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-   -   Are number of days outside of Switzerland restricted on B Permit (https://www.englishforum.ch/permits-visas-government/260984-number-days-outside-switzerland-restricted-b-permit.html)

Chappers 11.10.2016 00:35

Are number of days outside of Switzerland restricted on B Permit
 
Firstly, please accept my apology if this has already been answered / covered somewhere in a previous thread, but I couldnt find it.
So, my question is, when on a B Permit are you restricted in the number of days you can spend outside of the country?
I thought I read somewhere a while ago that you could only be out of the country for a certain number of days otherwise it would affect your B permit, 90 or 180 seem to be in my head, but am not sure.
Anyone have the info or a link where it states this?
Your help in this matter is appreciated.
Thank you.

Samaire13 11.10.2016 00:58

Re: Are number of days outside of Switzerland restricted on B Permit
 
After 180 days. Can potentially be longer if a respective request is submitted before leaving the country.

https://www.admin.ch/opc/de/classifi...000/142.20.pdf (Art. 61)

Verlässt die Ausländerin oder der Ausländer die Schweiz, ohne sich abzumelden, so erlischt die Kurzaufenthaltsbewilligung nach drei Monaten, die Aufenthalts- und Niederlassungsbewilligung nach sechs Monaten.

Medea Fleecestealer 11.10.2016 08:46

Re: Are number of days outside of Switzerland restricted on B Permit
 
English version:

Section 2: Expiry and Revocation of Permits

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 68.2

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 (expires) after six months. On request, a permanent residence permit may remain valid for a further four years."

https://www.admin.ch/opc/en/classifi...000/142.20.pdf

pokes 11.10.2016 14:44

Re: Are number of days outside of Switzerland restricted on B Permit
 
Hello, I'm on a dependent L and I was told by the authorities (when i wanted to go out of Switzerland for a while) that I could be gone 3 months without permission from them, and 6 months with notice to the authoritites. My spouse on the other hand could only be away for 3months.

Medea Fleecestealer 11.10.2016 14:57

Re: Are number of days outside of Switzerland restricted on B Permit
 
Lucky you then. Usually only C permit holders can get permission to stay away longer. Otherwise it's only 3 months for an L permit holder and 6 for a B/C.

pokes 11.10.2016 15:30

Re: Are number of days outside of Switzerland restricted on B Permit
 
Yes.I was away for 3.5 months to give birth, and returned without hustle with my L. Little one on the other hand, had to go through the process of acquiring permit. It took 2 months from start to finish with one request for additional information.

Medea Fleecestealer 11.10.2016 15:47

Re: Are number of days outside of Switzerland restricted on B Permit
 
Congratulations! :)

pokes 11.10.2016 18:25

Re: Are number of days outside of Switzerland restricted on B Permit
 
Danke!

3Wishes 11.10.2016 19:12

Re: Are number of days outside of Switzerland restricted on B Permit
 
Quote:

Originally Posted by pokes (Post 2672471)
Yes.I was away for 3.5 months to give birth, and returned without hustle with my L. Little one on the other hand, had to go through the process of acquiring permit. It took 2 months from start to finish with one request for additional information.

+1 on the congrats. :) Perhaps you were allowed a bit longer because as a dependent, your "center of life" was still in Switzerland. Also the authorities do grant exceptions for medical reasons.

pokes 11.10.2016 23:27

Re: Are number of days outside of Switzerland restricted on B Permit
 
Update..i just confirmed this from my spouse. The authorities mentioned that I could be away for 6 months without notification as a dependent. After 6 months, I needed a visa to get back in. He only has 3 months to stay out as the main L-permit holder.

Also, the authorities weren't informed that my stay out was due to a health issue. In fact I just left and came back in after 3.5 months without hustle at the airport.

Britething 11.10.2016 23:35

Re: Are number of days outside of Switzerland restricted on B Permit
 
Quote:

Originally Posted by pokes (Post 2672782)
Update..i just confirmed this from my spouse. The authorities mentioned that I could be away for 6 months without notification as a dependent. After 6 months, I needed a visa to get back in. He only has 3 months to stay out as the main L-permit holder.

Also, the authorities weren't informed that my stay out was due to a health issue. In fact I just left and came back in after 3.5 months without hustle at the airport.

Never hustle at the airport. Too many people are watching you ...

Medea Fleecestealer 12.10.2016 09:02

Re: Are number of days outside of Switzerland restricted on B Permit
 
Well, it's always worth checking with your cantonal migration office to be sure. Each canton reacts differently to these things.

