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Is foreign marriage recognised in Switzerland?

Perhaps you and your spouse are foreign nationals who got married abroad. Or maybe you are Swiss but decided to wed in Las Vegas with an Elvis Presley impersonator. Will your marriage be valid in Switzerland?

Is foreign marriage recognised in Switzerland?
If you wed abroad, you must make it official in Switzerland. Photo: Pixabay

Saying ‘I do’ implies not only a lifetime of happiness (if you are lucky), but also a number of administrative tasks, such as reporting the change of status, your new surname, and address (if applicable) to the municipal administration, cantonal tax authorities, your employer, your bank, the post office, and insurance companies.

If you changed your last name upon marriage, you should also request a new passport, ID card, and driver’s license.

All this is required of people domiciled  in Switzerland who got married here — regardless of their nationality.

However, the administrative burden is even heavier if you wed abroad.

To answer the initial question — yes, marriage contracted abroad is recognised in Switzerland, as long as it complies with Swiss law. This also concerns same-sex couples

This is the case even if the requirements in the foreign nation differ from Swiss procedures. But the union should comply with a civil (rather than merely religious) law in that country.

However, for the marriage to be considered legal in Switzerland, it must first be authenticated by Swiss authorities abroad.

How do you go about this process?

First, you must contact the Swiss embassy or consulate in the country in which the marriage took place and request that the union be recognised. 

You will have to provide all documents, such as your marriage license and anything else that is needed for the process to be completed.

The diplomatic mission will check the accuracy of the documents, notorise them, and translate them into one of Switzerland’s official languages (unless they are already in German, French, or Italian).

The documents will then be sent to the supervisory bureau of your canton of origin or canton of residence if both parties are of foreign nationality.

If all the conditions are met, it orders the transcription to be made in the Infostar database, the central electronic register for all civil status events, such as births, death, divorces, and, yes, marriages.

What’s next?
 
Other than living happily ever after, there are some other tasks you should complete if one of you is a foreign national coming to Switzerland for the first time.

Once your marriage is officially recognised and you are in Switzerland legally, you should inform your canton of your arrival.

The ‘address registration’ rules may come as somewhat of a shock to people from some other places, like the United States, where you can move from one location to another and stay pretty much under the radar.

Not so in Switzerland. Swiss authorities want to know who is living in their country and where — especially if you are foreigner.

When you settle in a new home, you have 14 days to announce your arrival in your commune of residence, though in some places the deadline may be longer.

In some cantons, you can do this procedure online, while in others you must come to your local residents’ registration office (Einwohnerkontrolle / Contrôle des habitants/ Controllo abitanti) in person.

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TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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