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  #21  
Old 15.06.2021, 13:39
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Re: interrupted years counted towards C Permit

To me it is still not clear the time on a formation B counts (maybe it counts as half) since it is by definition a temporary admission.



Art. 33 Residence
1 The length of residence in Switzerland is calculated based on residence as evidenced by the following residence documents:

a. a residence or permanent residence permit;
b. temporary admission; half of the period of residence is credited; or
c. a legitimation card or comparable residence document issued by the Federal Department of Foreign Affairs.

2 Leaving Switzerland for a short period with the intention of returning does not interrupt a period of residence.

3 A foreign national is deemed to have stopped residing in Switzerland on leaving Switzerland if he or she has deregistered with the responsible authority or has actually lived abroad for more than six months.
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  #22  
Old 15.06.2021, 14:09
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Re: interrupted years counted towards C Permit

You cannot read laws in a translated language that has no legal force.

If you read what you quote in a national language you will see by „temporary admission” it is understood as F permit.

F permits are the ones that count as half.

A student B permit is a B permit i.e. „residence permit” per the English translation and so count fully.

L permits do not count at all.
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  #23  
Old 15.06.2021, 16:02
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Re: interrupted years counted towards C Permit

But, a student B permit... isn't actually a B permit. At least not in regards to applying for a C permit. It would be strange if this same stipulation didn't exist for naturalization.


Art. 34 Permanent residence permit
1 The permanent residence permit is granted for an unlimited duration and without conditions.

....

5 Temporary periods of stay, in particular for education or training (Art. 27), do not count towards the uninterrupted period of stay in the last five years in accordance with paragraphs 2 letter a and 4. Periods of stay for education or training (Art. 27) are included if the person concerned, after their completion, held a permanent residence permit for an uninterrupted period of two years.49

Art. 34 Autorisation d’établissement
1 L’autorisation d’établissement est octroyée pour une durée indéterminée et sans conditions.

....

5 Les séjours temporaires ne sont pas pris en compte dans le séjour ininterrompu de cinq ans prévu aux al. 2, let. a, et 4. Les séjours effectués à des fins de formation ou de formation continue (art. 27) sont pris en compte lorsque, une fois ceux-ci achevés, l’étranger a été en possession d’une autorisation de séjour durable pendant deux ans sans interruption.56
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  #24  
Old 15.06.2021, 17:40
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Re: interrupted years counted towards C Permit

A student B permit is a B permit.

You are incorrectly linking temporary stays (L permit) with stays for education or training (student B), the sentence that follows (making reference to the national language not the poor translation, to my point above again).

Why strange? The same way years spent on carte de légitimation do not count for C (unless if retiring immediately after appointment) but do count for naturalization.

Different laws (AIG vs BüG) different rules.
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  #25  
Old 15.06.2021, 18:37
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Re: interrupted years counted towards C Permit

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A student B permit is a B permit.

You are incorrectly linking temporary stays (L permit) with stays for education or training (student B), the sentence that follows (making reference to the national language not the poor translation, to my point above again).

Why strange? The same way years spent on carte de légitimation do not count for C (unless if retiring immediately after appointment) but do count for naturalization.

Different laws (AIG vs BüG) different rules.
I will point out if the translation is poor, it is the one used on the official swiss government website, it is not my translation.

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

So, it may be true that the English version is not legally binding, but it is the official English translation that the swiss government approved and posted. So " Temporary periods of stay, in particular for education or training" is directly from the swiss government website, and not a link I am making.

Sure, there may be different laws for different things, AIG vs BüG, but it doesn't mean it's not strange.
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  #26  
Old 15.06.2021, 18:54
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Re: interrupted years counted towards C Permit

Again, it is not an official English translation, it is merely indicative and it is not the Confederation’s responsibility to proof read or approve translations of laws in non-national languages that cannot be used as a legal basis.

Whether you continue trying to interpret the law via a non official translation despite this disclaimer and become confused as a result is your own doing.

It is not strange, permanent residency (C permit) is wildly different to becoming a citizen and as such the conditions to obtain either of the two will vary and are governed by different laws.
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  #27  
Old 15.06.2021, 20:58
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Re: interrupted years counted towards C Permit

Also, it is allowed to study up to 3 months using short-term Schengen visa (type C), which is also different from student B permit. It will be temporary stay for educational purposes but won't require any permit except for visa. English translation might have tried to highlight this. But again as others said - English translation has no legal basis and may be inaccurate as it isn't an official language.

So, better to refer to documents in one of official languages. Especially when you're talking about permanent permit and supposed to know such language at least at some basic level.
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