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Old 30.04.2014, 08:10
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vorzeitige niederlassung : C Permit [early, non-EU]

hi

My country and Switzerland had a agreement that the Social/AHV contributions would not be paid here for the employees under deputation. As a result I was not allowed to pay the social contribution so far for last 18 months.

Would anybody have experience if this is going to affect my application for an early C permit?

If the answer is not sure, is there any official agency i could approach and ask?

If the answer is 'could', are there ways to make up for this ?

Thx

Last edited by 3Wishes; 30.04.2014 at 12:40. Reason: clarifying per user's request
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Old 30.04.2014, 08:46
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Re: vorzeitige niederlassung : C Permit

What's an employee under deputation? Do you mean secondment or what?
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Old 30.04.2014, 13:29
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

My first thought is: your eligibility for a C depends on the kind of permit you had before and on how many years you've lived in Switzerland. It should not be influenced by whether you paid for social security and old-age insurance or not.

However, I am not sure and to get a definite answer, you should call the local "Ausgleichskasse" (google as I don't know in which city/canton you live)
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Old 30.04.2014, 14:18
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

My husband was also under a similar secondment agreement when we first came here - he continued to pay home country social security rather than Swiss AHV. (Condensed version of a complex agreement.) This was a time limited situation - after he transfered to local status he switched to paying Swiss AHV.

We are Americans, btw - and therefore in the category allowed to apply for Niederlassung after 5 years.

We received our C permits after 5 years without any questions or difficulties.


All this was many years ago, however. It is possible that changes have been made in the interim. As always, go to the source for info - the cantonal Migrationsamt should also be able to answer your questions.

ETA:

Be aware that you will be missing those years of AHV contributions, due to the secondment agreement. In other words, if you work here a total of 20 years before retirement but 5 were on a secondment program where you paid home country social taxes, on retirement you are only entitled to AHV payments of 15/44 rather than 20/44.

(And for the Americans among us, be aware of the impact of the US Windfall Elimination Program... )
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Old 30.04.2014, 15:51
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

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We are Americans, btw - and therefore in the category allowed to apply for Niederlassung after 5 years.
Do you happen to know who else is allowed to apply for that?

I had the impression that only EU-17 citizens, although once I got a contradictory piece of information from Gemeinde. Having a massive chip on my shoulder (due to....experience) I still don't believe till I see with my own eyes.
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Old 30.04.2014, 16:40
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

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Do you happen to know who else is allowed to apply for that?

I had the impression that only EU-17 citizens, although once I got a contradictory piece of information from Gemeinde. Having a massive chip on my shoulder (due to....experience) I still don't believe till I see with my own eyes.
I had it in the back of my mind that the ability to apply after 5 years was connected to nationality (maybe it was pre-FMP?) But googling around I can't find reference to that. So maybe I'm wrong - I often am, about many things.

Anyway, the possibility to apply for 'vorzeitige Niederlassung' is found in the AuG, article 34:

http://www.admin.ch/opc/de/classifie...000/142.20.pdf

And in Art. 61 and 62 of the Verordnung über Zulassung, Aufenthalt und Erwerbstätigkeit (VZAE)
http://www.admin.ch/ch/d/sr/c142_201.html


I don't really know much about permits, only what I had to go through 15 and then 10 years ago. Hopefully someone better versed in the subject will come along soon.
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Old 30.04.2014, 17:51
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

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Do you happen to know who else is allowed to apply for that?

I had the impression that only EU-17 citizens, although once I got a contradictory piece of information from Gemeinde. Having a massive chip on my shoulder (due to....experience) I still don't believe till I see with my own eyes.
Gainfully employed people can apply, irrespective of nationality.
Only difference being EU-17, Americans, Canadians etc have a claim to it.
Non - EU (like me ) don't have a claim , BUT it can be granted provided one meets certain requirements (listed for every Kanton at their site) like Kanton Language Proficiency, Permanent Job (etc).

Well I got it
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Old 30.04.2014, 19:37
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

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Gainfully employed people can apply, irrespective of nationality.
Only difference being EU-17, Americans, Canadians etc have a claim to it.
Non - EU (like me ) don't have a claim , BUT it can be granted provided one meets certain requirements (listed for every Kanton at their site) like Kanton Language Proficiency, Permanent Job (etc).

Well I got it
Thanks a lot, Ankurm. Well, you can meet all the criteria and still not get the C permit...if my nerves will be still strong and I'll have the motivation, I will hire a lawyer if discrimination strikes again (got 3 times! L instead of B). Unfortunately, that's the only way with some people.
This is the ugly face of Switzerland, as far as I'm concerned.
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Old 22.04.2015, 14:36
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Re: vorzeitige niederlassung : C Permit [early, non-EU]

Once a canton approves an early C permit application, by law it must be approved by the federal State Secretariat for Migration (SEM). Does anybody know how long it takes more-or-less?
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