Switzerland recognition of a British CP

Is the sponsor an EU/EEA or Swiss national ? To what extent is freedom of movement still restricted for same-sex couples in the EU ? Do you have experience of immigration bureaucracy in other European countries ? Please also visit EU/EEA page in the main website

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straffordboy
Posts: 1
Joined: Thu Jan 19, 2017 1:57 pm

Switzerland recognition of a British CP

Post by straffordboy » Thu Jan 19, 2017 2:12 pm

Hi there,

I have an interesting problem and it involves a host of different countries.

I currently live in Singapore with my Malaysian partner. We have cohabited for 4 years and are planning to get a UK Civil Partnership by July.

Initially we wanted to have a wedding in Ireland but unfortunately to do so, we are required to get a Certificate of Freedom to Marry. While we are both as yet unmarried, this would entail my partner going to Malaysia to get this document and there he has to give the name of the woman he will marry. They do not, obviously, recognise same sex relationships and therefore will not produce this for him. In fact, he risks getting a prison sentence if he walks in and declares what he is about to do.

I am a British citizen and that is why a Civil Partnership is a feasible option because the Certificate of civil status is not required for a CP. So far, so good.

The next complication is as follows: I am moving to Switzerland later this year, and accepted the job on the condition and premise that I would be able to bring my partner with me. While my employer cannot be held liable if the authorities do not grant him a visa, they did say that it is possible under Family Reunification. Again, with a CP, we qualify. So far, so good.

The issue is this: Switzerland will grant residence visas to family members of EU/EFTA citizens working there, even if they are of the same sex. This is a clear government policy. In order to get this privilege, we need to provide the CP certificate AND also a Certificate of Civil Status (which indicates that my partner is married to me), and that would have to come from Malaysia.

How can we possibly get around this hurdle? We have come so far on this journey to be turned back on a silly piece of paper when everything else is fine is just tragic. Does anyone have experience of this?

Why would you need a certificate of partnership AND a certificate of civil status which says the same thing?

Could it be acceptable to have the CP certificate and a civil status certificate which says "single" and attach an explanation for the discrepancy - since after all, according to Malaysia, he is unmarried?

It points to the bigger question of how people from countries hostile to LGBT rights can get international recognition for same sex partnerships and marriages.

I would love to know your thoughts on this, so please dive in and share them if you have any idea.

Thank you in advance

Ed
Posts: 34
Joined: Sun Mar 08, 2009 11:57 am
Location: London

Re: Switzerland recognition of a British CP

Post by Ed » Sat Feb 11, 2017 2:48 pm

Hi straffordboy,

I'm a malaysian, partner French and now working towards my naturalisation in the UK.

I don't think Switzerland will need this additional document (https://www.eda.admin.ch/countries/unit ... riage.html).

Alternative is apply CP, you work in Switzerland while applying a family visa (EEA2) - before UK officially leave the EU in 2019! With this, he can join you in Switzerland for no more than certain period over the next 5 years before granted a PR status. I assume that's not an option -but can't really think of any other options.

Malaysia is a shitty country who will never ever recognise LGBT rights, so very likely the document you mentioned that requires Malaysian authorisation would be an unlikely outcome. He would be best opted in to move to EU with that option I mentioned, or you could find a job in UK!

Good luck!

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