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Old 09.04.2008, 14:55
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C Permit after 5 years of being in Switzerland or since being on a B permit?

Hi There,

I heard that after 5 years of being here, as an EU-citizen I'm entitled to a C permit. However I am not sure if I'm entitled to the C Permit after 5 years of being in Switzerland or since being on a B permit? Also I am not sure if it matters if I change canton with that time.

I arrived in Switzerland (Basel-Stadt) on the 12 August 2003 and was originally issued an L permit as I only had a temporary job back then. I have always lived in the same canton (Basel-Stadt), but now considering on moving to ZH as I have a new job there. Here's the details again:
  • 12.08.03 to 25.10.04: Temporary contract--Issued 'L' permit.
  • 26.10.04 to 31.01.08: Permanent contract (same firm)--Issued 'B' permit.
  • 01.02.08 to Present: Permanent contract (with another firm in another canton)--Still on same permit.
Can anyone clear this up? My current B permit expires 26.10.2009.

Thanks.
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  #2  
Old 09.04.2008, 14:57
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

next permit will result in C (most likely).
EU Permits - A few bullet points
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  #3  
Old 09.04.2008, 15:00
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

Essentially I want to know if I am going to get my C permit this year (as it's 5 years this August) or next year and whether or not moving canton this year is going to interrupt any part of this.
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Old 09.04.2008, 15:02
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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Essentially I want to know if I am going to get my C permit this year (as it's 5 years this August) or next year and whether or not moving canton this year is going to interrupt any part of this.
You're EU so you can move.
I would wait until you've had 5 years with the B and cross fingers at next renewal.
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Old 09.04.2008, 15:16
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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whether or not moving canton this year is going to interrupt any part of this.
Moving cantons does not affect the process.
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  #6  
Old 09.04.2008, 15:23
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

Wow, quick comments from everyone! Just had an e-mail from my HR representative too. This is what she said:

Quote:
I was just talking to the Arbeitsamt and asked concerning your B permit.

Change of employer and location (kanton) don't have to be approved by the migration office. This 5 years should count from when you first came to Switzerland (12.08.03) but she wasn't 100% sure. So all you have to do is ask directly at the migration office in Zürich for the C permit (Aufenthaltsbewilligung). I don't know exactly what they need, but it should be very easy. I guess you have to fill in a form and the need some papers from you. But you have to ask for it!


The thing is that she said they weren't 100% on whether I'm entitled to a C after 5 years of being in Switzerland (i.e. 12.08.03 this year) or being on my B permit (i.e. 26.10.09 next year when my B permit expires).
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Old 09.04.2008, 15:28
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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The thing is that she said they weren't 100% on whether I'm entitled to a C after 5 years of being in Switzerland (i.e. 12.08.03 this year) or being on my B permit (i.e. 26.10.09 next year when my B permit expires).
From the date of entrance (unless you are a student).
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Old 09.04.2008, 15:31
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

Great thanks! I have just e-mailed the migrationsamt in Basel. Will post the reply if I get one. Thanks again!
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Old 09.04.2008, 16:09
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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From the date of entrance (unless you are a student).

... which means you are entitled to one now but you will not get it automatically until your current permit runs out.
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  #10  
Old 09.04.2008, 18:48
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

UK Buddy of mine was here (Zürich) 5 years last September, without a break. Had a B valid to 2010 issued in 2005, after a few L's.
He went to his Kreissbüro, who sent it on to the Migrationsamt. After around a month he had a letter inquiring about his work circumstances, and his Betreibungs record. He had had Betreibungs, but had paid them immediately, and he was in regular, albeit contract employment.
He got the C through the post, with nothing to pay.

See also http://www.bfm.admin.ch/bfm/en/home/...c_eg_efta.html. It's linked to from the Zürich Migrationsamt site.
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Last edited by colin; 09.04.2008 at 18:56. Reason: insert link
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  #11  
Old 09.04.2008, 19:31
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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Great thanks! I have just e-mailed the migrationsamt in Basel. Will post the reply if I get one. Thanks again!
You can already apply for the C permit, even though your B is not yet expired. All you have to do is cough up the 60 CHF again...
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Old 09.04.2008, 21:44
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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Moving cantons does not affect the process.


Are you absolutely sure about that?

I'm an EU citizen. I first came here in Oct 2000 to Zug, then I had an A-Permit which later became an L. Since then I've only been out of Switzerland for the obligatory 3 months after the expiry of my first permit.

In April 2003 I moved to Luzern whilst still on an L permit. In April 2004 I got a B permit through to 2009 from Luzern. I went last year to see if I was eligible for a C as I'd lived in Switzerland for 7 years (excluding the 3 months abroad between permits). I was told that I had to be in one canton for a minimum of 5 years in order to be eligible for a B & to wait until 2009.

As far as i know though, the ways things work with permits can vary greatly from canton to canton.
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Old 09.04.2008, 21:59
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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Are you absolutely sure about that?

I'm an EU citizen. I first came here in Oct 2000 to Zug, then I had an A-Permit which later became an L. Since then I've only been out of Switzerland for the obligatory 3 months after the expiry of my first permit.

In April 2003 I moved to Luzern whilst still on an L permit. In April 2004 I got a B permit through to 2009 from Luzern. I went last year to see if I was eligible for a C as I'd lived in Switzerland for 7 years (excluding the 3 months abroad between permits). I was told that I had to be in one canton for a minimum of 5 years in order to be eligible for a B & to wait until 2009.

