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  #21  
Old 23.01.2019, 10:23
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Re: Permit B Expiry / Acquiring Permit C

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My husband with British passport in Vaud got C permit after 5 years. He received the form to fill up and there was a box to cross saying something like cross here if you want to get permit C.
Exactly. This is a request for an early Permit C.
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  #22  
Old 23.01.2019, 11:10
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Re: Permit B Expiry / Acquiring Permit C

1) The Swiss have been tightening the screws lately.
2) Brexit effect is uncertain.
3) Do not go to the Gemeinde with these q's since they are not the ones processing the request and may not be up to date

=> the replies of EF members whose experience dates back to pre-2019 era may or may not be relevant
=> go to the Migration Office - they should be more helpful than EF
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  #23  
Old 23.01.2019, 21:42
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Re: Permit B Expiry / Acquiring Permit C

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I'll let ya'll know what will happen when I get the form in June for Kt. Solothurn. Depending on Brexit I may be covered under freedom of movement or May already be screwed by May and be under this new bilateral agreement.

I'll nip off to the Geminde to see what they think but probably just need to wait.
You've been here long enough to apply for a C already, haven't you? If so then just apply now. There's no rule you have to wait for a permit renewal to make the request.
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  #24  
Old 20.02.2019, 20:34
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Re: Permit B Expiry / Acquiring Permit C

A little update

Finally got a call from the local Gemeinde, asking me to come pick up our brand new permits. OH and kids got a C permit, but surprisingly I got another B! I asked the local guy, if this was because of Brexit , but he didn’t have the faintest idea.
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  #25  
Old 20.02.2019, 21:06
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Re: Permit B Expiry / Acquiring Permit C

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he didn’t have the faintest idea.
He wouldn't as they don't decide what you get, they only send on the request.
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  #26  
Old 22.02.2019, 20:32
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Re: Permit B Expiry / Acquiring Permit C

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Depending on Brexit I may be covered under freedom of movement or May already be screwed by May and be under this new bilateral agreement.

No comment on brexit... I get asked about it enough by the Swiss, but regarding the agreement:


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For the purposes of determining eligibility for permanent residence status under national law, the Parties shall not require Swiss nationals or United Kingdom nationals who fall under Article 10(1)(a), (b) or (e), (2) or (3) of this Agreement to have resided legally for a continuous period of more than 5 years.

In other words the brexit agreement still gives us a better deal than most third country nationals, who need to renew their B permits annually for 10 years, for those of us already here. I agree with the other posts, I believe as well there is no automatic right to a C permit and this agreement does not change that for British Citizens, it merely means we can ask after 5 years, but the SEM can refuse.



Regarding the changes to access to a permit, technically the LEI (La Loi sur les étrangers et l'intégration) changed on the 1st January 2019. The changed text in French is here. In particular, art 62 says:


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L’étranger est tenu de prouver qu’il possède des connaissances orales de la langue nationale parlée au lieu de domicile équivalant au moins au niveau B1 du cadre de référence et des compétences écrites du niveau A1 au minimum.



There's a federal agency (or maybe company, didn't look too hard) responsible for certifying languages using a "language passport".



From everything I have read, there are two cases:
  • For some nationalities, there is a language exemption (couldn't find it this evening, but I think it's that list from the Migrationsamt Zürich).
  • For everyone else, the language passport will need to be completed.
I am also in the process of applying for a C permit (applied this month) and I was told by the commune/gemeinde that the process would take around 6-8 months. I have a letter (attestation de domicile) to cover me for the period beyond the expiry of my B permit. I am fully expecting that the process will require an extrait du caiser judiciaire and further evidence of my employment as well as the language letter.


In my case I filled in a form "avis de fin de validité" (found the forms on the Kanton Bern website here). I was asked if I wanted to apply for a permis C and if so to put in the rémarques "demande d'un permis C".



That law also provides for "rétrogradation": the downgrading of a C permit to a B permit for existing holders who are insufficiently integrated. I don't know how they will handle this, but I am guessing they'll use the renewal of C permits as an opportunity. The newspaper articles are correctly reporting on the law - how strictly it is implemented is another matter.



I think that previous experiences prior to 2019 might not reflect the process going forward. I'll try to remember I posted here and update this when I find out what I'm required to do. My application is entirely in 2019, and I am British.
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  #27  
Old 22.02.2019, 22:07
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Re: Permit B Expiry / Acquiring Permit C

Following up from my previous post I found an update from the canton de vaud, in which it explicitly states:
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Cette nouvelle exigence ne s’applique pas aux ressortissants d’Allemagne, d’Autriche, de Belgique, du Danemark, d’Espagne, de France, de Grèce, d'Italie, de la Principauté du Liechtenstein, des Pays-Bas et du Portugal qui bénéficient d’un accord d’établissement entre ces Etats et la Suisse.
So there you have it. If you are German, Austrian, Belgian, Danish, Spanish, French, Greek, Italian, Dutch, Portuguese or Liechtensteiner, you are exempt from the requirement to prove language skills. For everyone else, there will be a test.
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  #28  
Old 01.03.2019, 16:20
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Re: Permit B Expiry / Acquiring Permit C

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So there you have it. If you are German, Austrian, Belgian, Danish, Spanish, French, Greek, Italian, Dutch, Portuguese or Liechtensteiner, you are exempt from the requirement to prove language skills. For everyone else, there will be a test.
It’s a shame I have not been reading EF as religiously as I used to! I could have sent them a language certificate when I sent out our application! Bizarrely none was requested from the Migrationsamt; even though they wrote to us twice (after we submitted our renewal forms).

So my advice to anyone wishing to obtain an early C permit, do include a language certificate or an attendance certificate, even if it is not requested in the first instance. All our communications with the Migrationsamt and our gemeinde were in German (spoken and written), but it seems that that was not sufficient.
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  #29  
Old 01.03.2019, 22:46
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Re: Permit B Expiry / Acquiring Permit C

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It’s a shame I have not been reading EF as religiously as I used to! I could have sent them a language certificate when I sent out our application! Bizarrely none was requested from the Migrationsamt; even though they wrote to us twice (after we submitted our renewal forms).

So my advice to anyone wishing to obtain an early C permit, do include a language certificate or an attendance certificate, even if it is not requested in the first instance. All our communications with the Migrationsamt and our gemeinde were in German (spoken and written), but it seems that that was not sufficient.
As far as I know, there's no reason why you couldn't reapply now with your language certificate. But as you're in Zurich, make sure it is from one of the approved schools, not just an attendance record from Migros (for example).

And you should read EF more often! We've listed the requirements for ZH, including the language schools, many times!
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  #30  
Old 24.05.2019, 21:16
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Re: Permit B Expiry / Acquiring Permit C

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Be aware that in Zurich and other cantons where the gemeinde tax rates are different there could be a tax disadvantage (or advatnage) to going on a C.
I'm still not really sure otherwise what advantages a C brings over a B.


In Basel I received a form but it didn't say it was for B renewal or C application, just to fill it out. I took it and some other documents to the immigration office, they took the form and my money, didn't look at any of the other documents and I got a C a couple of weeks later.
Update. About a month ago got my letter from the geminde to get a new B. Went over there and asked for a C. She said "no problem" and wrote that on the application. I then got another application form from migrationsamt solothurn, like a 1 page form where they also asked for my english language proof (A2 I think it was, I have B1).

A couple of weeks afterwards I get a letter saying that I am getting my C and the cost is 106 CHF. To think of what I had to go through to jump through the different tiers in the UK, and the UK is a ing disgrace.

Fear not brits, you're not getting kicked out yet.
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