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-   -   C permit situation. EU (https://www.englishforum.ch/permits-visas-government/300820-c-permit-situation-eu.html)

SmithGraham 22.10.2020 02:42

C permit situation. EU
 
Hey everyone,

so I'm in a bit of a conundrum here. So hoping to get some answers.

My situation:

I work in hospitality (mid-level management), because of the Corona I got my notice, and my notice period ends on the 30th of November 2020.

And now I'm faced with some choices: Join the RAV ( easy choice), or if I don't find a job soon enough go for winter season somewhere.

Now my problem is that my permit expires on 31 of July 2021 and after 6 years here I wanted to apply for a C permit( I'm planning to stay here indefinitely), but I see that one of the conditions are Unbefristete Arbeits Vertrag.

So now my questions are:

If I'm in RAV when my permit comes up for renewal do I stand any chance of getting a C?

If I'm working on a short-term contract when it comes up for renewal, do I automatically get a B again or I can still apply for a C, considering that I've been here 6 years?

Thank you very much for your answers,

GiGi

qwertz 22.10.2020 09:03

Re: C permit situation. EU
 
Quote:

Originally Posted by SmithGraham (Post 3229669)
If I'm in RAV when my permit comes up for renewal do I stand any chance of getting a C?

Depends on cantonal practices. In principle no but if you are from one of the below nationalities (and depending on how many RAV days you have left) then maybe as these countries have binding international agreements for C permits after 5 years of non-temporary stay:

Austria, Germany, France, Italy, Liechtenstein, Belgium, Netherlands, Spain, Portugal, Greece, Denmark

But if the canton's prerequisite is an indefinite contract then I see slim chances.

Quote:

Originally Posted by SmithGraham (Post 3229669)
If I'm working on a short-term contract when it comes up for renewal, do I automatically get a B again or I can still apply for a C, considering that I've been here 6 years?

Depends on cantonal practices. If you have been unemployed for a continuous period of 12 months or more during your 5 year B permit stay and even if at renewal time you have an indefinite contract, some cantons do not issue C permits directly (same applies to settlement agreement countries) and issue a 1 year B permit instead to check your stability in a years time.

Also the right of residence of EU/EFTA citizens may be revoked when it comes to unemployment as detailed below:
https://www.admin.ch/opc/en/classifi...ndex.html#a61a

To answer your question, if at renewal time you have a short term contact of less than one year or a temporary triangular contract via a recruitment agency of any length of time, L permits are usually issued (again depends on cantonal practices). Hard sell for a C if not on an indefinite contract, especially if required by your canton.

SmithGraham 23.10.2020 07:30

Re: C permit situation. EU
 
Thank you for your answer.

Island Monkey 23.10.2020 07:44

Re: C permit situation. EU
 
You’d probably get a B. But once you’re working again you could change to a C. Where as if you leave the country for the winter season, then come back, you’ll start afresh with 5 years on B. (And if you are British you’d lose your pre-Brexit rights too!).

happyrobbie 23.10.2020 12:14

Re: C permit situation. EU
 
Ask your canton, they might have special treatment for corona period. For example in my canton VS they temporarily waived the requirement that you have to be employed when extending the B permit or upgrading to C from B, especially for people working in branches heavily impacted by corona, like your case.

eliwalker 24.10.2020 09:31

Re: C permit situation. EU
 
Quote:

Originally Posted by SmithGraham (Post 3229669)
If I'm in RAV when my permit comes up for renewal do I stand any chance of getting a C?

Hello this is what happened to me, i was under unemployment when my B permit expired, the canton geneva automatically renewed it to C without questions, I just got it in the mail. I am EU.
Cheers


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