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Old 28.01.2017, 17:41
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interrupted years counted towards C Permit

I'm confused regarding number of years counted for 10 year C permit application [non EU/USA]. In case the stay was interrupted. I'm trying to make sense of the document here

At Migrationzamt I was told that because of interruption, my first interrupted year will not be counted. I don't see this is the case in section 4.1 in above document. Maybe I'm missing something? Can someone correct me where I am wrong?

My Situation: I lived for 1 year on student B permit mid 2007-mid 2008. I exit from Switzerland and then entered again in 2009 with student B permit until 2014. Since 2014 I'm employed.

My understanding is that I will be eligible for C permit in 2018 with A2 German because I will complete in total 10, with last 9 years continuous in Switzerland also, last 3 years on Zurich as a regular employee.

P.S I know I can apply for VINTA fast route, I cannot do this because Zurich requires German B1 that is not possible for me since majority of my time was spent in the french region.
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Old 28.01.2017, 18:48
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Re: interrupted years counted towards C Permit

Under the current law, when applying for C permit in the normal track (after 10 years), the first 5 years of the 10 years can be on B or L permit, the residence can be interrupted if
1) the interruption was less than 2 years, and
2) the social and cultural link to Switzerland was maintained during this period.

If you can prove 2), then you have a chance.

You will apply in 2018, and we are in 2017. I do not know why you cannot (or are not willing to) obtain a German B1 certificate given that you have at least 1 year. Also, you should know that in the revised LEtr (federal law on foreigners), before obtaining a C permit (no matter 10 years or 5 years), integration and speaking the local language where you live is a must.
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Old 28.01.2017, 19:20
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Re: interrupted years counted towards C Permit

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Under the current law, when applying for C permit in the normal track (after 10 years), the first 5 years of the 10 years can be on B or L permit, the residence can be interrupted if
1) the interruption was less than 2 years, and
2) the social and cultural link to Switzerland was maintained during this period.
Can you please point me where you found the information regarding interruption?

Regarding VINTA, I'm currently learning german so most probably I will get A2 before 2018. B1 certificate is a bit ambitious at the moment. If possible can you point me to the revised LEtr document.
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Old 28.01.2017, 19:41
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Re: interrupted years counted towards C Permit

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Can you please point me where you found the information regarding interruption?

Regarding VINTA, I'm currently learning german so most probably I will get A2 before 2018. B1 certificate is a bit ambitious at the moment. If possible can you point me to the revised LEtr document.
https://www.sem.admin.ch/dam/data/se...ngen-aug-f.pdf

Page 73-74

There is no English version.
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Old 29.01.2017, 00:31
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Re: interrupted years counted towards C Permit

Thanks for the pointer, just what I needed.

I'm surprised this clause was not mentioned in the document I posted earlier [given to me by Zurich Migration department]. I'm assuming LEtr law should be applicable to Zurich canton without problem.

Is this revised LEtr law the currently existing one? or the one that will start in 2018. I read that C permit will be a requirement for Naturalization and the number of years for naturalization will be reduced to 10 years? Is the new law making any amendments for C permit condition?

Also, how do I prove integration apart from working here and language. Do I need to join some communities?
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Old 29.01.2017, 01:14
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Re: interrupted years counted towards C Permit

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Thanks for the pointer, just what I needed.

I'm surprised this clause was not mentioned in the document I posted earlier [given to me by Zurich Migration department]. I'm assuming LEtr law should be applicable to Zurich canton without problem.

Is this revised LEtr law the currently existing one? or the one that will start in 2018. I read that C permit will be a requirement for Naturalization and the number of years for naturalization will be reduced to 10 years? Is the new law making any amendments for C permit condition?

Also, how do I prove integration apart from working here and language. Do I need to join some communities?
There might be some confusion on laws here.

Federal law on foreigners (LEtr) is the law regulating the affairs (entry, residence...) of foreigners. Regulation on C permits is in this law. This law will be partially revised (if there is no referendum turning it down), emphasizing the integration as a prerequisite for residence (including C permit), and its name will be changed to Federal law on foreigners and integration (LEI). The entry of force of this partial revision is not yet defined.

What I showed you, is not LEtr itself, but the directive of LEtr published by SEM. It is a by-law which explains and guides the application of LEtr. For example, it gives more detailed information on requirements of C permit. The clause speaking about 2-year interruption is applicable for every canton (the cantons cannot specify a more strict criteria for a C permit applied by the normal track)

LEtr (or LEI in the future) does not touche naturalization, which is regulated by another law: Federal law on the Acquisition and Loss of Swiss Citizenship (LN). There is a total revision of this law which will be en force from Jan 2018. It is this total revision which changes the federal residence requirement from 12 to 10 years and makes C permit a prerequisite for regular naturalization.
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Old 30.01.2017, 03:17
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Re: interrupted years counted towards C Permit

Thanks again for clarifying the confusion!

