Hello everyone

I have a question regarding VINTA for non-EU. I found a job in Basel and will start on 17.09.2018 and my current job contract is going to finish on 31.08.2018.

I have a master degree in Switzerland. When I was a student, I had 2 years B (starting from 2014) and when I started to work first 2 years, I had L (an unlimited contract) and now I have a B permit. So I am going to complete my 5 years in 2019 (B - B - L - L - B).


there is a subchapter in my new contract:

Dauer und Beendigung
Das Vertragsverhältnis endet spätestens mit Vollendung des 65. Lebensjahres
des Mitarbeiters, ohne dass es einer Kündigung bedarf.

term and termination
The contractual relationship ends at the latest at the age of 65.
of the employee without the need for a dismissal.

Considering these information, I have following questions:

1. Will it be counted as an unlimited contract? (logically yes)
2. There will be 17 days gap to start a new job. As I know, continues working is required. Is it problem to start 17 days later?
3. Can I apply VINTA next year in Basel? Because, I am not sure whether my L permit or student B permit will be counted. But I saw somewhere, they are counted in Basel and Geneva.

Thank you in advance.

any idea? or did I ask something wrong?

You need to check the new VINTA law which is coming into force soon, if it's not already in force. For normal C permit applications years spent on an L permit no longer apply iirc, but I'm not sure if it's the same for VINTA.

As for 1 and 2, I can't see them being a problem.

As far as I know it has to be Uninterrupted stay in a canton for 5 years on B permit.

The L permit stay does not count.

The federal law and ordinance on foreigners (AuG/VZAE) state that one must have been in possession of an Aufenthaltsbewilligung (which is a B permit) for 5 uninterrupted years.
In practice some cantons are more lenient and apparently supported in that lenience by federal authorities, because each and every VINTA C permit has to be approved by SEM in Bern (after the canton intends to issue it).

The degree of lenience depends on the canton. Zurich officially counts L permits if they were issued for an unlimited contract (5.1 here). I know that e.g. Schwyz and Schaffhausen don't count any L permits.

For Basel (Basel-Stadt? Basel-Landschaft? I would assume Stadt but those are two different half-cantons) I don't know, you would need to ask the migration authorities unless somebody else on this forum can share that info.

No.
Art. 34.2a AuG, which says that a regular C permit can be sought after 10 years on an L- or B- permit, was not changed in the new law.
Regarding Art. 34.4 governing VINTA C permits, the wording about the time/permit requirements ("uninterrupted stay of 5 years with B premit") stayed unchanged but we know already that it is not applied literally in practice.

Of course, that practice of lenience can change at any time, but it's not governed by any federal law anyway, so I see no reason for it to change upon the entry of the new AIG/VZAE/VINTA into force.

I would like to write a letter for my early C permit application.



The content will be based on why I would like to have a C permit or permanent permant.


Would you suggesst such a letter? And what kind of topics should I mention?



PS: I've collected all required documents but additionally I want to give a personal letter..


Thank you

I've merged your threads so people can see how others replied last year. Good luck with your application.

Your motivation for why you want an early C permit, how you have demonstrated integration, why you like living in switzerland, what you enjoy etc. etc.
it does help.