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Old 05.09.2015, 22:20
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How to recover a cancelled C permit

Hi Eforumers

I've a pressing question to ask and hope to hear from people in similar situation or people who may have knowledge of this topic.

I'm married to a swiss since 2006. I live in Switzerland from 2005 to 2013. I held a C permit from 2011. In 2013 i decided to return to my country with no view of returning to Switzerland. I took the permit with me. But because I continued to pay life insurance in CH being on weaker currency in my home country I decided to send my permit back to CH to be handed over to the immigration authorities. Silly me, I was not aware that i could request permission to freeze it for a while.

Not knowing what tomorrow holds, am now back in CH. And wish to get back my C. I gone to the immigration offices to inquire. They said my permit was surely handed in and cancelled since one year and nine months now, on the basis that I left the country. Meaning it was cancelled on the 31st December 2013. And of course the immigration is never helpful.

I went to seek legal counsel at the zurcher anwaltsverband (the bar of lawyers in ZH). It waste a of time as the attorney I consulted with seemed totally clueless on immigration law. Well, I guess that's what you get when you look for freebies!

My question: Is there any way or chance that i could get it back , since the cancellation period is under 2 years?

Thank you in advance for any info or suggestions.
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Old 05.09.2015, 22:23
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Re: How to recover a cancelled C permit

Forget it, no chance.

Tom
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Old 05.09.2015, 23:02
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Re: How to recover a cancelled C permit

Ouch, yes you would need a miracle I'm afraid. Are you still married? Did you go abroad with your Swiss wife, or did you leave her?
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Old 05.09.2015, 23:15
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Re: How to recover a cancelled C permit

No you won't get it back. You also probably wouldn't have been able to "freeze it" anyway, as there are only very few reasons accepted for doing this... just leaving the country isn't enough.

Are you still married and with your wife? If yes you can get a B-permit through her, or maybe even apply for citizenship.
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Old 05.09.2015, 23:30
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Re: How to recover a cancelled C permit

To get it sooner again one has to have it for at least 10 years and return to CH within 6 years.
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Old 06.09.2015, 07:59
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Re: How to recover a cancelled C permit

what's the issue here? Just take the permit they issue which will be a B and if you need something better, facilitated naturalisation. Had you talked to them rather than do everything in the wrong way, you may have been able to park your permit but that ship sailed when you left the country.

if you're not married any more or if you're legally separated then your status changes too.
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Old 06.09.2015, 09:16
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Re: How to recover a cancelled C permit

Nope, no chance. It is possible to put a C permit on hold for up to 4 years, but the acceptable reasons for doing so are only 3: being sent to work abroad by your Swiss employer, military service or further education. For any other reason the default answer is "no" and you'd have to make a REALLY good case for getting it changed. Simply leaving the county to live/work elsewhere isn't a good enough reason by a long stretch.

Look on the bright side: at least you speak German which is now a requirement to get a C permit in Zurich canton. Still, if you want to go for facilitated naturalisation, assuming you're still married, I would get your application in quickly. The naturalisation law is due to change in late 2016/early 2017 and under that you must have a C permit to be able to apply. If you get your application in before then you'll come under the old rules.

https://www.bfm.admin.ch/bfm/en/home...uergerung.html

http://www.swissinfo.ch/eng/naturali...p-law/38821516
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Old 06.09.2015, 09:24
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Re: How to recover a cancelled C permit

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Still, if you want to go for facilitated naturalisation, assuming you're still married, I would get your application in quickly. The naturalisation law is due to change in late 2016/early 2017 and under that you must have a C permit to be able to apply. If you get your application in before then you'll come under the old rules.
Nope... C permit rule won't apply to facilitated naturalisation.
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