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Old 04.09.2020, 10:24
qwertz qwertz is offline
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Re: Should Dependent Spouse request for independent B?

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This is something I have wondered also. I came here in 2014 as a post doc from Canada, so I was on a formation avec activité permit B. My wife joined me in 2015 as a PhD student, got her own formation avec activité permit B. After 3+ years as a postdoc I went to help build a startup company (exactly in my field/training) but instead of giving me my own permit they decided to give me a familial regroupement avec activité. The company is now incorporated with 10 employees and steady funding and I am trying to get my C permit (I've been here 6 years, and as a Canadian I should be able to get it after 5 years if I was working outside the university for 2 years, which I have been). However, I'm worried that because I am on a family regroupement with my wife who is still in formation it will mess it up. The last 2 years I have tried to apply for my own permit but they keep just rubber stamping and sending me a family regroupement.
The two year rule post studies to retroactively count study years for C does not necessarily need to be working, it just has to be a “durable” status (quoting the legal text in French, of which family regroupement is one).

The condition sine qua non for the rule to be applied is to have graduated from a Swiss university. Per SEM guidelines “graduated from a Swiss university” means obtaining a Swiss higher education diploma (Bachelor, Master, PhD). Coming to Switzerland only for the Master or PhD also counts as “graduating from a Swiss university” as per SEM directives.

The question in your case is whether a post doc counts as “graduating from a Swiss university”.
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