As far as i know though, the ways things work with permits can vary greatly from canton to canton.
Permit legislation as well as the delays are federal... And as soon as you leave Switzerland the waiting period resets to zero so previous stays are lost.
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Old 09.04.2008, 22:20
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

That was back in 2001 though. I was told by the Amigra people in Luzern that the time I spent living in Zug wouldn't be counted and I'd have no option but to wait until 2009 when my B expires before trying for a C.
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Old 09.04.2008, 22:31
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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UK Buddy of mine was here (Zürich) 5 years last September, without a break. Had a B valid to 2010 issued in 2005, after a few L's.
He went to his Kreissbüro, who sent it on to the Migrationsamt. After around a month he had a letter inquiring about his work circumstances, and his Betreibungs record. He had had Betreibungs, but had paid them immediately, and he was in regular, albeit contract employment.
He got the C through the post, with nothing to pay.

See also http://www.bfm.admin.ch/bfm/en/home/...c_eg_efta.html. It's linked to from the Zürich Migrationsamt site.
Either your friend is very lucky or i am extremely unfortunate.... i am now renewing my Permit and hopefully getting a C (i have an EU passport and have lived in Switzerland for 5 years without breaks).

I have lost count on how many papers i had to present to the Migrationsamt [emigration department]. Criminal records, the unavoidable Betreibung, a letter from my employer stating what is my position and how many hours a week i work (ah ha), an extract of my social contributions [Sozialhilfebezug]... To get this last one was specially unnerving as no one seems to know where to send you to get it. In case anyone needs to know, it turned to be in the Sozialamt [Social Assistance office]. In Zurich it is on the Werdstrasse 75, 8th floor. In St Gallen, it its the Brühlgasse 1. And yes, you probably have guessed correctly: if you have lived in different Kantons, you have to ask to each and everyone of them for your extract. Thankfully enough, the Betriebung is consolidated.

I have been with this struggle for over a month, and will have to miss an important business trip on the account of not getting the permit ready on time (going to China, and the Chinese Consulate is very strict with their policies: no visa will be issued until i have a valid permit to live in Switzerland. End of discussion.) ARGHH and ARGHH and ARGHH....
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Old 09.04.2008, 22:44
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

With an EU or American Passport you qualify for a C Permit after 5 continuous years of living in Switzerland. L Permits time counts, you must have no betreibungs against you and have your taxes up to date.

I applied for my other half's C Permit in Dec 07. His B Permit was to run out in 2009, but I saw that he qualified for a C Permit on the Migrationsamt website. He was allowed to apply in advance 3 months before the 5 years was up. The main reason was so we didn't have to pay Quellensteuer.

I have to wait another 5 years for my C Permit (Australian Passport), but at least I don't have to pay tax at source, which they kept messing up the deductions with.
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Old 10.04.2008, 12:01
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

He just went to his local Kreissbüro. The assistant there automatically knew what he was there for.
Other than the information I mentioned, the Migrationsamt didn't want anything else. And he did NOT have to pay CHF 60.
But there is no point going until you have reached the 5 year point.

Having said all this, I think it depends on the person at the Migrationsamt, because they don't seem to know there own rules. He had a lot of difficulty getting his B, even though he'd had contract extensions of one year, which was one of the criteria at that time. In the end he spoke to the Bundesamt in Bern, and they confirmed his eligibility.

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All you have to do is cough up the 60 CHF again..
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Either your friend is very lucky or i am extremely unfortunate.... i am now renewing my Permit and hopefully getting a C (i have an EU passport and have lived in Switzerland for 5 years without breaks).

I have lost count on how many papers i had to present to the Migrationsamt [emigration department]. Criminal records, the unavoidable Betreibung, a letter from my employer stating what is my position and how many hours a week i work (ah ha), an extract of my social contributions [Sozialhilfebezug]... To get this last one was specially unnerving as no one seems to know where to send you to get it. In case anyone needs to know, it turned to be in the Sozialamt [Social Assistance office]. In Zurich it is on the Werdstrasse 75, 8th floor. In St Gallen, it its the Brühlgasse 1. And yes, you probably have guessed correctly: if you have lived in different Kantons, you have to ask to each and everyone of them for your extract. Thankfully enough, the Betriebung is consolidated.

I have been with this struggle for over a month, and will have to miss an important business trip on the account of not getting the permit ready on time (going to China, and the Chinese Consulate is very strict with their policies: no visa will be issued until i have a valid permit to live in Switzerland. End of discussion.) ARGHH and ARGHH and ARGHH....
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Old 10.04.2008, 12:06
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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Moving cantons does not affect the process.


I was under the impression that if you move cantons or even move within a canton that 'the 5 year clock' starts again.
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Old 10.04.2008, 12:10
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

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I was under the impression that if you move cantons or even move within a canton that 'the 5 year clock' starts again.
Moving only affects naturalisation. The differences in treatment as Colin justly noted are most often down to the staff being unfamiliar with the law prescription.
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Old 10.04.2008, 12:12
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Re: C Permit after 5 years of being in Switzerland or since being on a B permit?

My Buddy had lived in 3 different places, albeit in the same Canton. Can't comment on changes of Canton though, but there is no mention of it in the link I provided. Although
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Settled foreign nationals are foreign nationals who have been granted a settlement permit after "five or ten" years' residence in Switzerland.
is somewhat ambiguous!

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I was under the impression that if you move cantons or even move within a canton that 'the 5 year clock' starts again.
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