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Old 06.02.2021, 22:04
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EU passport with permit B or non-EU with permit C

Hi! I have 2 passports: EU and non-EU.

I moved to Switzerland with non-EU one and permit B was issued for it. I never declared to swiss authorities having an EU passport (my mistake, I know). I have been working in Switzerland for 5 years now and would like to apply for permit C. I suppose that if I show EU passport, years spent will be nullified and probably they won't grant C permit. With non-EU there is a chance to get a C permit.

If I decide to look for another job, which combination gives me more chances of success: EU passport + permit C or non-EU passport+permit B?

Thank you for your thoughts!
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  #2  
Old 07.02.2021, 01:41
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Re: EU passport with permit B or non-EU with permit C

An EU passport does not give you a special right for permit C.
Furthermore, not the passport is important but your nationality. You can have as many nationalities as you want. From Swiss point of view your "main" nationality is the one which gives you the most rights.

That you got a Non-EU/EFTA permit B while you also are EU/EFTA person is kind of a dick head move. You used unnecessarily the permit quota and prevent some else from getting a permit. (Does not apply when you are a dependent of a EU/EFTA person, or acquired the second nationality while staying in Switzerland)

The time needed to get permit C only depends on your actual time in Switzerland. If you switch to a EU/EFTA permit the clock will not reset. However, if you want to claim a facilitation because of a certain nationality, then you must have had that nationality for the time need. Example:
5 years ago you came to Switzerland as Nigerian citizen.
3 years ago you became also a German citizen.
You can now apply for permit C based on good integration.
In two years you have a right to get permit C based on the agreement with Germany.
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Old 07.02.2021, 02:08
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Re: EU passport with permit B or non-EU with permit C

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I moved to Switzerland with non-EU one and permit B was issued for it. I never declared to swiss authorities having an EU passport


I don’t know if it will help your C-permit at all, but you should go and get your nationality changed on your permit/records anyway, as it will make other stuff easier (changing jobs/canton etc).
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Old 07.02.2021, 10:45
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Re: EU passport with permit B or non-EU with permit C

If you change the nationality of your permit, the clock for C permit will indeed reset, quoting in French from point 3.5.2.1 of the SEM guidelines as you are based in Lausanne:

Délais d’établissement particuliers pour les ressortissants qui peuvent se prévaloir d’un accord d’établissement avec notre pays
Les ressortissants de pays avec lesquels la Suisse a conclu un accord d’établissement obtien-nent une autorisation d’établissement après un séjour régulier et ininterrompu de cinq ans en Suisse. Il s’agit des pays suivants : Allemagne, Autriche, Belgique, Danemark, Espagne, France, Grèce, Italie, Liechtenstein, Pays-Bas et Portugal.

Une autorisation d’établissement peut être délivrée après un séjour de cinq ans en Suisse aux ressortissants des pays suivants, sans pourtant être au bénéfice d’un droit à l’obtenir : Andorre, Canada, Finlande, Irlande, Islande, Luxembourg, Monaco, Norvège, San Marino, Suède, Cité du Vatican, Royaume-Uni et les Etats d’Unis d’Amérique (cf. à ce propos ch. 0.2.1.3.2).

Les séjours de nature temporaire effectués en Suisse ne sont pas pris en compte dans le décompte des séjours nécessaires à la délivrance de l’autorisation d’établissement. Les séjours effectués à des fins de formation ou de perfectionnement professionnel sont en revanche pris en considération si, une fois ceux-ci achevés, la personne concernée a été au bénéfice d’une autorisation de séjour durable pendant deux ans et sans interruption (art. 34 , al. 5, LEI).

En cas de changement de nationalité (ressortissant turc ayant obtenu la nationalité allemande), le délai nécessaire recommence à zéro.

https://www.sem.admin.ch/sem/fr/home...erbereich.html

After 5 years continuous residence on a B permit as a non-EU you may apply for an early C permit.
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Old 07.02.2021, 15:33
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Re: EU passport with permit B or non-EU with permit C



What should I say qwertz? That you are wrong? That your are taking things out of context and purposefully confuse people?

All what the above says is that if you want to profit from a facilitated permit C based on a certain nationality, than you must have had this nationality for the needed duration during the stay in Switzerland.

Getting and additional nationality is not the same a changing the nationality. One does not have to chose one (from the Swiss point of view). If you have multiple nationalities than you have multiple nationalities. Concurrently and at the same time. All nicely entered and noted in ZEMIS.

Never the less, early C after 5 years based on good integration is always possible. This clock does not reset. Neither does the clock for regular C after 10 years. For some EU nationals such as Romanians, Polish, or Croatian this is the only way to permit C.
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Old 07.02.2021, 16:22
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Re: EU passport with permit B or non-EU with permit C

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All what the above says is that if you want to profit from a facilitated permit C based on a certain nationality, than you must have had this nationality for the needed duration during the stay in Switzerland.
No such thing as a 'facilitated' C permit.

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Getting and additional nationality is not the same a changing the nationality. One does not have to chose one (from the Swiss point of view). If you have multiple nationalities than you have multiple nationalities. Concurrently and at the same time. All nicely entered and noted in ZEMIS.
Do you have an official link / quote to back your claim?

As far as the ZEMIS/SYMIC records are concerned, OP only has ONE nationality, the non-EU nationality they used to obtain their non-EU permit, otherwise they would have been issued an EU/EFTA permit. OP even says they never declared their EU nationality to Swiss authorities.
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Old 07.02.2021, 22:25
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Re: EU passport with permit B or non-EU with permit C

Thank you will everyone for the answers. To bring more clarity: I have obtained EU passport (bulgarian, if it matters) one year after I arrived to Switzerland. That is why I have started with non-EU passport and kept prolonging permits with it all this time.

As I understood the law mentioned above (3.5.2.1 of the SEM quidelines), the required period for permit C can be reset, but it is not clear from what date: when one obtained second nationality or when one declared it to authorities.
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Old 07.02.2021, 22:47
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Re: EU passport with permit B or non-EU with permit C

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Thank you will everyone for the answers. To bring more clarity: I have obtained EU passport (bulgarian, if it matters) one year after I arrived to Switzerland. That is why I have started with non-EU passport and kept prolonging permits with it all this time.

As I understood the law mentioned above (3.5.2.1 of the SEM quidelines), the required period for permit C can be reset, but it is not clear from what date: when one obtained second nationality or when one declared it to authorities.
Given that your EU nationality is Bulgarian, it doesn't make a difference as Bulgaria and Switzerland don't have a settlement agreement.

When applying for an early C permit after 5 years, it will not matter whether you do it as a Bulgarian or as your other non-EU nationality. Your Bulgarian nationality does not provide you with any incremental benefits when applying for a C permit vs your other non-EU nationality.

However given that you have a choice, it is certainly advisable to hold an EU/EFTA C permit rather than a third state C permit. Personally, I would apply for the early C permit as a non-EU and get it changed once you obtain the C permit.
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