And the word you want is hassle, not hustle. :)

asmpic 12.10.2016 13:25

Re: Are number of days outside of Switzerland restricted on B Permit
 
I just found the below text from the Zurich's Migrationsamt website:

4 Tatsächlicher Auslandaufenthalt
4.1 Ununterbrochener Aufenthalt
Verlässt der Ausländer die Schweiz, ohne sich abzumelden, erlischt die Kurzaufenthaltsbewilligung nach drei Monaten, die Aufenthalts- und Niederlassungsbewilligung nach sechs Monaten (Art. 61 Abs. 2 AuG). Diese Fristen werden durch vorübergehende Besuchs-, Tourismusoder
Geschäftsaufenthalte in der Schweiz nicht unterbrochen (Art. 79 Abs. 1 VZAE).


It was my understanding that with an L, you couldn't be outside the country for 3 consecutive months. So for example, if you were coming for 1 week every month, that would be fine. But looking at the last line, it seems that this does not count, correct? Or is my German off?

roegner 12.10.2016 13:31

Re: Are number of days outside of Switzerland restricted on B Permit
 
Quote:

Originally Posted by asmpic (Post 2672999)
I just found the below text from the Zurich's Migrationsamt website:

4 Tatsächlicher Auslandaufenthalt
4.1 Ununterbrochener Aufenthalt
Verlässt der Ausländer die Schweiz, ohne sich abzumelden, erlischt die Kurzaufenthaltsbewilligung nach drei Monaten, die Aufenthalts- und Niederlassungsbewilligung nach sechs Monaten (Art. 61 Abs. 2 AuG). Diese Fristen werden durch vorübergehende Besuchs-, Tourismusoder
Geschäftsaufenthalte in der Schweiz nicht unterbrochen (Art. 79 Abs. 1 VZAE).


It was my understanding that with an L, you couldn't be outside the country for 3 consecutive months. So for example, if you were coming for 1 week every month, that would be fine. But looking at the last line, it seems that this does not count, correct? Or is my German off?

If you are here only one week per month, your main residence clearly is not Switzerland. You may also have the "luck" of then having to pay taxes in 2 countries, as the other one will probably consider you a resident.

Medea Fleecestealer 12.10.2016 13:32

Re: Are number of days outside of Switzerland restricted on B Permit
 
Not really sure what you're asking. Yes, coming back for a week every month means your permit won't become invalid.

asmpic 12.10.2016 13:35

Quote:

Originally Posted by roegner (Post 2673002)
If you are here only one week per month, your main residence clearly is not Switzerland. You may also have the "luck" of then having to pay taxes in 2 countries, as the other one will probably consider you a resident.

Sorry for not providing enough background.
My fiancé just received a L permit for marriage preparation but she is still finishing up her studies in the UK. She will be here permanently in January but will be visiting every so often until then. But if these visits don’t count then she will be past the 3 month marker by January time.

Quote:

Originally Posted by Medea Fleecestealer (Post 2673004)
Not really sure what you're asking. Yes, coming back for a week every month means your permit won't become invalid.

Ah, sorry. So I didn't understand the text. I translated it to mean that visits and tourism doesn't count as an 'interruption'.

roegner 12.10.2016 13:37

Re: Are number of days outside of Switzerland restricted on B Permit
 
The wording in german says: these time limits will not be halted by temporary visits. So, if you are here only for a short period per month, might you then not loose your permit?

pokes 12.10.2016 14:13

Re: Are number of days outside of Switzerland restricted on B Permit
 
Quote:

Originally Posted by Medea Fleecestealer (Post 2672836)
Well, it's always worth checking with your cantonal migration office to be sure. Each canton reacts differently to these things.

And the word you want is hassle, not hustle. :)

Thanks for the heads up. :D

asmpic 13.10.2016 14:26

Re: Are number of days outside of Switzerland restricted on B Permit
 
Quote:

Originally Posted by roegner (Post 2673010)
The wording in german says: these time limits will not be halted by temporary visits. So, if you are here only for a short period per month, might you then not loose your permit?

Anyone have any experience with this? I know Medea mentioned that you are able to come and go and it shouldn't cause a problem but has anyone had a situation where they actually did this?

Medea Fleecestealer 13.10.2016 14:58

Re: Are number of days outside of Switzerland restricted on B Permit
 
Talk to the cantonal migration office, explain her circumstances and see what they say.


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