperate people in desperate situation,tend to do desperate things at times. This does not make they unworthy of being trusted. The thing is, what are your future intention? do you want to settle in Switzerland with her or move to UK.

Due to the fact that Switzerland is sort of defacto in Schengen, people can move around pretty quickly and easily. You could look into the Denmark route. She could then withdraw the asylum application and make a more straightforward application as your spouse, or even move to UK or other EU state with you.

I wish you all the best though.

The advice you have been given so far seems good.

[frei]

Nobody gets put to jail for giving false information during an asylum application, where did you get that information? The Swiss/German fine the individual and that is as far as it would get on that, although they strictly enforce the payments of the fine but no jail term involved.

That's also a good idea if you do get married you she should withdraw the application. no point informing the authority of a name change and all of the rest attached to it.

Checkout the link below and see the requirement for getting married in Malta seems pretty straight forward really.

http://www.weddings-abroad-guide.com/le ... malta.html

[frei]

A real life experience from someone who got married in Malta

http://www.boards.ie/vbulletin/showthre ... 2055985011

[Lemosson]

Thank you all for your advices.

The situation is complicated because:
1. Her asylum case is under consideration and cannot leave Switzerland
to go to other country for marriage.
2. She does not have a passport or any travelling document to use for
travelling.
3. She claimed asylum declaring that she is a citizen of a country which
she doesn't have any connection.
4. Even if she wins her case, she cannot produce a passport or birth
certificate from the country she claimed to be a citizen from.
5. She is refusing to go to the country of her birth for us to get married so
that I can bring her over here to the UK. We intend to live in the UK
together.

Is love a stupid thing? Because if it wasn't love, I would have left long time ago but I love her because she is a lovely lady.
I believe they must be a loophole somewhere in Swiss law and that loophole we are looking for to exploit.
Any advice is welcomed.

[Directive/2004/38/EC]

Marriage is a serious long term commitment. Take your time to get to know her well and vis versa. It does not sound like there is any rush, which is good.

If you want to return to the UK with her on the basis of European free movement law, then you will have to have moved to Switzerland and worked there. Expect to be there for at least 3-6 months, though you may grow to really love it and want to stay!

[420weblazeit]

Thank you all for your advices.

The situation is complicated because:
1. Her asylum case is under consideration and cannot leave Switzerland
to go to other country for marriage.
2. She does not have a passport or any travelling document to use for
travelling.
3. She claimed asylum declaring that she is a citizen of a country which
she doesn't have any connection.
4. Even if she wins her case, she cannot produce a passport or birth
certificate from the country she claimed to be a citizen from.
5. She is refusing to go to the country of her birth for us to get married so
that I can bring her over here to the UK. We intend to live in the UK
together.

Is love a stupid thing? Because if it wasn't love, I would have left long time ago but I love her because she is a lovely lady.
I believe they must be a loophole somewhere in Swiss law and that loophole we are looking for to exploit.
Any advice is welcomed.

Point 3 tells me that she is not a refugee but an economic migrant. Egyptians often pretend to be Syrians to secure asylum and citizenship in Europe. If this is the case (assuming she is, for our example Egyptian), then she is to withdraw her asylum request, return to Egypt - or - if she is not legally considered endangered but there are personal reasons for her not wanting to return to Egypt - she can go to Tunisia where Muslim women can marry non-Muslim men, marry you there, and then at the Irish embassy in Tunis, you can apply for a family permit to Ireland or any other country in the EU, that is not the UK.

If she was Egyptian, and pretended to be Syrian, she could not have presented a Syrian passport - she would have to come without documents. Therefore, she must go to the Egyptian embassy and get an Egyptian passport. If she is truly stateless, e.g Palestinian, she should be able to apply for a Swiss travel document for stateless refugees



Regarding Point 1, she can leave Switzerland without being noticed (Shengen), get married (which does not require you to prove that you are legally in the country, but rather that you say who you say you are, and you may have to present a Certificate of No Impediment, showing that she is able to marry you) and it is possible to conduct "proxy marriages", where you send off documents to a jurisdiction that would allow you to marry without being physically present in that country's/state's office.

This forum is for helping law abiding people, not those pretending to be from war torn countries to get a free house and handouts. I suggest she comes clean, voluntarily departs CH to a safe, third, non-EU country which she can get a visa for (Ukraine, Russia, Tunisia) and then you apply with a clean conscience to move to an EU country other than the UK, from which you would then apply to move to the UK from

[420weblazeit]

Thank you all for your advices.

The situation is complicated because:
1. Her asylum case is under consideration and cannot leave Switzerland
to go to other country for marriage.
2. She does not have a passport or any travelling document to use for
travelling.
3. She claimed asylum declaring that she is a citizen of a country which
she doesn't have any connection.
4. Even if she wins her case, she cannot produce a passport or birth
certificate from the country she claimed to be a citizen from.
5. She is refusing to go to the country of her birth for us to get married so
that I can bring her over here to the UK. We intend to live in the UK
together.

Is love a stupid thing? Because if it wasn't love, I would have left long time ago but I love her because she is a lovely lady.
I believe they must be a loophole somewhere in Swiss law and that loophole we are looking for to exploit.
Any advice is welcomed.

Point 3 tells me that she is not a refugee but an economic migrant. Egyptians often pretend to be Syrians to secure asylum and citizenship in Europe. If this is the case (assuming she is, for our example Egyptian), then she is to withdraw her asylum request, return to Egypt - or - if she is not legally considered endangered but there are personal reasons for her not wanting to return to Egypt - she can go to Tunisia where Muslim women can marry non-Muslim men, marry you there, and then at the Irish embassy in Tunis, you can apply for a family permit to Ireland or any other country in the EU, that is not the UK.

If she was Egyptian, and pretended to be Syrian, she could not have presented a Syrian passport - she would have to come without documents. Therefore, she must go to the Egyptian embassy and get an Egyptian passport. If she is truly stateless, e.g Palestinian, she should be able to apply for a Swiss travel document for stateless refugees



Regarding Point 1, she can leave Switzerland without being noticed (Shengen), get married (which does not require you to prove that you are legally in the country, but rather that you say who you say you are, and you may have to present a Certificate of No Impediment, showing that she is able to marry you) and it is possible to conduct "proxy marriages", where you send off documents to a jurisdiction that would allow you to marry without being physically present in that country's/state's office.

This forum is for helping law abiding people, not those pretending to be from war torn countries to get a free house and handouts. I suggest she comes clean, voluntarily departs CH to a safe, third, non-EU country which she can get a visa for (Ukraine, Russia, Tunisia) and then you apply with a clean conscience to move to an EU country other than the UK, from which you would then apply to move to the UK from

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