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Old 02.03.2011, 07:02
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Re: Really strange way of counting your years of stay in CH

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Hi Everyone,

I recently contacted Migrationsamt to apply for early C Permit.
The law basicaly just says "after 5 years of uninterrupted stay in Switzerland.. " you can apply for early C permit if you satisfy certain requirements.

What Migrationsamt wrote me in an email is that they only count these 5 years towards a C Permit, AFTER my workpermit has turned into an "unbefriestet".. in other words "unlimited". This seems to be an utter BS to me. I've only received my unlimited workpermit last year.. and I've been working here since 5 years! they say they will start counting my accumulated years only as of the date I received an unlimited workpermit.

She also says I can only apply for C Permit in 2020.. like 14 years after I moved to Switzerland (I am a non EU Pass holder). this doesnt make sense! So she adds 10 years on top of 2010 when I received my unlimited work permit for the first time.

Does this make any sense at all to anyone?
Baris
Different Cantonal Immigration Offices have different interpretations of the law. I phoned Basel-Land and they told me you have to be on an unlimited B Permit for 5 years before applying for a C. I then phoned Vaud and they then told me the date of entry is what matters (that even L Permit years count if you were on an unlimited contract). I then phoned the Federal Office in Bern, and they had no idea at first; then they sent a vague response by email saying that you had to be on a residency permit for 5 years before qualifying (not specifying whether it had to be L, B, etc...).

If getting a C Permit is very important for you, I would suggest phoning different Cantonal Migration offices and moving to the closest (commutable) Canton with the interpretation that you like the most.
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  #22  
Old 02.03.2011, 07:44
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Re: Really strange way of counting your years of stay in CH

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Different Cantonal Immigration Offices have different interpretations of the law. I phoned Basel-Land and they told me you have to be on an unlimited B Permit for 5 years before applying for a C. I then phoned Vaud and they then told me the date of entry is what matters (that even L Permit years count if you were on an unlimited contract). I then phoned the Federal Office in Bern, and they had no idea at first; then they sent a vague response by email saying that you had to be on a residency permit for 5 years before qualifying (not specifying whether it had to be L, B, etc...).

If getting a C Permit is very important for you, I would suggest phoning different Cantonal Migration offices and moving to the closest (commutable) Canton with the interpretation that you like the most.
And I would suggest that while interesting that is a suggestion that would never work in reality.

Although the clerks you spoke to might have different interpretations of the law, there is one detail they might have forgotten to mention to you, and that detail is called "date of release from federal control" i.e. the date when a C permit becomes automatically available. I think you'll find that L permits and student B permits do not carry such a date... and that means the counter towards the C permit, either anticipated or regular is not ticking yet.

Finally, I'll think you'll find that even under your limited assumption of different regional interpretations of the law, the release from federal control decision rests with the FOM, which has a very plain vanilla interpretation of the law... despite the email you might have received .
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  #23  
Old 03.03.2011, 18:57
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Re: Really strange way of counting your years of stay in CH

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I've only received my unlimited workpermit last year.
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I had a regular B permit since the first day with workpermit.
Well, by your own admission, you most obviously didn't....
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Old 03.03.2011, 21:05
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Re: Really strange way of counting your years of stay in CH

I don't see any particular reason why, in terms of residency when there is already a difference between EU and Non-EU, there shouldn't be further differences in treatment within the Non-EU group. It's intergovernmental agreements that govern this. Same as a German citizen getting a Russian visa pays half what a British citizen does for the same visa. Discriminatory - yes. Annoying - yes. Unfair - no.
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