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Old 05.03.2021, 02:00
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Early C Permit for non-EU persons after studies and work

Hi all

This is not a question but just reporting on my case of applying to an early C permit because nowhere in the forum I found a similar case and I thought it might be useful to share here.

I (non-EU/Egyptian) came to Switzerland in October 2015 for PhD studies (with a working student B permit) and graduated in September 2018.

While my B permit was still valid, an official gave me the unfavorable recommendation to get the L permit that graduates get for job search (Stellensuche) as my B permit was void with finishing the studies. So I got the L permit in November 2018 but it was issued for 4 months only because my graduation was in September 2018.

Thankfully, I found a job (permanent contract) in December and started working in February 2019. My work permit was authorized in February so I started working while still on the L permit. In March 2019, my unlimited B permit was issued.

I was reading a lot about early application to B permit and that study years can be counted towards the 5 years if the graduate has B permit for work for at least 2 years.

But as you might have gathered, my problem was that I had an L permit. People would read the law and the requirement for the early granting of C permit which is "5 uninterrupted years with B permit" and most would understand it as having B permit continuously for 5 years. This would make me ineligible for the early C permit.

I asked the employee responsible for my file in the migration office of Basel in early 2020 and he said that I am not eligible.

In early October 2020, I thought of asking again and told him that one might understand the law as "uninterrupted stay" with 5 years of B permit regardless of any gap in the middle and I argued with him that I abided by the law and asked for the L permit while my B permit was valid so this doesn't necessarily make my stay on the L permit of a temporary nature because it is with the goal of finding a job and staying in the country. So, he said that he will ask his manager and let me know. He did and in a few days he wrote me an email saying that I "can apply for the early C permit with pleasure". The requirements from Basel were only a language certificate (B1 oral and A2 writing) and copies of the work contract and last 3 salary slips.

Having only 3 months before the time for my application for permit renewal, I booked a TELC test in Freiburg, Germany in the last week of November (thankfully the border was not closed yet) because it is corrected faster than in Switzerland. The certificate arrived in Basel in the second week of January (293/300). Meanwhile, I had received the permit renewal form which I got signed and stamped from my employer.

In addition to what the migration office asked for, I also got the documents showing that I don't have any outstanding debt, didn't commit a crime and didn't receive social help. I also wrote a long letter clarifying my contribution to the economic life in Basel and Switzerland (including an estimate number of the taxes that I paid in the previous 5 years). I sent all of these documents to the migration office in Basel during the last week in January 2021.

Two weeks passed and I contacted the responsible person and he hadn't received my documents yet because he had worked from home. I tried to contact the migration office again in the third week of February and it appeared in the system now that he received the documents and started working on them. One week later, I tried to contact him and my file was still in progress. That was on the 25th of February and my permit expires on the 9th of March!!

On the 26th of February, I phoned the office again and he was there on that day and said that he will finalize my file later on the same day and send it to SEM as the request for early C permit is subject to their approval.
So, on the same day afternoon, he indeed emailed me confirming that my file was sent to SEM.

YAAAYYYY! One milestone reached - Cantonal approval!

Now it is less than a week and my permit is going to expire. I called SEM in the morning of the 3rd of March and the employee on phone confirmed that they received my file and said that she would notify the responsible employee at SEM to work on it urgently. In the afternoon of the 4th of March, after 1.5 hours of trying to call SEM but getting a busy signal, they picked up and confirmed that the C permit was approved!! They asked me to contact the cantonal migration office for the next steps.

End of Story!!

Morale of the story: persistence!

https://www.youtube.com/watch?v=LSSCsCYRrXE
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  #2  
Old 05.03.2021, 06:36
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Re: Early C Permit for non-EU persons after studies and work

Congratulations!
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Old 05.03.2021, 10:19
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Re: Early C Permit for non-EU persons after studies and work

I also got an early C permit as a non-EU person due to good integration in Basel. My story was straightforward, but I am really glad that your more complex one also had a good ending; I have always found the employees at the migrations office here polite and positive. Congratulations!
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Old 05.03.2021, 10:44
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Re: Early C Permit for non-EU persons after studies and work

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I also got an early C permit as a non-EU person due to good integration in Basel. My story was straightforward, but I am really glad that your more complex one also had a good ending; I have always found the employees at the migrations office here polite and positive. Congratulations!
Indeed, as long as one is polite, knows his stuff and is playing right, then the employees are usually collaborative. Yet, some of them might be just plain non-collaborative. For example, during my waiting period in early February, I was calling the migration office and an employee responded to my call saying that my application is not going to be approved because of the L permit in the middle. Yet, on another occasion, another employee told me that my responsible employee is specialized in the permits for PhD students and he has more experience and there is a possibility for approval, which happened!

