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-   -   Permit B renewal after it expires for non EU (https://www.englishforum.ch/permits-visas-government/300323-permit-b-renewal-after-expires-non-eu.html)

FlyingSunny 24.09.2020 12:30

Permit B renewal after it expires for non EU
 
I spent some time trying to find the relevant information in this forum and couldn't find (pls let me know if any). I contacted the company that my husband's employer hired to help us relocate to Switzerland. They don't seem to have seen such a case as mine.

Does anyone know what will happen if I go to the authority and renew my permit B after it expires?

Both of us are US citizens and moved to Crissier, Vaud in November 2019. Our B permits are expiring in a few months (have not received a renewal notification, though). My husband is the primary permit B holder and I am a family reunion permit B holder. I am stalled trying to sell our house in the US, which is estimated to take another couple of months per my realtor.

I guess my husband can apply for his renewal without any issues - but now I would like to make an informed decision on my permit as I am planning on getting a job with the permit in Switzerland once all is clear in the US.

I would go back to Switzerland and come back to US if there were not health risks and quarantine requirements.

Thank you for your advice in advance!

Island Monkey 24.09.2020 12:46

Re: Permit B renewal after it expires for non EU
 
You need to renew it. If you are staying in the US can your husband do the paperwork? You could courier the physical permit if they need it. Get him to ask. Be aware, you can only be outside of Switzerland for 6 months, before permit becomes invalid.

FlyingSunny 26.09.2020 17:22

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by Island Monkey (Post 3220240)
You need to renew it. If you are staying in the US can your husband do the paperwork? You could courier the physical permit if they need it. Get him to ask. Be aware, you can only be outside of Switzerland for 6 months, before permit becomes invalid.

I spent several minutes trying to find a Thank button and figured I don't have a button...not allowed to thank ;-(.

I was not aware of the 6-month regulation and looked up the information in the forum. It looks like I'd better come back to Switzerland (just booked my flight flying back next week) and then resume the property sales in the US at a later time.

How do you count the 6 months in that context? Some postings say it is not by a calendar year, rather 6 months in a 12-month period. 6 months in any consecutive 12-month period covering those 6 months? In my case, I have been away for 5 months (May 2020 ~ present) since I received my permit in Nov 2019. I guess I am allowed to be away for only one month till May 2021. Do I get this right?

I am aware of the 183-day rule for tax home purposes - I presume this should be a separate issue.

Island Monkey 26.09.2020 17:31

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by FlyingSunny (Post 3220962)
How do you count the 6 months in that context? Some postings say it is not by a calendar year, rather 6 months in a 12-month period. 6 months in any consecutive 12-month period covering those 6 months? In my case, I have been away for 5 months (May 2020 ~ present) since I received my permit in Nov 2019. I guess I am allowed to be away for only one month till May 2021. Do I get this right?

Yes, it is not by calendar year. For example you could not be away Jul-Dec 2020 then Jan-Jun 2021..... but you could do Jul-Dec 2020, then Jul-Dec 2021 (if that makes sense).

Landers 26.09.2020 18:49

Re: Permit B renewal after it expires for non EU
 
Be aware that there could well be certain dispensations because of the extraordinary coronavirus situation.


Reading between the lines it seems that your husband is in Switzerland and you're in the US?

Medea Fleecestealer 26.09.2020 20:43

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by FlyingSunny (Post 3220962)
I spent several minutes trying to find a Thank button and figured I don't have a button...not allowed to thank ;-(.

Not enough posts yet. When you have 10 then the thanks button will appear.

FlyingSunny 27.09.2020 15:50

Quote:

Originally Posted by Island Monkey (Post 3220963)
Yes, it is not by calendar year. For example you could not be away Jul-Dec 2020 then Jan-Jun 2021..... but you could do Jul-Dec 2020, then Jul-Dec 2021 (if that makes sense).

I thought so...makes sense to me. Thank you for confirming.

Quote:

Originally Posted by Landers (Post 3220979)
Be aware that there could well be certain dispensations because of the extraordinary coronavirus situation.


Reading between the lines it seems that your husband is in Switzerland and you're in the US?

