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Old 19.07.2017, 03:28
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Reactivate C Permit

Hello,

I left Switzerland (deregistered) and left my C permit in July 2016. I moved to Australia since then as my wife - an Australian citizen was very unwell with a serious illness and she really needed me to take care of her - we also have a doctor's certificate stating this. She has recovered a lot now. If I go back now, can I get my C permit back? What if we go back to Switzerland together?

If not, what are my options to return to Switzerland?
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Old 19.07.2017, 04:37
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Re: Reactivate C Permit

Quote:
If I go back now, can I get my C permit back?
No.

You should have thought of that before you deregistered and filed a corresponding request, they could've put it on hold for a few years. Too late now - after 6 months it's definitely gone.

Quote:
If not, what are my options to return to Switzerland?
Same as when you came the first time
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Old 19.07.2017, 08:48
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Re: Reactivate C Permit

Under limited circumstances it is possible to re-acquire a C permit, namely, if the C permit holder held it for at least 10 years and the absence from Switzerland was less than six years. See paragraph 6 on p. 10 at this link:

http://www.ma.zh.ch/internet/sicherh...ewilligung.pdf

Also, on an exceptional basis, it is possible to use the time or part of the time previously spent in Switzerland on a C permit that has expired to obtain a new C permit:

"Wird einem Ausländer, dessen Niederlassungsbewilligung nach einem Auslandaufenthalt erloschen ist, eine neue Bewilligung erteilt, kann ausnahmsweise die frühere Anwesenheit oder ein Teil davon an die Niederlassungsfrist angerechnet werden (vgl. Art. 34 Abs. 3 AuG und Art. 61 VZAE)." See para. 3.3 on p.4:

http://www.ma.zh.ch/internet/sicherh...ewilligung.pdf

That's as far as I can take this one.
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Old 19.07.2017, 10:18
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Re: Reactivate C Permit

I think what Mulhollander posted is regulated on the level of the Kanton, so depending on where OP lived different regulations may apply.

OP, ask the Gemeinde you were living in before you left. Since you left (perhaps a wee bit less than) a year ago it may be very important to do so immediately, just in case there's some one-year limit in place somewhere.
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Old 19.07.2017, 11:54
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Re: Reactivate C Permit

Quote:
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I think what Mulhollander posted is regulated on the level of the Kanton, so depending on where OP lived different regulations may apply.
The quote by Mullhollander cites federal regulations:

Quote:
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"Wird einem Ausländer, dessen Niederlassungsbewilligung nach einem Auslandaufenthalt erloschen ist, eine neue Bewilligung erteilt, kann ausnahmsweise die frühere Anwesenheit oder ein Teil davon an die Niederlassungsfrist angerechnet werden (vgl. Art. 34 Abs. 3 AuG und Art. 61 VZAE)." See para. 3.3 on p.4:

That's as far as I can take this one.
Art. 34 Abs. 34 AuG (Foreign Nationals Act)
https://www.admin.ch/opc/en/classifi...index.html#a34
says that a C permit can be given on exceptional basis

Art. 61 VZAE https://www.admin.ch/opc/de/classifi...index.html#a61
clarifies what "exceptional basis" means. It is exactly the 10 years on C and no more than 6 years out rule.
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