Does anyone know the detail of 'unfreezing' permits?

We are EU, and originally came in 2011, with L and then B permits which expire later this year.
Husband was relocated by his Swiss company and our permits have been frozen.

We want to return to CH (BS), but work may not allow this to happen for another 12-18 months.

Does anyone know whether our work permits will just continue with the old expiry date, or will they be extended by the amount of time we have been away. Obviously we don't want to jeopardise our permits, but don't want to upset the employer either.

I have checked the Bevölkerungsdienst website but can't get an answer there.

Thanks

Permits can be put on hold for up to 4 years, no longer, so it sounds as if you need to get back here and take them up again. Otherwise, being EU nationals at the moment, you'd just get new permits when you return in 12-18 months' time, assuming there aren't any quota limits on EU nationals by then. Of course if the quota comes in next February it may be a different story.

Thanks Medea,

Was speaking to a German couple today. She wasn't able to freeze hers and he was told to be back in two!

I know he was a Long term resident and was ready to apply for citizenship.

Gah! So hard to know what the rift thing is to do.

Yes, the permit can be held for up to 4 years, it's not an automatic 4 year extension. Depends on the particular circumstances of each application. And the reasons for putting a permit on hold are very narrow - being sent abroad by your Swiss employer, military service or further education. Any other reason starts off as a default "no" answer so you'd have to make a very good case to change that to a "yes, okay".

You need to research whether you/he are specialised enough to keep your jobs if the quota limit for EU nationals comes in next February. Priority will be given to Swiss and other nationals already living here so if you stay away for another 12-18 months it would be a new application under those conditions. I would also talk to your/his employer to explain your concerns, given the length of time you've been out of the country already and the possibility of a quota system being applied to EU nationals. They haven't said what the hiring criteria would be, but I assume it will be similar to the non-EU one in this link:

https://www.sem.admin.ch/sem/en/home...zulassung.html

I believe they need to put a bill to the Swiss parliament by the end of this month to meet the timeline laid out in the 2014 referendum so keep checking swissinfo.ch, thelocal.ch and of course here on the forum for news.

I'm surprised you were able to put B permits on hold. I was under the impression only C permits could be put on hold.

As for your friend being told he needed to be back in two years: when you put your permit on hold you get 2 years. Then you usually can extend it another 2 years, for a total of 4.

I've heard stories about B permits also being put on hold, but nothing direct from someone who has done it.

The law is quite clear:

"Art. 61 Expiry of permits
1 A permit expires:

a. on notice of departure abroad;
b. on the grant of a permit in another canton;
c. on the expiry of the term of validity of the permit;
d. on expulsion in terms of Article 68;
e. on the holder becoming subject to a legally enforceable order for expulsion from Switzerland under Article 66a SCC102 or Article 49a MCC103;
f. on the enforcement of an order for expulsion from Switzerland under Article 66abis SCC or 49abis MCC.

2 If a foreign national leaves Switzerland without giving notice of departure, a short stay permit expires after three months, and a residence or permanent residence permit after six months. On request, a permanent residence permit may remain valid for a further four years."

https://www.fedlex.admin.ch/eli/cc/2007/758/en

A permanent residence permit is a C permit.

Like miniMia I'm surprised B permits were put on hold. I can only think there were special circumstances that warranted it or cork was extremely lucky.

Some cantons do it, for example Aargau allows to put a B permit on hold for up to four years if one needs to go study, work for their Swiss employer abroad or do military service in their home country (pdf, sorry it's in German only — that's the language in Aargau )

You're right that it's not an opportunity provided by federal law. It's also not expressly forbidden by federal law, so some cantons do it and some don't.

Our B permits were put on hold in 2014 when we were sent for a couple of years to Singapore by my wife's employer. On our return in 2017 they were simply sent back to us. This was canton Vaud.