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Old 17.08.2020, 20:32
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Difference between Early Non-EU C Permit and Marriage C- Permit.

I'll be eligible for both at the same time (currently married to a Swiss). Since I foresee a separation in the near to mid future after I would get my C permit (she doesn't seem to want me anymore), some people on this forum suggested me to apply for an early C permit instead of a marriage based one.

Is there a difference in how these two permits are approved by the authorities or in the rights you get once you have them?

I read through the forum that one gives you free mobility, the other one doesn't, for example.

Anyway, I'd love to hear the experience of somebody that applied for an early C permit WHILE BEING eligible already for a marriage based C.
.
Does that make sense at all to the authorities?

It's important to mention that I fulfill the "technical" requirements for both.

Thanks in advance for your kind responses.
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Old 19.10.2020, 23:06
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

Anyone? :-)
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Old 20.10.2020, 06:50
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

Once you have a C permit it doesn't matter how you got it.

Still if you foresee a breakup of your marriage down the line I would apply for an early C. That way there can be no one saying you only waited to get the C via marriage before separating, not that that has any bearing on your right to stay after a divorce.

https://www.ch.ch/en/right-to-reside...th-or-divorce/
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Old 20.10.2020, 07:57
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

There is no difference between applying for an 'early C' or 'marriage based C' and you cannot choose how you wish to apply for it.

You are here on a B permit as a foreign spouse of a Swiss citizen. The only way to change this is to divorce and obtain an independent permit of your own.

As long as you are still married to your Swiss spouse, cantonal migration authorities will automatically consider you for a C permit after 5 years of continuous stay and must issue you one if you fulfill the requirements (of which being happily married and living together with your spouse for the long-term is one) and you may not refuse it for personal convenience reasons.
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Old 20.10.2020, 13:00
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

Not sure if it matters. I have a friend who got a marriage based C after 5 years (non-EU married to EU) a year after they were legally divorced.
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Old 20.10.2020, 13:04
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

Thanks. I deduce then that his marriage based C Permit was not questioned at all after divorce and he just went on with his life in CH, correct?
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Old 20.10.2020, 13:10
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

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Not sure if it matters. I have a friend who got a marriage based C after 5 years (non-EU married to EU) a year after they were legally divorced.
There is no such thing as a 'marriage based' C permit.

There is only a special clause for spouses of Swiss citizens to be automatically considered for a C permit after 5 years (if the conditions for a C are fulfilled).

In the the case you mention, being married to an EU citizen has no incidence in their granting of a C permit. The non-EU person in question obtained an early C permit after 5 years through good integration and following their divorce (and subsequent independent permit), just as any other non-EU.
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Old 20.10.2020, 14:02
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

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Thanks. I deduce then that his marriage based C Permit was not questioned at all after divorce and he just went on with his life in CH, correct?
No, it was questioned for sure, they were called in by the police to prove their marriage hadn't been fake. He was made to sign a paper saying he wasn't entitled to a family regroupement permit. They made him prove his financial situation (because he wasn't full time employed anywhere and was pulling in about 2K a month freelance work). He wasn't asked for a french test (this was this year). In the end he got a C permit which says:

Aut. d'establissment (C)
Membre de la famille d'un citoyen UE/AELE.
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Old 20.10.2020, 14:10
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Re: Difference between Early Non-EU C Permit and Marriage C- Permit.

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There is no such thing as a 'marriage based' C permit.

There is only a special clause for spouses of Swiss citizens to be automatically considered for a C permit after 5 years (if the conditions for a C are fulfilled).
[...]
he non-EU person in question obtained an early C permit after 5 years through good integration and following th
Wrong. There is als a clause for people married to people with permit C.
Art 43 Abs. 5 FNIA

Permit C after 5 years and good integration is Art. 34 Abs. 4 FNIA

But most important: Not matter how you got the permit C it is always awarded "unconditional" and it can not be revoked unless there a good reason such as criminal activity, long term dependence on social aid, total lack of integration and disrespect of the constitution.

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Aut. d'establissment (C)
Membre de la famille d'un citoyen UE/AELE.
The last part is not relevant for Switzerland but for EU countries as family members of EU nationals have certain special rights in the EU.
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