Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 17.08.2017, 00:39
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
C permit

Anyone know why shows: family member of EU..on c permit? It is not independent? Thanks
Reply With Quote
  #2  
Old 17.08.2017, 00:45
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

Picture as below
Attached Thumbnails
c-permit-20170816_233953.jpg  
Reply With Quote
  #3  
Old 17.08.2017, 00:51
Guest
 
Posts: n/a
Re: C permit

It is because you are not from the EU, therefore your C Permit is dependent on your spouse/parent who is from the EU.
Reply With Quote
  #4  
Old 17.08.2017, 00:58
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

But as I know c is unlimited . Also I have jib, I get it after 10 years ..


Quote:
It is because you are not from the EU, therefore your C Permit is dependent on your spouse/parent who is from the EU.

Last edited by 3Wishes; 17.08.2017 at 17:37. Reason: fixed quote; please take care not to edit/remove HTML tags when quoting
Reply With Quote
  #5  
Old 17.08.2017, 02:40
Senior Member
 
Join Date: Jun 2009
Location: Vaud
Posts: 362
Groaned at 7 Times in 5 Posts
Thanked 347 Times in 164 Posts
chomp has earned the respect of manychomp has earned the respect of manychomp has earned the respect of many
Re: C permit

The answer is because the law on foreigners does not apply to the family members of EU/EFTA nationals (LEtr Art. 2 Al. 2, 3). As such, your permit is not issued under the law on foreigners. The observation on your permit serves no other function than making it clear that the law on foreigners does not apply. Your status is not dependant on your family relation. If, for whatever reason, you would cease to be the family member of an EU/EFTA national, you would simply receive a C permit under the provisions of LEtr Art. 34.

But just to set your mind to rest:
Currently, a C permit cannot be revoked (other than due to a serious criminal conviction [CP Art. 59-61, 64] and a sentence of expulsion pronounced by a judge, dependence on social welfare [not applicable if the person has been in Switzerland continuously for 15 years], or absence from Switzerland for over 6 months) as per LEtr Art. 63 Al. 1-3.
Reply With Quote
This user would like to thank chomp for this useful post:
  #6  
Old 17.08.2017, 07:30
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

Thanks for the answer above
Reply With Quote
  #7  
Old 17.08.2017, 12:51
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

i am just curious, cause my friend married swiss, get C Permit, but did not Show: Family member of swiss.


Quote:
View Post
The answer is because the law on foreigners does not apply to the family members of EU/EFTA nationals (LEtr Art. 2 Al. 2, 3). As such, your permit is not issued under the law on foreigners. The observation on your permit serves no other function than making it clear that the law on foreigners does not apply. Your status is not dependant on your family relation. If, for whatever reason, you would cease to be the family member of an EU/EFTA national, you would simply receive a C permit under the provisions of LEtr Art. 34.

But just to set your mind to rest:
Currently, a C permit cannot be revoked (other than due to a serious criminal conviction [CP Art. 59-61, 64] and a sentence of expulsion pronounced by a judge, dependence on social welfare [not applicable if the person has been in Switzerland continuously for 15 years], or absence from Switzerland for over 6 months) as per LEtr Art. 63 Al. 1-3.
Reply With Quote
  #8  
Old 17.08.2017, 12:53
Guest
 
Posts: n/a
Re: C permit

Quote:
View Post
i am just curious, cause my friend married swiss, get C Permit, but did not Show: Family member of swiss.
Which country does your friend come from?
Reply With Quote
  #9  
Old 17.08.2017, 12:54
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

China.


Quote:
Which country does your friend come from?
Reply With Quote
This user would like to thank Lily5469 for this useful post:
  #10  
Old 17.08.2017, 12:59
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

also, i am curious, if i get C Permit just due to Partner, then why i must provide my work/salary confirmation with signature/stemple of our Company, also german certificate?
Reply With Quote
  #11  
Old 17.08.2017, 13:09
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,288
Groaned at 97 Times in 86 Posts
Thanked 18,774 Times in 8,323 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: C permit

Quote:
View Post
The answer is because the law on foreigners does not apply to the family members of EU/EFTA nationals (LEtr Art. 2 Al. 2, 3).
The English name is Foreign Nationals Act and it also applies to EU/EFTA nationals as well there family members. But certain provisions, specially regarding stay and entry, are overruled either by the "Agreement of 21 June 19991 between the Swiss Confederation on the one hand and the European Community and their Member States on the other hand on Freedom of Movement" or by the "Agreement amending the Convention establishing the European Free Trade Association from 21 June 2001".

