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Old 12.06.2008, 21:43
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Leaving/stopping residency temporarily

Sorry if this has been asked before, I couldn't really think of a suitable search query to find it and couldn't find mention in the threads I looked at either. How long can EU nationals with B permits be out of the country without having to reapply when coming back to Switzerland?
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Old 12.06.2008, 21:56
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Re: Leaving temprarily

As far as I know you need to ask for an extention _before_ you leave. Ask your gemeide/kreisbüro, they know.
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Old 13.06.2008, 00:13
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Re: Leaving temprarily

6 months.

It is written on the last page of your permit.
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Old 06.05.2020, 11:00
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Is it Possible to temporarily stop residency?

Hi All,
My Thai wife is registered as a permanent resident in Basel. Because of the virus thing she cannot return to CH for some time.
Does anyone know if it is possible to stop/suspend Swiss residency, without going through the complete residency application process again?

I asked at the Einwohneramt, I received no clear answer.

Thanks!
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Old 06.05.2020, 11:02
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Re: Leaving temporarily

Yes, it is normally 6 months, but if you sweet talk the Gemeinde before you go, they might give you longer.
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Old 06.05.2020, 11:14
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Re: Is it Possible to temporarily stop residency?

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Hi All,
My Thai wife is registered as a permanent resident in Basel. Because of the virus thing she cannot return to CH for some time.
Does anyone know if it is possible to stop/suspend Swiss residency, without going through the complete residency application process again?

I asked at the Einwohneramt, I received no clear answer.

Thanks!
Einwohneramt isn't competent in immigration nuances, talk to Migrationsamt instead.

If she has a C permit she has to apply for the C permit suspension at your Migrationsamt (look for "Aufrechterhaltung" here). The application needs to reach the authorities within 6 months of her leaving Switzerland. The suspension can last 4 years max and it needs to be approved by the immigration office but it's hard to imagine they won't approve it given the circumstances.
If she has a B permit there's no way to suspend it in usual times, but it's worth discussing the situation with the Migrationsamt, they might grant it in these circumstances.
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Old 06.05.2020, 11:14
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Re: Is it Possible to temporarily stop residency?

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Hi All,
My Thai wife is registered as a permanent resident in Basel. Because of the virus thing she cannot return to CH for some time.
Does anyone know if it is possible to stop/suspend Swiss residency, without going through the complete residency application process again?

I asked at the Einwohneramt, I received no clear answer.

Thanks!
Not being able to return due to Corona travel restrictions/cancellations is a valid reason to be granted a longer allowed period abroad.
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Old 06.05.2020, 12:14
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Re: Is it Possible to temporarily stop residency?

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Does anyone know if it is possible to stop/suspend Swiss residency!
Sorry if I ask: But what is the purpose of that?
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Old 06.05.2020, 13:50
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Re: Leaving temporarily

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Yes, it is normally 6 months, but if you sweet talk the Gemeinde before you go, they might give you longer.
No, they won't because the law is quite clear. For B/C permit holders if you're outside the country for more than 6 months at a time your permit becomes invalid.

C permits can be put on hold if you have a good reason to do so; B permits cannot be put on hold.
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Old 06.05.2020, 15:32
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Re: Leaving temporarily

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No, they won't because the law is quite clear. For B/C permit holders if you're outside the country for more than 6 months at a time your permit becomes invalid.

C permits can be put on hold if you have a good reason to do so; B permits cannot be put on hold.

Well actually they can, it's called "Zusicherung der Wiedereinreise" and legally implies a cantonal guarantee that you get a new B permit if you come back no later than the agreed date. Some cantons do it (e.g. Aargau).

And that was, like, in peacetime. Cantonal migration offices across Switzerland have all kinds of temporary ordinances in place to deal with the fallout of other countries closing borders etc for people stranded in Switzerland overstaying their visas etc. It doesn't make sense that they would just screw over people unable to return to Switzerland in this crisis through no fault of their own, especially those having a legal right to live here (like family members of Swiss/EU citizens and C permit holders).
It might be a very theoretical worst case scenario, sure, but I'm pretty sure the return will be granted if one gets in touch with their migration office and describes the situation in advance.

Even the basic federal law you're quoting has an escape clause for such situations:
Quote:
Art. 30
1 Von den Zulassungsvoraussetzungen (Art. 18–29) kann abgewichen werden, um:
[...]
b.
schwerwiegenden persönlichen Härtefällen oder wichtigen öffentlichen Interessen Rechnung zu tragen;
If getting stranded on the other side of the globe from your family due to circumstances beyond your control isn't a "schwerwiegender persönlicher Härtefäll" I don't know what is.
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Old 06.05.2020, 15:36
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Re: Is it Possible to temporarily stop residency?

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Sorry if I ask: But what is the purpose of that?
Gotta save on them insurance premiums
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Old 06.05.2020, 15:51
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Re: Is it Possible to temporarily stop residency?

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Gotta save on them insurance premiums
You won't on a B, only with a C.

Tom
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Old 06.05.2020, 15:58
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Re: Leaving/stopping residency temporarily

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If getting stranded on the other side of the globe from your family due to circumstances beyond your control isn't a "schwerwiegender persönlicher Härtefäll" I don't know what is.
The Swiss government, together with partner countries, conducted quite a few flights back home from major tourist destinations about a month ago, including a few from Thailand. Assuming they would have been open to dweers' wife there will be questions why she didn't return then.

According to this PDF dated January 2019 by Canton Zürich the reason for the overstay doesn't matter, the lapse is unconditional and conclusive. Both permit B and C.

The question is, of course, whether this is applied in corona times as well.
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Auf welchen Gründen der Auslandaufenthalt beruht, ist unerheblich. Es kommt daher grundsätzlich nicht darauf an, ob die rechtzeitige Rückkehr in die Schweiz freiwillig oder unfreiwillig [...] unterblieben ist und ob der Ausländer seinen Lebensmittelpunkt ins Ausland verlegt hat bzw. verlegen wollte oder von Beginn an vorgesehen hatte, in die Schweiz zurückzukehren [...].

Last edited by Urs Max; 06.05.2020 at 16:10.
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Old 07.05.2020, 11:44
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Re: Leaving/stopping residency temporarily

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The question is, of course, whether this is applied in corona times as well.
Exactly, that's why I recommended talking to the local Migrationsamt ASAP to clarify this.

Actually, the corona-related guidelines of MA ZH explicitly state that they will not apply the automatic permit expiration criteria to people who are stranded outside Switzerland and unable to return home in time, provided their permits did not expire before 13 March in that manner.

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Das Migrationsamt verzichtet bei Personen, die im Ausland sind und wegen der aktuellen Lage nicht rechtzeitig in die Schweiz zurückkehren können, auf das Feststellen des Erlöschens. Voraussetzung ist, dass die Bewilligung nicht bereits vor dem 13. März 2020 erloschen war und dass sich sie nach Aufhebung der Einreisebeschränkung zeitnah in die Schweiz zurückkehren. Dies gilt für Personen, die sich mit einer Aufrechterhaltung im Ausland aufhalten, für Personen, die sich im Rahmen des gesetzlich Zulässigen im Ausland aufhalten und für Personen, deren Bewilligung während des ungewollten Auslandaufenthalts abläuft.
There's no mention of any sanctions to people who didn't take the EDA repatriation flights (and it's unclear if a resident foreigner would be even accepted on such a flight, especially without their Swiss partner). The only condition is that they return soon after the restrictions are lifted. Even having the permit expire while stranded outside Switzerland is forgiven.
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