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Old 09.12.2019, 13:51
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Permit C for non-EU but long term stay and married to Swiss

I am a Non-EU graduated from Swiss Higher education with PhD degree.

Here is my timeline
2011-2018 Master-PhD in my first canton on B permit (7 years)
2018-mid 2019 on L permit (6 months)
mid-2019-now on B permit on my second canton (married to Swiss citizen)


There are two paths to C-permit:

1) If the applicant has lived in Switzerland for at least 10 years on a B or L permit (permits N, F are not taken into account) and if the last 5 years have been spent in the country without any interruption (art. 34 let. a LEI).

-According to this, will I have the right to apply for C permit in 2021 (10 years from first entry to Switzerland)

2) The C permit is automatically granted after 5 years of legal residence in Switzerland to:Spouses of Swiss nationals or holders of C permit as from the date of marriage in Switzerland or the date of entry into Switzerland in the case of marriage abroad;

or

for citizenship:
You must have lived in a stable marriage with your spouse for at least three years, have lived in Switzerland for five years all in all, the last twelve months of which must be without interruption"

-According to this, I will satisfy 5 years residence already maybe but for 3 years of marriage is required.


so, my ultimate question is when is the closest deadline that I should/can apply for a permit change from B to either C or citizenship.

We need this information for our future plannings. Thanks for your replies public or private
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Old 09.12.2019, 13:58
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Re: Permit C for non-EU but long term stay and married to Swiss

#1: 2021

Tom
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Old 09.12.2019, 13:59
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Re: Permit C for non-EU but long term stay and married to Swiss

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#1: 2021

Tom

And for citizenship you now need to have a C permit first afaik.
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Old 09.12.2019, 14:02
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Re: Permit C for non-EU but long term stay and married to Swiss

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And for citizenship you now need to have a C permit first afaik.
Not if married to a Swiss, those who live abroad have no permit of any type but can still become Swiss through marriage.

Tom
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Old 09.12.2019, 14:08
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Re: Permit C for non-EU but long term stay and married to Swiss

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Not if married to a Swiss, those who live abroad have no permit of any type but can still become Swiss through marriage.

Tom
Then what is your idea about the earliest moment to apply for citizenship?
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Old 09.12.2019, 14:16
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Re: Permit C for non-EU but long term stay and married to Swiss

What date did you get married?
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Old 09.12.2019, 14:30
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Re: Permit C for non-EU but long term stay and married to Swiss

mid 2019
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Old 09.12.2019, 14:37
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Re: Permit C for non-EU but long term stay and married to Swiss

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Then what is your idea about the earliest moment to apply for citizenship?
2022.

Tom
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Old 09.12.2019, 14:48
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Re: Permit C for non-EU but long term stay and married to Swiss

just an extra question.. from L permit to B permit (married one), there was around 5-6months of waiting for me for officials to process it (no idea why). Do you think does this hurt anything?
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Old 09.12.2019, 14:53
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Re: Permit C for non-EU but long term stay and married to Swiss

Facilitated based on marriage to a Swiss, while residing in Switzerland: 2022 . Three years of marriage, 5 years of stay in Switzerland, at least one full year at time of application, Spouse must have been Swiss at time of marriage. Art. 21 Citizenship Act
https://www.admin.ch/opc/en/classifi...index.html#a21

Facilitated based on marriage to a Swiss, while residing abroad: 2025. 6 years of marriage, strong ties to Switzerland, spouse must have been Swiss at time of marriage. Art. 21 Citizenship Act

Regular naturalization: 2022. Ten years on B or C, C is a prerequisite, time on L does not count, at least 3 years of stay within the last 5 years, two years without interruption in the same commune (applies to canton ZH. in other cantons it can be up to 5 years in the same commune, or as low as 2 years in the same canton) Art. 9 to 12 and 18 Citizenship Act https://www.admin.ch/opc/en/classifi.../index.html#a9

