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Old 04.10.2012, 11:48
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C Permit regulations for non-EUs

According to the Swiss federal migration website, non-Eus can be granted C permit after 10 years uninterrupted residence. I'm wondering if leaving swiss for 2 months per year is considered as an interruption?
And more importantly, by 10 years residence, do they mean only working in swiss or studying duration is also counted?
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Old 04.10.2012, 12:30
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Re: C Permit regulations for non-EUs

Search the forum for Niederlassungsbewilligung ( Establishment / C permit ) - there are thread with lots of info for reading up.
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Old 04.10.2012, 12:46
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Re: C Permit regulations for non-EUs

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According to the Swiss federal migration website, non-Eus can be granted C permit after 10 years uninterrupted residence. I'm wondering if leaving swiss for 2 months per year is considered as an interruption?
And more importantly, by 10 years residence, do they mean only working in swiss or studying duration is also counted?
Did you deregister or just go on holiday?
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Old 04.10.2012, 12:53
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Re: C Permit regulations for non-EUs

No i just went for holidays.
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Did you deregister or just go on holiday?
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Old 04.10.2012, 12:57
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Re: C Permit regulations for non-EUs

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No i just went for holidays.
That sounds like 10 years uninterrupted residence to me!
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Old 04.10.2012, 13:09
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Re: C Permit regulations for non-EUs

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That sounds like 10 years uninterrupted residence to me!
I'm a student here, do they consider the years I have studied?
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Old 04.10.2012, 13:12
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Re: C Permit regulations for non-EUs

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I'm a student here, do they consider the years I have studied?
What permit did you have?
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Old 04.10.2012, 13:22
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Re: C Permit regulations for non-EUs

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What permit did you have?
I had B permit.
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Old 04.10.2012, 14:14
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Re: C Permit regulations for non-EUs

Section 3.4.3.2 of this: http://www.bfm.admin.ch/content/dam/...regelung-d.pdf

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Für die Erteilung der ordentlichen Niederlassungsbewilligung nach Artikel 34
Absatz 2 AuG müssen kumulativ zwei Fristen berücksichtigt werden:
• Die ausländische Person muss sich mindestens zehn Jahre mit einer
Kurzaufenthalts- oder Aufenthaltsbewilligung in der Schweiz aufgehalten
haben.
• Sie muss überdies die letzten fünf Jahre ununterbrochen im Besitze einer
Aufenthaltsbewilligung gewesen sein und sich während dieser Zeit auch
ohne Unterbruch in der Schweiz aufgehalten haben.
Vorübergehende Aufenthalte werden an den ununterbrochenen Aufenthalt in
den letzten fünf Jahren der Niederlassungsfrist nicht angerechnet. Aufenthalte
zur Aus- oder Weiterbildung (Art. 27 AuG) werden hingegen nachträglich
angerechnet, wenn die betroffene Person nach deren Beendigung während
zweier Jahre ununterbrochen im Besitz einer Aufenthaltsbewilligung für einen
dauerhaften Aufenthalt war
(Art. 34 Abs. 5 AuG).
If you have been student for the last five years, those years do not count towards your eligibility for a C permit unless you subsequently get employed for two years.

PhD students and academic researchers basically get completely screwed in this respect; they pay the full amount of tax and social contributions (and soon, health insurance), but never become eligible for C permits etc.

Last edited by quark; 04.10.2012 at 14:28. Reason: actually, looks like I was right
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Old 04.10.2012, 14:17
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Re: C Permit regulations for non-EUs

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No.

If your B permit mentions the word "Ausbildung", then the years are only counted if you subsequently move into full-time employment. If you stay in education, as your other posts suggest you will, you will most likely receive a B permit.

(I'm looking for the link now, but the BfM have moved the document I wanted)
However after 12 years presumably the OP could apply for a passport?
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Old 04.10.2012, 14:30
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Re: C Permit regulations for non-EUs

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However after 12 years presumably the OP could apply for a passport?
I'm not sure whether a similar clause applies to naturalisation - I will have a look and report back!

***SOME TIME LATER***

OK, so a quick flick through the Bürgerrechtsgesetz (http://www.admin.ch/ch/d/sr/1/141.0.de.pdf) didn't turn up anything similar for naturalisation - there doesn't seem to be any distinction made for stays for training or education.
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Old 04.10.2012, 14:59
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Re: C Permit regulations for non-EUs

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I'm not sure whether a similar clause applies to naturalisation - I will have a look and report back!