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Federal law on foreigners (LEtr) is the law regulating the affairs (entry, residence...) of foreigners. Regulation on C permits is in this law. This law will be partially revised (if there is no referendum turning it down), emphasizing the integration as a prerequisite for residence (including C permit), and its name will be changed to Federal law on foreigners and integration (LEI). The entry of force of this partial revision is not yet defined.
I understood that integration was always a prerequisite for C permit at least for non-EUs (not married to swiss), whether its normal or VINTA route. I'm not sure I understand what would be the different in the LEI if it gets enforced?

One more (slightly unrelated question). Am I correct to assume that for VINTA the person should be employed continuously for the last 5 years, however for [10 year] C-Permit this is not a prerequisite? Does this mean my unemployed dependents cannot apply for VINTA route even if they show language certification and integration, but they can apply for normal 10 year C-Permit independently? Also, for an employed person if he has a gap of say 1 month while changing jobs will he get disqualified for VINTA C-Permit.
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Old 11.04.2017, 21:17
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Re: interrupted years counted towards C Permit

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Under the current law, when applying for C permit in the normal track (after 10 years), the first 5 years of the 10 years can be on B or L permit, the residence can be interrupted if
1) the interruption was less than 2 years, and
2) the social and cultural link to Switzerland was maintained during this period.

If you can prove 2), then you have a chance.

You will apply in 2018, and we are in 2017. I do not know why you cannot (or are not willing to) obtain a German B1 certificate given that you have at least 1 year. Also, you should know that in the revised LEtr (federal law on foreigners), before obtaining a C permit (no matter 10 years or 5 years), integration and speaking the local language where you live is a must.
how do you prove 2)? this is a bit vague...
Also you said current law, this law is being changed too?
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Old 11.04.2017, 21:29
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Re: interrupted years counted towards C Permit

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There might be some confusion on laws here.

Federal law on foreigners (LEtr) is the law regulating the affairs (entry, residence...) of foreigners. Regulation on C permits is in this law. This law will be partially revised (if there is no referendum turning it down), emphasizing the integration as a prerequisite for residence (including C permit), and its name will be changed to Federal law on foreigners and integration (LEI). The entry of force of this partial revision is not yet defined.

What I showed you, is not LEtr itself, but the directive of LEtr published by SEM. It is a by-law which explains and guides the application of LEtr. For example, it gives more detailed information on requirements of C permit. The clause speaking about 2-year interruption is applicable for every canton (the cantons cannot specify a more strict criteria for a C permit applied by the normal track)

LEtr (or LEI in the future) does not touche naturalization, which is regulated by another law: Federal law on the Acquisition and Loss of Swiss Citizenship (LN). There is a total revision of this law which will be en force from Jan 2018. It is this total revision which changes the federal residence requirement from 12 to 10 years and makes C permit a prerequisite for regular naturalization.
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Old 01.10.2017, 13:42
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Re: interrupted years counted towards C Permit

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Under the current law, when applying for C permit in the normal track (after 10 years), the first 5 years of the 10 years can be on B or L permit, the residence can be interrupted if
1) the interruption was less than 2 years, and
2) the social and cultural link to Switzerland was maintained during this period.

If you can prove 2), then you have a chance.

You will apply in 2018, and we are in 2017. I do not know why you cannot (or are not willing to) obtain a German B1 certificate given that you have at least 1 year. Also, you should know that in the revised LEtr (federal law on foreigners), before obtaining a C permit (no matter 10 years or 5 years), integration and speaking the local language where you live is a must.
What about Vinta i.e. 5 years route?
Can someone have interrupted years during the 5 years through Vinta? e.g. 3 years in CH, left the country for 2 years, then back for 2 years again. Does the same condition apply?
thanks!
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Old 01.10.2017, 16:52
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Re: interrupted years counted towards C Permit

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What about Vinta i.e. 5 years route?
Can someone have interrupted years during the 5 years through Vinta? e.g. 3 years in CH, left the country for 2 years, then back for 2 years again. Does the same condition apply?
thanks!
No. The AuG is pretty clear on this.
Quote:
Sie kann bei erfolgreicher Integration, namentlich wenn die betroffene Person über gute Kenntnisse einer Landessprache verfügt, nach ununterbrochenem Aufenthalt mit Aufenthaltsbewilligung während der letzten fünf Jahre erteilt werden.
It says that in order to receive an early C permit at a time moment T, you need to have lived in Switzerland without interruption since at least T - 5 years.
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Old 16.01.2018, 00:16
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Re: interrupted years counted towards C Permit

Hi everyone,

Will they count the years as a (non-EU/USA) student toward the C permit?

thanks in advanced
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Old 16.01.2018, 12:59
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Re: interrupted years counted towards C Permit

Maybe.
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Old 16.07.2018, 13:48
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Re: interrupted years counted towards C Permit

Hi,
We were in Switzerland for 5 years and 6 months. We moved to another country in October 2017 but will be coming again in 2 to 3 months.
We were in Switzerland from March, 2012 to October, 2017 on B-Permit with full time employment through out.

