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Old 08.03.2020, 05:54
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cancellation of B permit

Hi Dear Readers,

Unfortunately, we need to leave the beautiful country, Switzerland. Our family members are complex, partner I who is an Irish passport holder (the main B permit holder); partner II who holds Hong Kong passport (mother of two from a previous marriage); Two children (16 & 17 years) holding french passports. Currently we ALL have B permit via working permit of Partner I. (working permits + family reunion for the Partner II & her children). Partner I & Partner II are unmarried but in a long-term relationship.

Now Partner I & Partner II need to leave the country and would like to cancel B permit due to a new job overseas (the employer is from overseas so in this case, during the process of the original permit application, the Service de la Population has treated him as self-employed application). Children are currently living at boarding-school (canton vaud).

1) How to retain the kid's B permits? We prefer cancel B permit of Partner I&II and immigration could automatically transfer the 'holder' of the B permits of the children to the school - as currently the kids application is dependent upon the B Permit of Partner I (being an EU passport holder employed in Switzerland) - or we need to ask school to re-submit any application?

2) Any possibility to keep our B-permits even if we leave the country? This would make everything simpler on kids part - but seems risky on Partner I & II part.

Any advice would be gratefully received
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  #2  
Old 08.03.2020, 06:42
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Re: cancellation of B permit

The B-Permit of Partner I is dependent upon Partner I's ability to support him/herself.
The B-Permit of Partner II is dependent upon Partner I's B-Permit.
The B-Permit of each child is dependent upon Partner I's permit and upon Partner II's parental authority.

If Partner I leaves Switzerland, the B-Permit of Partner I ceases.
If Partner I leaves Switzerland, the basis of Partner II's B-Permit is over, and therefore Partner II's B-Permit ceases, too.
If Partner II leaves Switzerland, the basis of the children's B-Permit is over, and therefore their B-Permits cease, too, immediately.

I do not think that you can have your B-Permit suspended temporarily, nor its validity continued, if you leave Switzerland. Not for Partner I and not for Partner II.

Moreover, the children, as long as they are aged under 18, must be domiciled with their parent(s), or with some other adult to whom the parents have entrusted their care, by a formal document. The school does not fulfil the role of domicile, nor parental authority, nor permit-holder.

It seems to me that if Partner I and Partner II are both leaving, then they will need to establish the children's new legal domicile in the country to which they are going. The children will move the centre-point of their lives, and their legal domicile, with the adults. This means that the adults should move only to a country in which the children's citizenships and the legal arrangements for the parental control are acknowledged.

If the children then continue to attend the same school, then they will be considered as visitors from the new country of domicile of the adults, into Switzerland. Even so, for them to be allowed to do this, you may need to apply for a special dispensation.

This may be possible depending upon the ages of the children, how close they are to completing their schooling, their individual circumstances and developmental needs, the arrangements for other adults (outside of the school) to be legally responsible for them during school holidays, and the availability of proper schooling in the country to which the parents are leaving, etc.
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Old 08.03.2020, 06:52
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Re: cancellation of B permit

If there is a solution, along the lines that you hope, then it may lie somewhere in this aspect, of being self-employed.
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Now Partner I & Partner II need to leave the country and would like to cancel B permit due to a new job overseas (the employer is from overseas so in this case, during the process of the original permit application, the Service de la Population has treated him as self-employed application). Children are currently living at boarding-school (canton vaud).
Is there any way that the whole family could continue to stay in Switzerland, and have the centrepoint of life here? Could Partner I (EU), being self-employed, send him/herself out on projects abroad, returning home to Switzerland (centrepoint of life, since Partner II and children live here), in-between?

That would be a way to keep everyone's domicile and permits in Switzerland, although you'd have to check about number of days in and out of the country. I hope someone else, who knows more about this, will comment.
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Old 08.03.2020, 06:56
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Re: cancellation of B permit

Just change children’s permits to student Bs, very common in Vaud between boarding school kids. Agree with doropfiz would not be possible if attending a local school but possible if attending a private fee-paying boarding school and have equivalent of Swiss health insurance or European health insurance card for exemption.
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Old 08.03.2020, 07:42
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Re: cancellation of B permit

Loads of kids come to boarding school here and therefore have permits independent of their parents. You’ll just have to do the paperwork and switch it over!
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Old 08.03.2020, 07:49
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Re: cancellation of B permit

Oh? Well, I've learnt something new, here. I stand corrected.

Does this mean the children have their own B-Permits quite independent of their parents' domiciles, just like that, no questions asked? And who, then, is responsible for the children if they are outside the boarding-school, such as for school holidays?
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Old 08.03.2020, 07:59
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Re: cancellation of B permit

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Oh? Well, I've learnt something new, here. I stand corrected.

Does this mean the children have their own B-Permits quite independent of their parents' domiciles, just like that, no questions asked? And who, then, is responsible for the children if they are outside the boarding-school, such as for school holidays?
During school holidays they generally travel home, or sometime stay at school or stay with friends in Europe if they are from far away and don’t want to fly back for a short time... although boarding school holidays are normally long!
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Old 08.03.2020, 09:04
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Re: cancellation of B permit

I meant who is legally responsible for them? Who holds the equivalent of "parental authority" while they are here in Switzerland but their parents are not? For example, if a signature is needed for consent to an operation, or for an excursion, or if they get into trouble with the police, or to decide with whom they may stay over holidays? Does the school take on all this authority?
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Old 08.03.2020, 09:10
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Re: cancellation of B permit

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I meant who is legally responsible for them? Who holds the equivalent of "parental authority" while they are here in Switzerland but their parents are not? For example, if a signature is needed for consent to an operation, or for an excursion, or if they get into trouble with the police, or to decide with whom they may stay over holidays? Does the school take on all this authority?
The school are responsible for them when they are in school, the parents are responsible for what they do in the holidays. I assume the Swiss and the schools expect the parents to sort the kids out during holidays without being “micro-managed”. My niece and nephew take themselves to the airport and fly back to Australia!
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Old 08.03.2020, 21:58
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Re: cancellation of B permit

Remember that kid years towards citizenship count DOUBLE, so it is that much closer for them
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Old 09.03.2020, 01:54
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Re: cancellation of B permit

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Remember that kid years towards citizenship count DOUBLE, so it is that much closer for them
Not if they are in private boarding school, I think.
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Old 09.03.2020, 07:42
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Re: cancellation of B permit

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Not if they are in private boarding school, I think.
They do count as they are on a valid student B permit. In any case a C permit is required now to become naturalized which involves having a durable non-student B permit beforehand.
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