***SOME TIME LATER***

OK, so a quick flick through the Bürgerrechtsgesetz (http://www.admin.ch/ch/d/sr/1/141.0.de.pdf) didn't turn up anything similar for naturalisation - there doesn't seem to be any distinction made for stays for training or education.
As some teanage years count as double, I doubt there is.
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Old 04.10.2012, 15:15
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Re: C Permit regulations for non-EUs

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However after 12 years presumably the OP could apply for a passport?
Actually quite surely.

We had some threads about a legal proposal in some changes in eligibility criteria (e.g. the reduction from 12 to 8 years but C before, which until no is no requirement), but afaik or I'm quite sure those projects didn't pass the Parliament yet and won't be law if not in a few years.


The actual situation is odd: For some non-EU it seems to be easier to get citizenship rather than getting the C (however, a very useful thread recently has shown that if one can advertise "good" e.g. normal integration, one could have the C also being a "normal" non-EU after only 5 years), especially for those who do internships, who are students e.g.

And 10 years for non-EU C is not so much shorter than 12 years for citizenship. However, please consider that ordinary Einbürgerung can take up to 2 years, which makes 12 years rather result in all in all 14 years, and you must do something in those last 2 years, at least most of us just for a living, and you do need a permit in this period, too. Which can be an odd situation, to the point that a person has already got the Canton's and the commune's citizenship, but is still no Swiss yet.


And yes, most of the teenage years count double (as discussed in some threads in this part of the forum).
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Old 04.10.2012, 16:22
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Re: C Permit regulations for non-EUs

On a slightly different note:

If a non-EU has a B permit for two years, tied to a particular employer, and later changes employer AS WELL AS CANTON - meaning that the new employer i believe applies for a 'fresh' permit, would the 1st two years of stay count towards the 10/12 years for the 'C'?

Thanks in advance for your replies.

@ Bucentaure - "however, a very useful thread recently has shown that if one can advertise "good" e.g. normal integration, one could have the C also being a "normal" non-EU after only 5 years" can you please expand a bit more this? Esp the 'advertising' part.
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Old 04.10.2012, 16:32
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Re: C Permit regulations for non-EUs

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...a person has already got the Canton's and the commune's citizenship, but is still no Swiss yet.
Interesting...

Are these the steps one needs to go through before getting a Swiss passport (I have no intention of doing so myself)?

Still very locally governed then...

Also, I'm trying to figure out why getting a red passport with a white Swiss army cross on it is so important for some people? Is it more desirable than any other EU passport or US passport for that matter?

Purely out of curiosity...
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Old 04.10.2012, 16:52
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Re: C Permit regulations for non-EUs

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Interesting...

Are these the steps one needs to go through before getting a Swiss passport (I have no intention of doing so myself)?

Still very locally governed then...

Also, I'm trying to figure out why getting a red passport with a white Swiss army cross on it is so important for some people? Is it more desirable than any other EU passport or US passport for that matter?

Purely out of curiosity...
I'm interested to have that too!

What if I change the canton within this period? does that matter regarding the C permit application?
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Old 04.10.2012, 16:56
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Re: C Permit regulations for non-EUs

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Also, I'm trying to figure out why getting a red passport with a white Swiss army cross on it is so important for some people? Is it more desirable than any other EU passport or US passport for that matter?
If you are living here long-term you might want a say in how the country is run and for that you need to be able to vote. Your little book with the army cross will enable you to do that.

I can keep my British passport so it's not a biggie for me. It's just nice to be able to vote.
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Old 04.10.2012, 17:02
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Re: C Permit regulations for non-EUs

So it seems that my friends and I are wasting the time doing phd here, since these 3 or 4 years are not gonna be counted for C permit purposes. really screwed!

Thank you very much for your comments.
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Old 04.10.2012, 17:06
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Re: C Permit regulations for non-EUs

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So it seems that my friends and I are wasting the time doing phd here, since these 3 or 4 years are not gonna be counted for C permit purposes. really screwed!
Isn't the quality of the PhD the most important thing, more so than your residential permit status? Do you therefore think it would have been better to go to another country to study even if it only offered a substandard PhD but be able to score a passport or permanent residency status?

Am I missing something here?
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Old 04.10.2012, 17:07
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Re: C Permit regulations for non-EUs

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So it seems that my friends and I are wasting the time doing phd here, since these 3 or 4 years are not gonna be counted for C permit purposes. really screwed!
Was a c-permit then the main motivation for doing your phd in Switzerland?

In that case, a pity that you were not able to do research on the internet
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