You can only apply once you are fully eligible. Process can take some months up to two years. Anything less than a year can be considered as fast.
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Old 09.12.2019, 15:03
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Re: Permit C for non-EU but long term stay and married to Swiss

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Facilitated based on marriage to a Swiss, while residing in Switzerland: 2022 . Three years of marriage, 5 years of stay in Switzerland, at least one full year at time of application, Spouse must have been Swiss at time of marriage. Art. 21 Citizenship Act
https://www.admin.ch/opc/en/classifi...index.html#a21

Facilitated based on marriage to a Swiss, while residing abroad: 2025. 6 years of marriage, strong ties to Switzerland, spouse must have been Swiss at time of marriage. Art. 21 Citizenship Act

Regular naturalization: 2022. Ten years on B or C, C is a prerequisite, time on L does not count, at least 3 years of stay within the last 5 years, two years without interruption in the same commune (applies to canton ZH. in other cantons it can be up to 5 years in the same commune, or as low as 2 years in the same canton) Art. 9 to 12 and 18 Citizenship Act https://www.admin.ch/opc/en/classifi.../index.html#a9

You can only apply once you are fully eligible. Process can take some months up to two years. Anything less than a year can be considered as fast.

thanks for your detailed answer, just to clarify

1) my years before marriage counts for 5 years of residency requirement?

2) sooo in 2022, should I do first C application and following that a citizenship application(because C is required)?

3) L permit does not count??
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Old 09.12.2019, 15:05
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Re: Permit C for non-EU but long term stay and married to Swiss

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just an extra question.. from L permit to B permit (married one), there was around 5-6months of waiting for me for officials to process it (no idea why). Do you think does this hurt anything?
Regular C, needs 5 uninterrupted years on permit B.

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#1: 2021
I doubt that aceofdiamonds will get C before 2021.
When did you finish your PhD. Did you find work?
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Old 09.12.2019, 15:10
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Re: Permit C for non-EU but long term stay and married to Swiss

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1) my years before marriage counts for 5 years of residency requirement?
Yes. How else would 3 years of marriage and 5 years of stay make any sense?

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2) sooo in 2022, should I do first C application and following that a citizenship application(because C is required)?
Depends if you want to go the regular route or the facilitated route. No need for C if you go the facilitated route. If you go facilitated route you will get the citizenship of your Swiss spouse, this route can be faster. If you go the regular route you will get the citizenship of your commune of residence, this route can take more time and is more cumbersome.

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3) L permit does not count??
Yes it does not count for citizenship, that is the law. It might count for permit C, that is another law.
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Old 09.12.2019, 15:21
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Re: Permit C for non-EU but long term stay and married to Swiss

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Regular C, needs 5 uninterrupted years on permit B.



I doubt that aceofdiamonds will get C before 2021.
When did you finish your PhD. Did you find work?
-so, you are saying I need 5 years (on B permit) from now on for a regular C?

-PhD finished in 2018, work starting in January 2020 but why asking?
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Old 09.12.2019, 15:32
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Re: Permit C for non-EU but long term stay and married to Swiss

anyone knows if L permit counts towards C permit?
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Old 18.12.2019, 18:41
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Re: Permit C for non-EU but long term stay and married to Swiss

Wait until mid-2022 and go straight for citizenship through simplified naturalization.
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Old 18.12.2019, 18:51
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Re: Permit C for non-EU but long term stay and married to Swiss

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anyone knows if L permit counts towards C permit?
Yes. For early C only in some limited circumstances. For regular C you need at least five years on B.
For details see Art. 34 FNIA https://www.admin.ch/opc/de/classifi...index.html#a34
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Old 18.12.2019, 18:58
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Re: Permit C for non-EU but long term stay and married to Swiss

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-PhD finished in 2018, work starting in January 2020 but why asking?
If I am not mistaken it is better to have no gap or no more than 6 month between graduation and starting of work.
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