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Old 03.09.2020, 18:19
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Should Dependent Spouse request for independent B?

Hi All,

I am requesting your advice on our current Situation.
Since last 4 yrs we stay in CH : 2 yrs L + 2 yrs B Permit
Non-EU - with My B permit and spouse/kids as dependent.

Now since this year my wife is on job on dependent B permit.

Should my wife request her company to file an independent B on her Behalf. From what we hear the company would be open to do it.

Our Questions are:
1. Is this business as usual - happens all the time or something very specific and takes loads of documentation / process?

2. Will her getting a B permit (from another Kanton) be an issue in our stay in current kanton ? because of kids school, my job etc we dont want to move) or would this disrupt the C-Permit/Passport length stays?

3. If I loose my B permit - would I still be eligible to stay on dependent on spouse's B permit and continue same or any other job?

4. Is there any other factor to consider +/- ?

Request you opinion on above - or if someone has encountered it himself/herself.

Many Thanks,
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  #2  
Old 03.09.2020, 18:41
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Re: Should Dependent Spouse request for independent B?

No, because then her company would have to prove they can't find a Swiss/EU national to do the job.

https://www.sem.admin.ch/sem/en/home...zulassung.html
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Old 04.09.2020, 10:34
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Re: Should Dependent Spouse request for independent B?

This is something I have wondered also. I came here in 2014 as a post doc from Canada, so I was on a formation avec activité permit B. My wife joined me in 2015 as a PhD student, got her own formation avec activité permit B. After 3+ years as a postdoc I went to help build a startup company (exactly in my field/training) but instead of giving me my own permit they decided to give me a familial regroupement avec activité. The company is now incorporated with 10 employees and steady funding and I am trying to get my C permit (I've been here 6 years, and as a Canadian I should be able to get it after 5 years if I was working outside the university for 2 years, which I have been). However, I'm worried that because I am on a family regroupement with my wife who is still in formation it will mess it up. The last 2 years I have tried to apply for my own permit but they keep just rubber stamping and sending me a family regroupement.
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Old 04.09.2020, 11:24
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Re: Should Dependent Spouse request for independent B?

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This is something I have wondered also. I came here in 2014 as a post doc from Canada, so I was on a formation avec activité permit B. My wife joined me in 2015 as a PhD student, got her own formation avec activité permit B. After 3+ years as a postdoc I went to help build a startup company (exactly in my field/training) but instead of giving me my own permit they decided to give me a familial regroupement avec activité. The company is now incorporated with 10 employees and steady funding and I am trying to get my C permit (I've been here 6 years, and as a Canadian I should be able to get it after 5 years if I was working outside the university for 2 years, which I have been). However, I'm worried that because I am on a family regroupement with my wife who is still in formation it will mess it up. The last 2 years I have tried to apply for my own permit but they keep just rubber stamping and sending me a family regroupement.
The two year rule post studies to retroactively count study years for C does not necessarily need to be working, it just has to be a “durable” status (quoting the legal text in French, of which family regroupement is one).

The condition sine qua non for the rule to be applied is to have graduated from a Swiss university. Per SEM guidelines “graduated from a Swiss university” means obtaining a Swiss higher education diploma (Bachelor, Master, PhD). Coming to Switzerland only for the Master or PhD also counts as “graduating from a Swiss university” as per SEM directives.

The question in your case is whether a post doc counts as “graduating from a Swiss university”.
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Old 04.09.2020, 11:58
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Re: Should Dependent Spouse request for independent B?

Ch. 6. Art 34. 5

Temporary periods of stay, in particular for education or training (Art. 27), do not count towards the uninterrupted period of stay in the last five years in accordance with paragraphs 2 letter a and 4. Periods of stay for education or training (Art. 27) are included if the person concerned, after their completion, held a permanent residence permit for an uninterrupted period of two years.


https://www.admin.ch/opc/en/classifi...232/index.html


I guess I don't know if my family regroupement will count or not as a "permanent residence permit."

Which to me is a bit annoying, since I arrived on my own permit, not through regroupment, and am highly qualified. I don't know why they put me on the regroupment in the first place. I wasn't joining my wife in Switzerland, she was joining me here.
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Old 04.09.2020, 12:01
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Re: Should Dependent Spouse request for independent B?

