A friend of mine non EU has been in Switzerland since February 2004 on B permit for work and in April 2006 got married to her swiss husband. She would like to apply for a C permit. According to the law they say that the spouse of a swiss citizen have a right to a C permit after a legal continuous stay of 5 years in switzerland , as long as the marriage is still valid.
Does that mean the 5 years starting with the marriage to the swiss spouse which means she will only be able to get a C permit in April 2011 or does the years before being married counts , which means she'll be able to apply for one now already?

Will appreciate any feedback.

She will be able to apply after 5 continuous years on a B permit as long as the marriage is still valid.

Thanks MarieZug, does that mean the amount of years married to the swiss citizen does not matter, as long as the marriage is valid and she has been on a B permit since 2004?

A friend of mine got married in May 2008 and hot a C Permit blater that year, after having a B Permit for 5 years.

EU or Non EU?

It doesn't matter in her case.

For C Permits in general, non-EUs can also get their C Permits after 5 years thanks to the integration rules.

She should be able to get one. But don't expect it to be simple. I came here in April 2004 and had a 5 year B permit (I'm British) and got married in 2006. My husband is Swiss. I've been trying for a while now to renew my permit. Now, after many trips to the Einwohnerkontrolle with all the relevant forms and work contracts, I have just received a letter from them.

My husband has to fill out a form and supply a certificate of employment from his employer to prove that he is in a stable/permanent job and not about to be sacked; the last 6 months worth of wage statements; the rental contract of our flat (to prove that it is a separate flat with a lock on the door, a kitchen and a bathroom); marriage certificate; record of employment for the last 5 years...He is not happy!

In my naivety, I thought, as an EU citizen married to a Swiss, that it would be a formality...

My documentation (SG versions of things) still says 10 years - not saying you're wrong but do you have a source?

My source is the Amt für Migration website in Zug. I searched, read the rules, downloaded and submitted all the requirements on the application form and got my C Permit in under 3 weeks, 5 years after moving here. I am non-EU, and not American (who have special agreements).

Links to these "sources" would be nice..

Ten years for automatic issuance, at least five years for discretionary issuance (the key word being discretionary...).

Thank you for all the feedback; i see that my friend qualifies for the 5 year discretionary integrated rule, but my friend do not want to apply under the 5 year discretionary integrated rule, but as the spouse of a swiss citizen,on the 5 years legal continuous residence in switzerland and as long as the marriage is valid. So does the 5 years legal continuous residence include the years before being married to the swiss citizen or does it only start from the date of the marriage to the swiss citizen, which means an automatic right to a C permit in April 2011 only ?
If not, she'll most probably apply for swiss citizenship end of April 2009 , as she will be married for 3 years to her swiss husband and have been in switzerland for 5years, which qualifies for facilitated naturalisation.

Well....I am a non-EU who applied for SWISS CITIZENSHIP after 6 years of marriage because we were living out of the country for 4 or 5 of them...but as far as I know, at least back then, she could apply for citizenship after 2 or 3 years of marriage if she has been here for over 3 (not married). The laws might have changed, but I would her gemeinde should be able to give her ALL the information. My gemeinde was VERY good about it with me. They gave me a handout outlining the possibilities.

She should visit her gemeinde and they should be able to tell her when she can apply for citizenship. According to my math and the law as I knew it, she should be able to do it this year.

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An Australian acquaintance recently got it after 10 years...but was asked for a language certificate.

Search your local Kantonal website for C Permit requirements.

Non-EU and non-US seem to need a language certificate. Bit of a joke though when the level is only A2. Other requirements differ Kanton to Kanton.

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Yes this this seems to be correct based on the few non EU non US people I know. It is also rather new and the lang requirement is B1 in some kantons, as you said it differs from kanton to kanton

OK we're now discussing two things but for the benefit of the OP a summary is as follows:

-Discretionary right of C permit for all since 2007 after 5 years, HOWEVER new rights brings new obligations, you must show you are integrated which may mean language assessment, uninterrupted work history, credit check, reference etc.

-Automatic right after 10 subject to normal background checks as above

-Regarding marriage, the C permit entitlement is after 5 years residence and 3 years marriage, time of residence from issue if B permit, time of marriage obvious.

-Regarding citizenship either 6 years married together outside CH, or 3 inside IF also resident in CH five years. (Similar to C).

The only benefit to the OP's friend's case is the type of permit is recorded on the citizenship application. It may be helpful to have a C at application as this demonstrates integration. Alternatively perhaps the requirements for facilitated naturalisation are easier as they haven't changed unlike those for a C permit which have since 2007.

That might help the OP's friend decide.

Bear in mind, although Americans etc. have special arrangements on C permit possibilities, they are still subject to integration requirements etc as are EU and non-EU nationals. Of course this may be controlled differently, for example an ex-colleague of mine from UK who has had the same job since arriving 9 years ago, was required to supply the higher credit report in addition to employment history etc, and she speaks German and hasn't left Zürich city.
Her UK husband already had a C permit, and her son received one on birth here, as did her daughter....go figure.

everything seems so "discretionary".

I am non-EU on B permit.

I started living here on an L permit in 1999. In July 2000, I was granted a B permit through my employer.

In August 2003 I married a Swiss.

When renewing my permit in 2006, I asked if I could get a C permit. They said no - seeing as I got married in 2003, my time in switzerland is "reset", so I can start counting only from my marriage date. Whatever...

Until today, I do not have the C permit. My wife is still Swiss, and in the mean time we have had 2 kids who are both Swiss. Maybe because I have never bothered asking for one...?

Don't just "ask" if you can get a C Permit. They told me I needed to wait 10 years a couple of times. Look at the rules, see if you qualify and *apply* for the permit using the correct application form with all the supporting documentation required.