So, again, persistence is essential!
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Old 06.03.2021, 15:47
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Re: Early C Permit for non-EU persons after studies and work

Wow! Great story. Persistence combined with measured patience (willingness to push your case at the right times/places), pays off. Congrats on that.

And, special congrats on your language exam score! Well done.

-Dr. M.
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Old 08.03.2021, 13:02
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Re: Early C Permit for non-EU persons after studies and work

Update: the new plastic permit was received today!
PS: it feels less robust than my previous B permit

To my surprise, I read in the paper that came with it the point that changing cantons is subject to approval (which is more of a routine step) - I searched the forum and it seems it is not only me but all non-EU c permit ... so still cursed with some routine ...
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Old 08.03.2021, 13:31
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Re: Early C Permit for non-EU persons after studies and work

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Update: the new plastic permit was received today!
PS: it feels less robust than my previous B permit

To my surprise, I read in the paper that came with it the point that changing cantons is subject to approval (which is more of a routine step) - I searched the forum and it seems it is not only me but all non-EU c permit ... so still cursed with some routine ...
It's always been the case no matter what your nationality. As you say, it's more a routine step than anything else. It can't be denied unless you've done something silly/stupid under Art. 63.

"Art. 36 Place of residence
Persons with a short stay permit, a residence or a permanent residence permit are free to choose their place of residence within the canton that granted the permit.

Art. 37 Change of the place of residence to another canton
1 Persons with a short stay permit or a residence permit who would like to relocate their place of residence to another canton must apply for the appropriate permit from the new canton beforehand.

2 Persons with a residence permit are entitled to move to another canton provided they are not unemployed and there are no grounds for revocation in terms of Article 62 paragraph 1.

3 Persons with a permanent residence permit are entitled to move to another canton, provided there are no grounds for revocation in terms of Article 63."

"Art. 62 Revocation of permits and other rulings
1 The competent authority may revoke permits, with the exception of the permanent residence permit, and other rulings under this Act if the foreign national:

a. or their representative in the permit procedure makes false statements or conceals material facts;

b. has been given a long custodial sentence or has been made subject to a criminal measure in terms of Articles 59–61 or 64 of the SCC;

c. has seriously or repeatedly violated or represents a threat to public security and order in Switzerland or abroad or represents a threat to internal or external security;

d. fails to fulfil an obligation linked to the decision;

e. or a person they must care for is dependent on social assistance;

f. has attempted to obtain Swiss citizenship unlawfully or his or her Swiss citizenship has been revoked based on a legally binding ruling issued in connection with a declaration of nullity under Article 36 of the Swiss Citizenship Act of 20 June 2014;

g. does not comply with an integration agreement without due cause.

2 Revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from Switzerland."

Art. 63 Revocation of the permanent residence permit
1 The permanent residence permit may be revoked only if:

a. the requirements of Article 62 paragraph 1 letter a or b are fulfilled;

b. the foreign national has seriously violated or represents a threat to public security and order in Switzerland or abroad or represents a threat to internal or external security;

c. the foreign national or a person they must care for is dependent permanently and to a large extent on social assistance;

d. the foreign national has attempted to obtain Swiss citizenship unlawfully or his or her Swiss citizenship has been revoked based on a legally binding ruling issued in connection with a declaration of nullity under Article 36 of the Swiss Citizenship Act of 20 June 2014;

2 The permanent residence permit may be revoked and replaced by a residence permit if the residence criteria referred to in Article 58a have not been met.

3 Revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from Switzerland."

https://www.fedlex.admin.ch/eli/cc/2007/758/en
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Old 08.03.2021, 16:25
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Re: Early C Permit for non-EU persons after studies and work

Thanks very much Medea Fleecestealer for your detailed explanation!

It is just irritating that I might have to prove that I am a good citizen whenever I take an official step before I get an approval - seems like the assumption is that I am guilty until I prove otherwise!
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Old 08.03.2021, 16:40
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Re: Early C Permit for non-EU persons after studies and work

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Thanks very much Medea Fleecestealer for your detailed explanation!

It is just irritating that I might have to prove that I am a good citizen whenever I take an official step before I get an approval - seems like the assumption is that I am guilty until I prove otherwise!
Look on the positive side. You fulfill now one of the prerequisites to apply for CH passport
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Old 08.03.2021, 16:47
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Re: Early C Permit for non-EU persons after studies and work

When I moved from Geneva to Vaud I needed permission from both Geneva and Vaud. I argued lack of affordable housing in GE which was as true then as it is now.

My B permit, which was tied to my employer in GE, was annotated by VD “Not Valid for employment in The Canton of Vaud”. After10 years in the country I became eligible a ‘C’ which did not have the annotation.
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Old 08.03.2021, 16:51
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Re: Early C Permit for non-EU persons after studies and work

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Look on the positive side. You fulfill now one of the prerequisites to apply for CH passport
Well.... yeah, which will probably need much more persistence
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