If you read my post above yes family regroupement is a durable permit

Now you need to find out whether post doc counts as graduating from a Swiss university. In case it does not (SEM guidelines lead to believe this is the case) then you have to wait for 5 years on a durable permit to apply
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Old 20.09.2020, 22:24
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Re: Should Dependent Spouse request for independent B?

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This is something I have wondered also. I came here in 2014 as a post doc from Canada, so I was on a formation avec activité permit B. My wife joined me in 2015 as a PhD student, got her own formation avec activité permit B. After 3+ years as a postdoc I went to help build a startup company (exactly in my field/training) but instead of giving me my own permit they decided to give me a familial regroupement avec activité. The company is now incorporated with 10 employees and steady funding and I am trying to get my C permit (I've been here 6 years, and as a Canadian I should be able to get it after 5 years if I was working outside the university for 2 years, which I have been). However, I'm worried that because I am on a family regroupement with my wife who is still in formation it will mess it up. The last 2 years I have tried to apply for my own permit but they keep just rubber stamping and sending me a family regroupement.
Hi,

My husband and I have very similar situation about application for C permit. He is here already 10 years, has a German certificate and other required documents, working last 2 years on my B permit, so family reunification (I am PhD and EU citizen, he is non-EU citizen). We will try as well for him that he gets C permit. Please, if you already tried it, let us know how all passed. I keep the fingers crossed.
All the best!
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Old 21.09.2020, 22:33
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Re: Should Dependent Spouse request for independent B?

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Hi,

My husband and I have very similar situation about application for C permit. He is here already 10 years, has a German certificate and other required documents, working last 2 years on my B permit, so family reunification (I am PhD and EU citizen, he is non-EU citizen). We will try as well for him that he gets C permit. Please, if you already tried it, let us know how all passed. I keep the fingers crossed.
All the best!
What were the previous permits / status during the past 10 years of your husband?

Given that your stay as a PhD is temporary, so is his (as your dependent).

As an EU PhD, assuming you work more than 15 hours per week, the moment you obtain a work contract (of more than 12 months) outside of university your PhD years will retroactively count towards C.

For your husband it will depend what his previous stays were but in any case art 34 al 5 cannot be applied so long as you are still on a PhD / student permit
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Old 22.09.2020, 11:45
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Re: Should Dependent Spouse request for independent B?

I have heard this is the case, but I know plenty of PhD students from EU countries who got C permits while doing their PhD studies. They never had jobs after, one got his C so he could just go travel the world for a couple years and be able to come back (put C on hold). I think EU PhD students have no problems getting a C.
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Old 24.09.2020, 14:39
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Re: Should Dependent Spouse request for independent B?

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What were the previous permits / status during the past 10 years of your husband?

Given that your stay as a PhD is temporary, so is his (as your dependent).

As an EU PhD, assuming you work more than 15 hours per week, the moment you obtain a work contract (of more than 12 months) outside of university your PhD years will retroactively count towards C.

For your husband it will depend what his previous stays were but in any case art 34 al 5 cannot be applied so long as you are still on a PhD / student permit
Thanks for the reply. I thought the same. He used to be a student here, so previously he had a student B permit. Still we will try it and lets see...
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Old 15.09.2020, 11:10
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Re: Should Dependent Spouse request for independent B?

Thanks a lot for the replies and most were correct. Took some time till i reached the conclusion - I also had a talk with a professional on this topic, and here is the outcome for this topic should someone like me go searching for this question again

1. There are limited B permits. Since the dependent B allows you to work, the authorities believe this is not impairing you to work in any way, and would not simply gift away another just for our whims.

2. In case the Main B holder looses B permit, then the dependent can still request the authorities for an independent one. A fresh round of permit renewal can happen in such cases.

3. It doesn't matter if the permit is being sought in another canton and not directly eating away from the pool of permits in where the first/main B permit is issued.

Of course, what authorities would decide varies on merits of each case but this is the thumb rule.

Thanks again everyone for their detailed replies. It helped us a lot.
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