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-   -   Question regarding new rules to obtain permit C (https://www.englishforum.ch/permits-visas-government/268001-question-regarding-new-rules-obtain-permit-c.html)

volodymyr 22.03.2017 23:28

Question regarding new rules to obtain permit C

As many of us know, there are new, more strict rules on obtaining C permit in Switzerland: http://lenews.ch/2016/09/22/tough-ne...gh-parliament/

While it is clear that the new rules will be more strict, it is not clear when the new law becomes effective.

Is it going to be effective since 01.01.2018? If so, does it means that people can still get permit C by "old" rules, i.e. automatic after 10 years of living in Switzerland until that date?

My situation is that I am non-EU and I am supposed to get permit C in October 2017 (10 years living in the country), so I don't know if my commune will give me C or B permit because the new law is going to be effective in a couples of month.

What would be the best thing to do? Apply for a VINTA now or wait and see what happens in October?

Thanks for any suggestions on the subject :)

happyrobbie 23.03.2017 16:08

Re: Question regarding new rules to obtain permit C
1. The new law going into force in 2018 is the law on nationality, it changes something for naturalization but has nothing to do with permits (B, C... )
2. The law of foreigners (another law) has a pending modification (date of entry not known yet but absolutely much later than Jan 2018 if it really happens) . This law deals with the permits.
3. The modified law on foreigners changes NOTHING with regard to the criteria for obtaining a C permit. What it changes with regard to C permit :
- a possibility is open where an already obtained C permit can be downgraded to B if the foreigner is no longer well integrated
- a little harder for C permit holders to bring family members through family reunion (need to speak the local language, sufficient fund... )
- a little harder for family members of C permit holders to get C permit after 5 years' residence in Switzerland (but still automatic if some conditions of integration are fulfilled)
4. The obtaining of C permit is never automatic for non-eu who has no family link to Swiss nationals / C permit holders.

The news you read which indicated that:
- it is currently automatic to get C permit after 10 years.
- with the new law it is harder to get a C permit
However both are incorrect.

5. Since you approach the 10 years residence, and of course the chance of getting granted a normal C permit is much larger than VINTA, it makes no much sense that you apply through VINTA now. You should wait a bit and apply for a normal C permit. But remember, it is not automatic as you think, you need to fulfill some criteria and provide some papers. Ask your commune for more information.

volodymyr 23.03.2017 23:51

Re: Question regarding new rules to obtain permit C

Thanks for the information. It is crystal clear now.

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