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Old 07.09.2011, 16:31
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C permit after a PhD

Hello everyone

I was reading on the forum about how to get the C permit.

I am a non-EU citizen living in Switzerland since October 2000.
From 2000 to 2006, I studied in Lausanne at EPFL and so I had a student B permit.
From April 2006 to April 2010, I worked in a research center and my job position was a PhD student ("Doktorand"). From the authorities point-of-view, I was holding a limited-time contract since it was written on my B permit: "Mit Erwerbstätigkeit" and not "Ausbildung mit Erwerbstätigkeit".

In April 2010, I got the PhD diploma from ETHZ and then I started working in Zurich as a consultant. For this new job, I could get an "independent" B permit since I have an unlimited-time contract.
Regarding the Federal Aliens law (Art. 34 AuG / LEtr), the years of study count for the C permit, if after them, we got 2 years of an "independent" B permit.
My question is: is it right that I will be able to ask the "anticipated" C permit from April 2012?

I ask you this question because when I sent a request to the migrationsamt of Zurich, they answered to me that I will be eligible for the C permit only from 2020 The reason is that they did not take into account neither the study years from 2000 to 2006 nor the PhD contract from 2006 to 2011. For the latter, they see it like a limited-time working contract rather as studies.

Any answers will be greatly appreciated.
Thanks in advance

Regards

Dali
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Old 07.09.2011, 17:25
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Re: C permit after a PhD

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Regarding the Federal Aliens law (Art. 34 AuG / LEtr), the years of study count for the C permit, if after them, we got 2 years of an "independent" B permit.
No such thing in art. 34, nor anywhere else.

Quote:
My question is: is it right that I will be able to ask the "anticipated" C permit from April 2012?
No. Both your student years and your PhD years are viewed by the law as "temporary student stays" (art. 34 you quoted -> scroll down to art.5).
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Old 07.09.2011, 17:33
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Re: C permit after a PhD

Hi Shorrick

If I understood well, the art 5 of the Art 34 also says: "Aufenthalte zur Aus- oder Weiterbildung (Art. 27) werden angerechnet, wenn die betroffene Person nach deren Beendigung während zweier Jahre ununterbrochen im Besitz einer Aufenthaltsbewilligung für einen dauerhaften Aufenthalt war."

Is a PhD not considered like an "Ausbildung"?

Regards
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Old 08.09.2011, 05:07
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Re: C permit after a PhD

The changes in the law for graduates came into force on Jan 1, 2011, and there is no indication that it applies retroactively. Since you finished in 2010, it may not apply to your time spent studying in any case.
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Old 15.09.2011, 15:43
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Re: C permit after a PhD

I have also had problems with getting a C-permit. As a non-EU postdoc working here for 5 years and married to a Swiss for three years (with two Swiss children), apparently I am not necessarily eligible for the permit. My years as a postdoc don't "count."

I am, however, eligible for Swiss citizenship.

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