Will I be able to apply for C Permit once I come there? Or does my number of years counter start again?

Thanks
Ankur
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Old 16.07.2018, 14:03
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Re: interrupted years counted towards C Permit

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Will they count the years as a (non-EU/USA) student toward the C permit?
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Hi,
We were in Switzerland for 5 years and 6 months. We moved to another country in October 2017 but will be coming again in 2 to 3 months.
We were in Switzerland from March, 2012 to October, 2017 on B-Permit with full time employment through out.

Will I be able to apply for C Permit once I come there? Or does my number of years counter start again?
The law is clear:
Art. 34 Foreign Nationals Act https://www.admin.ch/opc/en/classifi...232/index.html

Quote:
1 The permanent residence permit is granted for an unlimited duration and without conditions.

2 Foreign nationals may be granted a permanent residence permit if:

a. they have resided in Switzerland for a minimum of ten years in total on the basis with a short stay or residence permit and have held a residence permit without interruption for the last five years; and

b.there are no grounds for revocation in terms of Article 62 paragraph 1.

3 The permanent residence permit may be granted after a shorter qualifying period if there is good cause.

4 It may be granted to successfully integrated persons, in particular if the persons concerned have good knowledge of a national language after an uninterrupted period of stay on the basis of a residence permit for the last five years.

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.
PS: Number 3 is not VINTA. It is a very special clause which is used for University Professors and some other lucky persons which have had the permit C previously for at least 10 years.
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Old 11.06.2021, 11:02
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Re: interrupted years counted towards C Permit

Dear EF members,

Can you please comment on my naturalization perspectives with respect to interrupted residence. I did my PhD in Basel from 2011 till 2014 (3 years), I had the usual B permit for students. At that time I registered as non-EU. Afterwards, I had to deregister and left Switzerland for less than 6 months and came back in 2015 and registered myself as EU, since during those 6 months I obtained EU passport. During that time I had 5 year EU B permit and got my C permit last year. Do those 3 years spent for my PhD count towards 10 years stay, considering that I left Switzerland for a short time? From my understanding if those 3 years spent for my PhD would count, I can in principle naturalize next year, since it will be 10 years that I have stayed in Switzerland? Thank you in advance for your input.
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Old 14.06.2021, 16:51
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Re: interrupted years counted towards C Permit

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Dear EF members,

Can you please comment on my naturalization perspectives with respect to interrupted residence. I did my PhD in Basel from 2011 till 2014 (3 years), I had the usual B permit for students. At that time I registered as non-EU. Afterwards, I had to deregister and left Switzerland for less than 6 months and came back in 2015 and registered myself as EU, since during those 6 months I obtained EU passport. During that time I had 5 year EU B permit and got my C permit last year. Do those 3 years spent for my PhD count towards 10 years stay, considering that I left Switzerland for a short time? From my understanding if those 3 years spent for my PhD would count, I can in principle naturalize next year, since it will be 10 years that I have stayed in Switzerland? Thank you in advance for your input.
Can somebody comment please? Thank you.
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Old 14.06.2021, 17:43
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Re: interrupted years counted towards C Permit

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Can somebody comment please? Thank you.
No, I don't think they count. Years on a student B do not count towards C permit or naturalization unless they are directly followed by 2 uninterrupted years with a Permit L or Permit B.

Since that is not the case for you, I think those years will not count for you.
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Old 14.06.2021, 18:09
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Re: interrupted years counted towards C Permit

Years on a student B count for naturalization.

The 10 year requirement does not have to be continuous.

What needs to be continuous is a 3 year period within the 5 years prior to applying for naturalization.
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Old 15.06.2021, 13:56
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Re: interrupted years counted towards C Permit

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Years on a student B count for naturalization.

The 10 year requirement does not have to be continuous.

What needs to be continuous is a 3 year period within the 5 years prior to applying for naturalization.
Hi Limegrass, thanks a lot for positive news. I will create a separate thread in due time concerning my naturalization experience in Basel.
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