Here the link to the English version of Art. 2 FNA https://www.admin.ch/opc/en/classifi.../index.html#a2

Quote:
View Post
i am just curious, cause my friend married swiss, get C Permit, but did not Show: Family member of swiss.
Because there stay is solely regulated by Foreign Nationals Act, in particular the stay is based on Art. 42 FNA. Here the link to the English text https://www.admin.ch/opc/de/classifi...index.html#a42
__________________
"Okay, I just hope we don't wake up on Mars or something surrounded by millions of little squashy guys."
Reply With Quote
  #12  
Old 17.08.2017, 13:35
Senior Member
 
Join Date: Jun 2009
Location: Vaud
Posts: 362
Groaned at 7 Times in 5 Posts
Thanked 347 Times in 164 Posts
chomp has earned the respect of manychomp has earned the respect of manychomp has earned the respect of many
Re: C permit

Quote:
View Post
The English name is Foreign Nationals Act and it also applies to EU/EFTA nationals as well there family members. But certain provisions, specially regarding stay and entry, are overruled either by the "Agreement of 21 June 19991 between the Swiss Confederation on the one hand and the European Community and their Member States on the other hand on Freedom of Movement" or by the "Agreement amending the Convention establishing the European Free Trade Association from 21 June 2001".

Here the link to the English version of Art. 2 FNA https://www.admin.ch/opc/en/classifi.../index.html#a2
The extent to which LEtr applies to EU/EFTA nationals, as far as I remember, is essentially just that the system of permits (i.e. L, B, C etc..) is also employed.
Reply With Quote
  #13  
Old 17.08.2017, 14:16
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,288
Groaned at 97 Times in 86 Posts
Thanked 18,774 Times in 8,323 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: C permit

Quote:
View Post
The extent to which LEtr applies to EU/EFTA nationals, as far as I remember, is essentially just that the system of permits (i.e. L, B, C etc..) is also employed.
Not only. Art. 90 for example. An EF member had the joy to learn the existence of that article recently. As far as I understand gaining a Permit C is solely based on FNA/LEtr and is now where mentioned in the agreement. Also the obligation that you need a valid ID during your stay is still in affect. Then all the data processing stuff as well as, god forbids, deportation.
Reply With Quote
  #14  
Old 17.08.2017, 14:46
Forum Veteran
 
Join Date: Apr 2012
Location: Sion/VS, Fribourg/FR, Bern/BE
Posts: 966
Groaned at 20 Times in 17 Posts
Thanked 513 Times in 259 Posts
happyrobbie has an excellent reputationhappyrobbie has an excellent reputationhappyrobbie has an excellent reputationhappyrobbie has an excellent reputation
Re: C permit

1. An L/B permit is dependent if it is obtained via family reunion, in this case, in the "Observation" section (bottom) of the permit, it will be mentioned "family reunion"

2. A C permit is always a "main" permit, is never dependent / based on family reunion. For example, a person married to EU/CH may get his B permit by family reunion. As soon as the permit upgrades to C (by whatever ground, 5 years marriage, 10 years residence in CH, 5 years in CH and good integration...), the permit is no longer dependent (no longer based on family reunion), it becomes a "main" C permit. And dissolution of the family will have no effect on this C permit.

3. For information reason, in the "Type of authorization" section (middle) of a permit (L/B/C...), there might be some notes, p. ex.
- "member of the family": if the permit holder is family member (e.g. child, spouse) of a CH person. Why "member of the family" instead of "member of a Swiss family", because this is a residence permit from Switzerland.
- "member of the family of a EU/EFTA citizen": self-explanatory. In this case, the permit is regulated by both LEtr and the CH-EU bilateral agreement and the most favorable conditions from both apply.
- "EU/EUFA citizen (free movement of person non-applicable)": self-explanatory

Article 71 OSAS gives more information on this. https://www.admin.ch/opc/fr/classifi...993/index.html

The notes in 3 is only for information, and has nothing to do with the fact that the permit is dependent or not. Actually, 2 and 3 are independent. For example, you can have a permit where both are shown ("family reunion" and "member of the family"), for a dependent B permit holder married to CH person. You can also have a C permit which is not dependent and has the note "member of the family", like the case of OP
Reply With Quote
This user would like to thank happyrobbie for this useful post:
  #15  
Old 17.08.2017, 17:49
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

many thanks for all the answer/Information. one more question for the People, who maybe want to know.
for Family member of EU, C Permit has relation with work? in my Situation, i have to provide all papers about my work/salary. how about for those People, who not have work?
thanks.
Reply With Quote
  #16  
Old 17.08.2017, 17:52
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

Thanks for the anwer. that is exactly the Point. if stay here due to marriage with swiss, why not Show Family member? according to the regualtions, it should Show..


