English Forum Switzerland

English Forum Switzerland (https://www.englishforum.ch/forum.php)
-   Permits/visas/government (https://www.englishforum.ch/permits-visas-government/)
-   -   Dual National: Brexit? (https://www.englishforum.ch/permits-visas-government/298398-dual-national-brexit.html)

Spinal 02.06.2020 13:22

Dual National: Brexit?
 
A question that I doubt has a concrete answer, so looking for opinions.

I have a few nationalities, and a few years ago, when I registered in Switzerland, did so with my British passport and got an EU B-permit.

Fast forward a few years, and soon I should be able to apply for my C-permit (under the 5-year rule).

That said, by then (in about 14 months), the UK will no longer be part of the EU. I thought I could change the nationality on my permit with another (EU) one, so emailed SEM...

Their response:
Quote:

Please contact the competent cantonal authority if you wish to change your nationality from UK to <country2> for your permit. They will have to issue a new authorisation for you.
So, now my thoughts:

- Will issuing a new authorisation "reset" my 5 year counter?
- Is it worth doing? The Canadians and Americans seem to also have a 5-year waiver, so one could hope that the UK will have a similar setup in future?
- Even if British-non-EU, I could apply to the early C-permit, and include a letter stating that I'm still an EU citizen...

Thoughts?
M

Island Monkey 02.06.2020 13:27

Re: Dual National: Brexit?
 
What nationalities?

If EU, then you can just go to your gemeinde and change your nationality to your other EU one. If they are non-EU, then no way!! Your employer would probably have to go through the whole non-EU process, where as Brits already resident here have been promised that their status will remained unchanged after brexit.

Medea Fleecestealer 02.06.2020 14:12

Re: Dual National: Brexit?
 
Why would it reset the counter? It's on time spent as a resident in Switzerland, no matter what your nationality is. 5 years is 5 years whether you spend 3 as a Brit and 2 as some other EU nationality.

aSwissInTheUS 02.06.2020 14:13

Re: Dual National: Brexit?
 
EU nationals do not have a preferred treatment for early C after 5 years. The treaties between Switzerland and the EU do not handle this subject. All are in the same boat save a few special countries with a treaty and agreement or only a treaty with Switzerland which are coincidentally often also EU members. The true reason is that most of this countries are western European countries and most western European countries are EU members.

If you claim early C based on one of the treaty and agreement nations which are BE, DE, DK, FR, GR, IT, LI, NL, AT, PL, and SP you must have had this nationality for at least 5 years of stay. Those and only those nationalities have a right to get C after five years.
(Section 3.5.2.1 in the SEM handbooks https://www.sem.admin.ch/sem/de/home...erbereich.html )

Same goes for the soft claimable ones based on a treaty only which are AD, UK, IE, IS, CA, LU, MC, NO, SM, SE, VA, and US. In that case you can apply for C after 5 years but must only fulfill the regular requirements.

Any other nationality has to request early C through VINTA/good integration with more stringent language requirements.

Nothing changes for UK nationals regarding early C you are allready in the same boat as Canadaians and US Americans. Same procedure pre and post Brexit. You would only gain a slight advantage if you have also a nationality of the first mentioned list as they are relived of the language requirements.

NotAllThere 02.06.2020 15:59

Re: Dual National: Brexit?
 
Quote:

Originally Posted by aSwissInTheUS (Post 3187291)
Nothing changes for UK nationals regarding early C you are already in the same boat as Canadians and US Americans. Same procedure pre and post Brexit.

Sure about that? All the British people I know, including myself and my family got C permits after 5 years, as expected. I've never heard of British person having to wait longer - it was automatic.

Spinal 02.06.2020 16:11

Re: Dual National: Brexit?
 
Quote:

Originally Posted by aSwissInTheUS (Post 3187291)
If you claim early C based on one of the treaty and agreement nations which are BE, DE, DK, FR, GR, IT, LI, NL, AT, PL, and SP you must have had this nationality for at least 5 years of stay. Those and only those nationalities have a right to get C after five years.
(Section 3.5.2.1 in the SEM handbooks https://www.sem.admin.ch/sem/de/home...erbereich.html )

Same goes for the soft claimable ones based on a treaty only which are AD, UK, IE, IS, CA, LU, MC, NO, SM, SE, VA, and US. In that case you can apply for C after 5 years but must only fulfill the regular requirements.

Thanks!

So I have at least one of the list with a treaty (Italy), and another EU nation.... the Italian one I've had a LONG time (since I was born :p )... So it seems like based on that it would make sense to "change" my B permit to reflect being an Italian citizen instead of British...

Will pass by the gemeinde on Thursday and see :)

DUTCH 02.06.2020 16:47

Re: Dual National: Brexit?
 
Quote:

Originally Posted by NotAllThere (Post 3187327)
Sure about that? All the British people I know, including myself and my family got C permits after 5 years, as expected. I've never heard of British person having to wait longer - it was automatic.


I think aSitUS is referring to UK situation where UK citizens had to satisfy the language requirement like non-EU applicants to get C, while for citzens of his 1st list (e.g. DE or NL) there was no language requirement.

NotAllThere 02.06.2020 17:03

Re: Dual National: Brexit?
 
Quote:

Originally Posted by DUTCH (Post 3187337)
I think aSitUS is referring to UK situation where UK citizens had to satisfy the language requirement like non-EU applicants to get C, while for citzens of his 1st list (e.g. DE or NL) there was no language requirement.

Oh, OK, that makes sense. Most of the people I know got them before that requirement came in.

Island Monkey 02.06.2020 17:49

Re: Dual National: Brexit?
 
Quote:

Originally Posted by Spinal (Post 3187330)
Thanks!

So I have at least one of the list with a treaty (Italy), and another EU nation.... the Italian one I've had a LONG time (since I was born :p )... So it seems like based on that it would make sense to "change" my B permit to reflect being an Italian citizen instead of British...

Will pass by the gemeinde on Thursday and see :)

Hell yeah, change to being Italian. Far better to have an EU citizenship on your permit especially one not required to take the C permit language tests.

NotAllThere 02.06.2020 20:23

Re: Dual National: Brexit?
 
Quote:

Originally Posted by Island Monkey (Post 3187376)
Hell yeah, change to being Italian. Far better to have an EU citizenship on your permit especially one not required to take the C permit language tests.

Done it. Not that hard. I even found it useful.


All times are GMT +2. The time now is 23:47.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0