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Old 15.10.2011, 23:48
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Carte de legitimation to C-permit

Dear all,

This is my first post here and I need an advice. I am non-EU citizen living for 5 years in Switzerland with a carte de legitimation. I have two questions:

- What if at some point I apply for a C permit - say after 10 years - will I have to quit my job in an international organization and give up carte de legitimation?

- There is a simplified procedure to get a C permit if one is well integrated (language, no criminal records etc) and has gainful employment for 5 and more years with a B permit (http://www.ge.ch/integration/doc/pub...ssibilites.pdf). Do 5 years on carte de legitimation count the same as on B-permit? May I apply for a C (given that I know French, rent an apartment, have no criminal records etc) in the nearest future? Will I have to give up carte de legitimation?

Thank you in advance!
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Old 11.05.2020, 04:51
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Re: Carte de legitimation to C-permit

I realize that this post is nine years old, but I am curious to know what the answer is as well. I am Canadian and I believe we are eligible for a C permit after five years of living in Switzerland... I was wondering if we are eligible for a C permit if we have been living in Switzerland with a carte de legitimation.
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Old 12.05.2020, 21:13
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Re: Carte de legitimation to C-permit

Welcome to the Forum.

One can either have a regular permit (L, B, etc.) or a carte de legitimation. You can't hold both at the same time.

Here's what SEM says about obtaining a regular permit after you retire:

https://www.eda.admin.ch/missions/mi...functions.html

If you're not retired and just quit your job, the cantonal website seems to indicate you can only obtain a C permit after holding L or B for at least 5 years (in French):
https://www.ge.ch/demander-permis-c

This brochure also indicates that having a CdL doesn't count toward the 5 years (see page 8):
https://www.ge.ch/document/bie-permi...oi/telecharger
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Old 12.05.2020, 21:46
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Re: Carte de legitimation to C-permit

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I realize that this post is nine years old, but I am curious to know what the answer is as well. I am Canadian and I believe we are eligible for a C permit after five years of living in Switzerland... I was wondering if we are eligible for a C permit if we have been living in Switzerland with a carte de legitimation.
There is als the Ci-Permit for spouses which wish do work outside the international organizations or the mission.
https://www.eda.admin.ch/missions/mi...ily-staff.html

Carte de legitimation and Ci Permit do count toward citizenship but you must need C to apply. Art. 33 SCA https://www.admin.ch/opc/en/classifi...index.html#a33

Carte de legitimation and Ci Permit do not count toward permit C. Art. 34 FNIA https://www.admin.ch/opc/en/classifi...index.html#a34

See also section 3.5.4.7 of the SEM Handbook. There are however also special rules for retirees (section 7.2.5.1.1), children (section 7.2.6.2), and in case of death and divorce (section 7.2.7).
https://www.sem.admin.ch/sem/fr/home...matischen.html
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Old 12.05.2020, 23:00
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Re: Carte de legitimation to C-permit

It used to be possible to go from CdL to citizenship but not anymore after the change in law that came into effect in 2019. Indeed a C permit is now needed. You can't get a C permit while on CdL. If you retire or quit your CdL job there's generally no right to stay in CH, but EU citizens have it a lot easier than non-EU and most likely will get a B permit if have a job or way to support themselves. Non-EU would likely get an L under conditions, then it would be quite a climb to get to B, then C, then citizenship.
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Old 12.05.2020, 23:07
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Re: Carte de legitimation to C-permit

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If you retire or quit your CdL job there's generally no right to stay in CH
Wrong. It is not written in the law but retirees of international organization can get and are usually awarded an instant C if they have worked for at least five years prior to retirement in Switzerland. Source, see post above.
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Old 13.05.2020, 08:45
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Re: Carte de legitimation to C-permit

Retirement usually gives you a permit depending on your circumstances. Being terminated or quitting may not.

Achieving the time needed for citizenship begins the day the permit is issued as if they arrived on that day.

I know one retired cdl holder, been here for 40 years, and has a Swiss Child, a long term Swiss partner and is now in her second year on the path for a Swiss Passport. She got her Permis C easily.
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Old 13.05.2020, 10:45
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Re: Carte de legitimation to C-permit

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I know one retired cdl holder, been here for 40 years, and has a Swiss Child, a long term Swiss partner and is now in her second year on the path for a Swiss Passport. She got her Permis C easily.
Which in summary means she applied and is waiting for progress?
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Old 13.05.2020, 13:51
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Re: Carte de legitimation to C-permit

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Wrong. It is not written in the law but retirees of international organization can get and are usually awarded an instant C if they have worked for at least five years prior to retirement in Switzerland. Source, see post above.
I think runningdeer is technically correct in that there's no right for a non-EU to stay here once the CdL employment is up. In practice, regular permits can be requested and granted subject to conditions.

Based on the links you supplied, different rules apply to those who quit or are fired vs those who retire under a CdL. I have the impression the OP and the second poster are not nearing retirement age (or weren't, in the OP's case many years ago).

If the non-EU individual is not retiring under the CdL and the employment ends, what I'm reading is the person either has to leave the country or go through the same process as other non-EUs in order to receive a B permit. In this case the 5 years on CdL do not count towards a C permit.

If the non-EU individual is retiring under the CdL, Section 7.2.5.1.1 says the person can request a C permit upon retirement, provided all criteria are met (years of employment under CdL, integration, language, no social help, etc).

Of course if the non-EU is married to a Swiss or EU citizen, a regular permit could be granted under family reunification - but I think it would still be a B permit unless at retirement age.
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Old 13.05.2020, 17:54
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Re: Carte de legitimation to C-permit

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I think runningdeer is technically correct in that there's no right for a non-EU to stay here once the CdL employment is up. In practice, regular permits can be requested and granted subject to conditions.
Correct, there is no automatic right. Committing a crime for example may still be used against you.

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Wrong. It is not written in the law but retirees of international organization can get and are usually awarded an instant C if they have worked for at least five years prior to retirement in Switzerland. Source, see post above.
That used to be the case but at a seminar with Genève OCP recently, pursuant to the new rules, they stated non-EUs are entitled to Ls and EU's entitled to Bs. Per the law as I understood, no automatic right to C but could be requested. It has been customary in the past, but there is no such right, but probably would be considered favourably. The new rules on language and integration for the various permits or citizenship would likely also apply. Also, per the link you give, it only applies to IOs. They are only a subset of people with CdLs. Further, the SEM handbook only refers to 'functionnaire internationale". There are also CdL holders, in and outside of IOs who are not international functionnaires.
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