B-permit change of kanton affects time to get C permit? - Page 2

jot · #21 27.10.2011, 14:38

swiss_in_training I feel for you - the differences in knowledge/service in the kreisbüros even within the same city really sucks especially if you're caught on the wrong side of it.

When my non-EU spouse married me (EU and C-permit holder) he was called in before he could blink to receive a shiny new unrestricted EU B Permit in place of his non-EU restricted B Permit. I would have expected the transition to have been even more seamless when marrying a swiss citizen.

I hope you can rectify the situation...

Shorrick Mk2 · #22 27.10.2011, 15:31

	Quote:	swiss_in_training
	I was also a bit irritated that they basically said, well, because of a mistake you made three years ago, even though we know you're married and even because of this rule (which was in the rejection letter-2 pages of rejection!) they said I'm not eligible until June 2013 (which would be the 5 year mark for marriage) instead of August 2011 (the 5 year mark for my entering Switzerland). I remember asking the Kreisburo specifically if my permit would change due to marriage, and I was told no. And it didn't, even though the marriage was registered and recognized here. Is there any way to contest the decision in this case?

Well it is not really your mistake - they should have taken your new circumstances into account and change your permit accordingly.

There is assuredly a way to contest it - it should be noted in the letter. I can't really help you there...

danny · #23 27.10.2011, 15:44

	Quote:	swiss_in_training
	I Is there any way to contest the decision in this case?

Probably not.

Me Myself & I · #24 27.10.2011, 15:50

My apologies for butting in, but I was hoping Shorrick could help with my question as it is along the same lines and I am very bad when it comes to these things?

As a non-EU spouse of a Swiss citizen, holding a B permit 'familliennachzug mit erwerbstätigkeit' which I am required to renew annually, if I move kantons for employment purposes, does that mean I lose the 3 years I have already been here and need to start again in my quest for a C permit/Swiss passport?

Finally, what is the process in converting my B permit to C and my C permit to a Swiss passport? Do I apply for a C in my 5th year and for the Swiss passport at the same time.

Shorrick, I've read through many of the threads and you are a STAR.

Shorrick Mk2 · #25 27.10.2011, 16:48

	Quote:	Me Myself & I
	My apologies for butting in, but I was hoping Shorrick could help with my question as it is along the same lines and I am very bad when it comes to these things? As a non-EU spouse of a Swiss citizen, holding a B permit 'familliennachzug mit erwerbstätigkeit' which I am required to renew annually, if I move kantons for employment purposes, does that mean I lose the 3 years I have already been here and need to start again in my quest for a C permit/Swiss passport?

No for the permit, maybe for the passport. The permit only has federal residence requirements (i.e. live in Switzerland regardless of where) whereas when you apply for the passport you apply at the same time for the commune of residence "citizenship". Obviously changing communes resets your residency clock. In principle this shouldn't apply to facilitated naturalisations (i.e. via marriage) but always good to check with the commune to make sure they see it the same way.

Me Myself & I · #26 28.10.2011, 11:54

	Quote:	Shorrick Mk2
	No for the permit, maybe for the passport. The permit only has federal residence requirements (i.e. live in Switzerland regardless of where) whereas when you apply for the passport you apply at the same time for the commune of residence "citizenship". Obviously changing communes resets your residency clock. In principle this shouldn't apply to facilitated naturalisations (i.e. via marriage) but always good to check with the commune to make sure they see it the same way.

Thank you very very much Shorrick. You are incredibly knowledgeable and a great help to us on EF.