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Old 10.08.2020, 18:51
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Pathway Carte de légitimation to C permit

Hi everybody this is my first post so I hope I’m doing this right.
My question today was about any pathways I can have to obtain a C permit in Switzerland (French section)
A little bit of backstory :

I’m a non-EU 16 year old who is currently holding a légitimation card. I arrived in Switzerland at the age of 9 and have been attending Swiss schools ever since. My French is almost as good as my primary language. I was hoping on obtaining Swiss nationality a few years ago but unfortunately they changed the law in 2018 so that only C permit holders can apply for naturalisation ( I am aware that my years have still not been completed by that time). However, CDL holders aren’t eligible to apply for C permit except in my specific case being a child of the principal CDL holder (one of my parents). The law says children can obtain C permit after 12 years of residency and must be at least 21 years old. However, I am not sure I will be holding on to this légitimation card for the next 5 years due to one of my parents changing regions for his international functions. What should I do? What permits should I be placed on? I am very keen on attending university here and would very much like to get my C permit instead of going through job searching with the B permit hassle.

You might think I’m a bit young to worry but I am very curious and any help would be great.
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Old 10.08.2020, 19:51
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Re: Pathway Carte de légitimation to C permit

If that's what the law says then I don't see any other way you can do it except the usual route - get a job with a B permit then apply for an early C after 5 years assuming you can meet the criteria. Or become a student - which again gets you a B permit - but not sure how soon you could apply for a C. Would probably need to finish university and then have a job for a few years to qualify.
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Old 10.08.2020, 23:56
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Re: Pathway Carte de légitimation to C permit

Yeah I see. Perhaps being on a student B permit is wise but I’m not sos it’s if my years wills be counted. I read somewhere that you must have been in a work B permit for 2 years to get your student years counted. However, it is very difficult for a Non-Eu citizen to receive employment in Switzerland. It would have been nice to get a C permit before I graduated. Thanks
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Old 10.08.2020, 23:57
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Re: Pathway Carte de légitimation to C permit

Not so sure if my student years will be counted**
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Old 11.08.2020, 00:24
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Re: Pathway Carte de légitimation to C permit

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However, it is very difficult for a Non-Eu citizen to receive employment in Switzerland.
True. But if you graduate from a Swiss Uni, you are treated equally to a Swiss citizen for 6 months after graduation regards job hiring.
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Old 11.08.2020, 01:35
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Re: Pathway Carte de légitimation to C permit

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True. But if you graduate from a Swiss Uni, you are treated equally to a Swiss citizen for 6 months after graduation regards job hiring.
Employers are still not very inclined to hire most non-EU graduates, because of the way the cantonal authorities interpret the Nierynck initiative as it was written into law.
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Old 11.08.2020, 06:39
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Re: Pathway Carte de légitimation to C permit

Well, if the main CdL holder is moving then his dependents are probably going to have to move as well. In the same way as other dependent permits work, if the main holder loses their permit then so do the dependents. You will have no options except to move, become a student here or find a job if you want to stay in Switzerland. Does your other parent also have a CdL or do they have a Swiss permit?

Even if you do have the CdL for the next few years until you're 21 I think you'd still need to have a job here to be able to get a C and you'd still be subject to the non-EU hiring criteria wouldn't you?
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Old 11.08.2020, 09:21
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Re: Pathway Carte de légitimation to C permit

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able to get a C and you'd still be subject to the non-EU hiring criteria wouldn't you?
No. NO, NO, NO. Some one who has C or a Ci is in the very same boat as a Swiss regarding job application. Art. 21 FNIA https://www.admin.ch/opc/fr/classifi...index.html#a21

Please Medea, you are a very helpful contributor. But very so often you make big blunders and forget the very basics. Like the above example.

Please take the time and make a list of the most important bullet points. Or do as I do and actually look it up in the law, ordinance, and SEM Guidelines before you submit the post. That is whey there are links in my post, because I looked it up and cross checked if the law has not changed and if I remember it correctly.

Here a list of links which you should bookmark and use as reference (Link to French version, language can be changed as needed. Not all is available in English):

Loi fédérale sur les étrangers et l’intégration (LEI) https://www.admin.ch/opc/fr/classifi...232/index.html

Ordonnance relative à l’admission, au séjour et à l’exercice d’une activité lucrative (OASA)
https://www.admin.ch/opc/fr/classifi...993/index.html

Ordonnance sur l’Etat hôte (OLEH)
https://www.admin.ch/opc/fr/classifi...457/index.html

The SEM Guidelines on admission of foreigners
https://www.sem.admin.ch/sem/fr/home...rundlagen.html

The SEM Handbook on nationality
https://www.sem.admin.ch/sem/fr/home...rgerrecht.html

All the other "Droit de cité. Etablissement. Séjour" laws and ordinances
https://www.admin.ch/opc/fr/classifi...lation/14.html
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Old 11.08.2020, 09:42
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Re: Pathway Carte de légitimation to C permit

Guess I didn't make myself clear. I know perfectly well that a C permit holder is exactly the same as a Swiss national when it comes to being hired. What I was saying (or not it seems) is that he'd have to get a job - which would likely fall under the non-EU hiring criteria - and get a B permit before he'd be able to apply for a C a few years after that. Which is basically what I said in my first post.

Thanks for the links though; those I don't already have I'll add to my list of useful info.
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Old 11.08.2020, 10:58
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Re: Pathway Carte de légitimation to C permit

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I know perfectly well that a C permit holder is exactly the same as a Swiss national when it comes to being hired. What I was saying (or not it seems) is that he'd have to get a job - which would likely fall under the non-EU hiring criteria - and get a B permit before he'd be able to apply for a C a few years after that.
To get a job he would need Ci, Ci is like C, with this he can become financially independent and move out of the parents home. And than he can get his independent B/C.

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The law says children can obtain C permit after 12 years of residency and must be at least 21 years old.
10 years of uninterrupted stays are enough. Otherwise it is twelve years total and 5 years of uninterrupted stay. For some nationals just five years of stay is enough (I think those are the same as for regular B to C after 5 years, the non-EU/EFTA countries would be Andorra, Monaco, San Marino, Vatican, Canada, and the USA)

But I am not sure your interpretation is correct. I read the SEM guidelines as:
- With 21 years you have a right to an independent B or C.
- With 18 years you have a right to an indepentend B or C if you are financially independent or have your own family.
But it also looks like you have a right to a C as soon you meet the minimum stay criteria regardless of age.

With this you would be eligible for C at age of 19 even if your are at university.

I would contact the Section privileges and immunities https://www.eda.admin.ch/eda/en/fdfa...-facilite.html AND the SEM https://www.sem.admin.ch/sem/fr/home...s/kontakt.html how chapter 7.2.6.2 of the SEM Guidelines are interpreted . https://www.sem.admin.ch/sem/fr/home...erbereich.html
Ask them directly if you have a right for permit C after 10 years of stay and what other conditions must be met.
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Old 11.08.2020, 16:44
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Re: Pathway Carte de légitimation to C permit

In chapter 7.2.6.2 for “enfants” it says the minimum age should be 21 and 12 years of residency is required. It also says the child could get a B before that time if he is starting a family or is financially independent. However I don’t think I’ll have an actual job as such when I’m at uni at the age of 19. Do I have to get a B permit before applying for C in this case because not much is said about it. But the thing is I’m not sure if I change to a student B permit when I’m off to uni if the years are still being counted.
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Old 11.08.2020, 18:05
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Re: Pathway Carte de légitimation to C permit

As said: Ask the relevant authorities. Nothing to lose and much to gain in a more favorable answer than you have expected.
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