I guess there should be. I will check to see whether there are some sort of dispensations when we go to Commune for permit renewal. I am/will be in the US and he is in Switzerland (although I am physically in Korea for my Korean green card pick-up at the moment, which is another story). I am flying back to Switzerland next week instead of flying to the US.

Quote:

Originally Posted by Medea Fleecestealer (Post 3221013)
Not enough posts yet. When you have 10 then the thanks button will appear.

Thanks for the info. I figured I don't have enough and didn't know how many to be exact: 4 more to go!

JSOU 28.09.2020 06:56

Re: Permit B renewal after it expires for non EU
 
Considering the coronavirus situation, I would suggest you to contact directly the migration office in the canton of Vaud, they will certain give you the guidance you searching for:

https://www.vd.ch/toutes-les-autorit...pulation-spop/

VD - Canton de Vaud
Service de la population
Avenue de Beaulieu 19
Case postale
1014 Lausanne
tél. : +41 21 316 46 46
fax : +41 21 316 46 45

3Wishes 28.09.2020 08:22

Re: Permit B renewal after it expires for non EU
 
The title of your thread caught my eye. Do not let your permit expire and then try to "renew".

Request renewal sooner rather than later. You or your husband can contact the municipality and/or canton yourselves to find out what you need to do, and also alert the employer in case they need to provide information.

Based on what I have read on EF, permit processing time in Vaud can take more time than in other areas. However you can request a letter from the authorities that certifies the permit is being processed, and during that time you'd be allowed to come and go to the States, so long as you're considering quarantines and 180-day limits.

aSwissInTheUS 28.09.2020 14:27

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by FlyingSunny (Post 3220962)
I am aware of the 183-day rule for tax home purposes - I presume this should be a separate issue.

183 day rule? From Swiss point of view as long as you are registered as a resident you are also a tax resident. You might be also and in addition a tax resident in an other country but in general Switzerland does no care about that.
https://www.admin.ch/opc/de/classifi...333/index.html

FlyingSunny 28.09.2020 15:14

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by JSOU (Post 3221344)
Considering the coronavirus situation, I would suggest you to contact directly the migration office in the canton of Vaud, they will certain give you the guidance you searching for:

https://www.vd.ch/toutes-les-autorit...pulation-spop/

VD - Canton de Vaud
Service de la population
Avenue de Beaulieu 19
Case postale
1014 Lausanne

We received a renewal notice from the commune of Crissier in Vaud. Renewal seems to be handled at a commune level only per the notice as it does not say anything about Canton. Am I missing the Canton part or I would be advised/notified what to do next with Canton once approved by Commune?

AndersonMD 28.09.2020 15:58

Re: Permit B renewal after it expires for non EU
 
Commune collects the paperwork and sends it to the Canton. You don't directly deal with the Canton typically, but it is often the case that the commune doesn't really know what is happening, they are just the middle man.

But if your permit is taking a long time, they say you are supposed to contact your commune, then your commune contacts the canton to inquire, then the commune responds to you. You can sometimes get around this by contacting the canton directly if you have urgent questions.

All follow up questions for the application process have come to us directly from the canton and not the commune.

FlyingSunny 28.09.2020 17:50

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by 3Wishes (Post 3221350)
Based on what I have read on EF, permit processing time in Vaud can take more time than in other areas.

Do you happen to know how long permit B renewal typically takes in Vaud?

Quote:

Originally Posted by AndersonMD (Post 3221560)
Commune collects the paperwork and sends it to the Canton. You don't directly deal with the Canton typically, but it is often the case that the commune doesn't really know what is happening, they are just the middle man.

But if your permit is taking a long time, they say you are supposed to contact your commune, then your commune contacts the canton to inquire, then the commune responds to you. You can sometimes get around this by contacting the canton directly if you have urgent questions.

All follow up questions for the application process have come to us directly from the canton and not the commune.

Would I be allowed to cut the middle man (aka commune) by directly going to Canton - maybe quicker? I saw some guide information on the Canton website referred by one of the above postings in this thread.