Quote:
View Post
The English name is Foreign Nationals Act and it also applies to EU/EFTA nationals as well there family members. But certain provisions, specially regarding stay and entry, are overruled either by the "Agreement of 21 June 19991 between the Swiss Confederation on the one hand and the European Community and their Member States on the other hand on Freedom of Movement" or by the "Agreement amending the Convention establishing the European Free Trade Association from 21 June 2001".

Here the link to the English version of Art. 2 FNA https://www.admin.ch/opc/en/classifi.../index.html#a2



Because there stay is solely regulated by Foreign Nationals Act, in particular the stay is based on Art. 42 FNA. Here the link to the English text https://www.admin.ch/opc/de/classifi...index.html#a42
Reply With Quote
  #17  
Old 17.08.2017, 23:39
Senior Member
 
Join Date: Jun 2009
Location: Vaud
Posts: 362
Groaned at 7 Times in 5 Posts
Thanked 347 Times in 164 Posts
chomp has earned the respect of manychomp has earned the respect of manychomp has earned the respect of many
Re: C permit

Quote:
View Post
Thanks for the anwer. that is exactly the Point. if stay here due to marriage with swiss, why not Show Family member? according to the regualtions, it should Show..
A foreigner who resides in Switzerland under an authorisation issued on the basis of marriage to a Swiss citizen and a foreigner who resides in Switzerland under an authorisation issued on the basis of a marriage to an EU/EFTA citizen are two separate cases. The first is solely the subject of the law on foreigners (LEtr) whereas the second is also subject to the ALCP.
Reply With Quote
  #18  
Old 17.08.2017, 23:44
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

Here is law:
Attached Thumbnails
c-permit-20170817_122618.jpg  
Reply With Quote
  #19  
Old 17.08.2017, 23:53
Senior Member
 
Join Date: Jun 2009
Location: Vaud
Posts: 362
Groaned at 7 Times in 5 Posts
Thanked 347 Times in 164 Posts
chomp has earned the respect of manychomp has earned the respect of manychomp has earned the respect of many
Re: C permit

Quote:
View Post
Here is law:
Firstly, that isn't the law. It's a visual explanation of how an authority executes the law.

You are a foreign national who is also not an EU/EFTA citizen and originally received authorisation to live in Switzerland on the basis of being a family relation of an EU/EFTA national, you are therefore a Drittstaatsfamilienangehörige/r. You therefore have the observation "Familienmitglied eines Bürgers der EU/EFTA". So long as the aforementioned details remain correct, your permit will continue to retain this observation. Should you cease to be the family member of such a person, you will simply receive a C permit without that observation.

There is a slight advantage to that observation, in that it could facilitate you taking advantage of the privileges of being the family member of an EU/EFTA national in another country where such persons benefit from facilitated immigration procedures.
Reply With Quote
  #20  
Old 17.08.2017, 23:58
Member
 
Join Date: Jan 2013
Location: Zürich
Posts: 119
Groaned at 20 Times in 7 Posts
Thanked 24 Times in 17 Posts
Lily5469 has become a little unpopularLily5469 has become a little unpopular
Re: C permit

For permit, it is really different for everyone. No common regulations for all
As regulations, family member of Swiss should also show that on c permit. But c permit of my friend not show that. People here answered it is based on foreigner law. Family member of EU then not apply to foreigner law
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Switching from B-permit without working to B-permit self-employed? Wildplanet Permits/visas/government 1 10.11.2016 11:55
Work permit (on paper), but no residence permit yet rettav Permits/visas/government 9 19.01.2014 16:48
Path(s) for non-EU ( India ) Student B permit to C permit ? pritz Permits/visas/government 19 23.12.2012 17:37
Changing permit types: from a D-permit to a (spouse-linked) B-permit will658 Permits/visas/government 5 26.04.2012 23:50
B Permit and Stay / Dependent permit issue timeline by canton Indianguy Permits/visas/government 1 26.06.2009 18:40


All times are GMT +2. The time now is 01:26.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0