It makes more sense to me now. I saw many postings on the new language requirements for family reunification permit B holders; however, the renewal notice from Commune that I've received does not request a language certificate or anything equivalent. I was happy for the last couple of days (received the notice a couple of days ago) thinking that my small commune does not enforce the new language regulation. Canton Vaud will probably request additional document on my French upon review;-(.

Landers 28.09.2020 19:13

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by aSwissInTheUS (Post 3221510)
183 day rule? From Swiss point of view as long as you are registered as a resident you are also a tax resident. You might be also and in addition a tax resident in an other country but in general Switzerland does no care about that.
https://www.admin.ch/opc/de/classifi...333/index.html




I don't know if it affects the OP but you can certainly be resident in Switzerland and non-resident for tax purposes.

AndersonMD 29.09.2020 10:04

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by FlyingSunny (Post 3221610)
Canton Vaud will probably request additional document on my French upon review;-(.

Yes, this happened to me last year. Commune didn't ask for a language test, but then I got a letter from the Canton saying I needed one (family reunification Visa)

3Wishes 29.09.2020 10:56

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by AndersonMD (Post 3221749)
Yes, this happened to me last year. Commune didn't ask for a language test, but then I got a letter from the Canton saying I needed one (family reunification Visa)

I think for the first renewal you can show registration for a class, but after that it needs to be a certificate of having completed an approved exam.

AndersonMD 29.09.2020 11:29

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by 3Wishes (Post 3221777)
I think for the first renewal you can show registration for a class, but after that it needs to be a certificate of having completed an approved exam.

Yes, I think also you can also show that you are taking a course. For me it wasn't a problem I can communicate fluently in french, it was just a matter of setting up the test and actually doing it to get the certificate.

FlyingSunny 14.10.2020 15:52

Re: Permit B renewal after it expires for non EU
 
Quote:

Originally Posted by 3Wishes (Post 3221777)
I think for the first renewal you can show registration for a class, but after that it needs to be a certificate of having completed an approved exam.

Quote:

Originally Posted by AndersonMD (Post 3221792)
Yes, I think also you can also show that you are taking a course.

I submitted my 1st permit B renewal application, incl. French language course registration document, to Commune last Thursday. Today I received a letter from Canton Vaud saying that I need to submit A1 Certificate as below (a full copy of letter attached - tried to attach, but not sure if it worked) - unsure if Canton really wants certificate for my renewal this time or this letter serves as a general advice/reminder meaning no further actions to take this time as this letter does not contain any specific information on my renewal other than the below part:

<Letter from Vaud - English below>
Pour remplir cette condition, il sera nécessaire de nous fournir un certiñcat de langue FIDE, DELF (ou tout autre certiñcat reconnu par le Secrétariat d’Etat aux migrations) aNestant de connaissances orales de niveau AI selon le cadre européen commun de
référence pour les langues- voir informations annexées.

Constatant que vous ne possédez pas actuellement le certificat ou le diplôme demandé attestant de ce niveau de langue, la présente recommandation vous est adressée afin de vous inviter à acquérir les connaissances linguistiques demandées d’ici l’échéance de votre autorisation de séjour.

Pour obtenir la prochaine prolongation de la durée de validité de votre autorisation de séjour obtenue dans le cadre du regroupement familial, vous devrez produire un certificat ou diplôme attestant du niveau AI CECR.

<Google Translated Version>
Noting that you do not currently have the required certificate or diploma attesting to this language level, this recommendation is addressed to you in order to invite you to acquire the language skills requested by the expiry of your residence permit.

To obtain the next extension of the validity period of your residence permit obtained within the framework of family reunification, you will have to produce a certificate or diploma attesting to the AI CEFR level.

FlyingSunny 15.10.2020 20:28

Re: Permit B renewal after it expires for non EU
 
<Quick Update on my permit B renewal case in Vaud>

I received my renewed permit today and surprisingly it took only one week from the day that my application was turned in to the day that my new permit was delivered/received in mail.

The above letter from Vaud turns out to be a guidance for my next permit renewal, which is scheduled in 2 years - I thought my permit B would be valid for one year each time, but my new permit is good for 2 years this time.

Thanks for all your advices!


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