Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 12.03.2021, 17:03
Newbie
 
Join Date: Nov 2020
Location: Zürich
Posts: 4
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
anony has no particular reputation at present
Non-EU on L permit, fast-track C permit application

Hi, I have read many posts regarding the application for C permit after 5 years of residence, as well as many governmental documents on it. My case is, however, a bit different, and I am trying to see if anyone else has been in a similar situation and could share the experience.

I'm non-EU(US/Canada) and I've been on B permit (PhD student) for 4 years and am about to start a new job immediately after the PhD contract. Although the job is meant to be permanent, somehow, to my surprise, my employer now plans to hire all the new employees in the department with a one-year temporary contract first. This means that they can only apply for an L permit for me, based on this temporary contract. I've known the employer/boss for a long time and chances are that I'll be offered the permanent contract at the end of this temporary contract, but they've decided to use this scheme of employment (i.e. two separate contracts, a temporary one followed by a permanent one) and applied it to everyone.

To summarize, my situation will likely be:
4 years of B for PhD + 1 (or even 2, if the quota runs out etc.) year(s) of L for a temporary contract + years of B for a permanent contract (by the same employer as for L)

Now, it comes to the law. I'm in ZH, and the cantonal Weisung states that L permit can be inserted between the B for education and a normal B. In another handbook they quote the situation of quota being exhausted that results in an L, which should nonetheless be counted towards C if it is based on a permanent contract. On the federal level, Art. 34, 5 does require the uninterrupted residence with B, but in the Weisung they list two situations where L can be counted towards C, which are (1) L with a permanent contract and (2) L for which the authorities and the applicant have headed out with a "permanent" purpose. They call these situations as "... der Aufenthalt mit einer Kurzaufenthaltsbewilligung einen dauerhaften Charakter hatte".

For sure I will consult the authorities for more explanations, but I was just curious whether anyone ever had the similar situation and applied for the C permit (or even got it in the end). How do they judge the "dauerhaften Charakter" of an L permit? Is there any chance of counting my year(s) on L with a limited contract? Or, is there any trick to avoid the impact of such a limited contract?

Thanks in advance!
Reply With Quote
  #2  
Old 13.11.2021, 18:39
Newbie
 
Join Date: Nov 2021
Location: Zurich
Posts: 1
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Xtown has no particular reputation at present
Re: Non-EU on L permit, fast-track C permit application

Hi Anony,

I just saw your post, I am in a similar situation.

L-visa for 1y (temporary contract), back to my non-EU country for 7months, back to ZH on a B visa for 4 years (in December 2021).
I was wondering if this 1y L-visa counts towards the fast-track C permit.

So, I am interested to hear more about your case.

Thanks for sharing more info!
Cheers
Reply With Quote
  #3  
Old 15.11.2021, 20:01
Newbie 1st class
 
Join Date: Oct 2021
Location: Lausanne
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 6 Times in 4 Posts
ziyep has no particular reputation at present
Re: Non-EU on L permit, fast-track C permit application

To my knowledge, L permits don't count for C permit (fast track or not), only B permits do. The only exception is if your L permit was issued in the context of a permanent position because B permits ran out, and you were issued a B permit later.
Reply With Quote
  #4  
Old 16.11.2021, 13:58
Newbie
 
Join Date: May 2019
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Mrs Banana has no particular reputation at present
Re: Non-EU on L permit, fast-track C permit application

I had L-L-B-B-B then C (American)
Reply With Quote
  #5  
Old 16.11.2021, 14:24
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,700
Groaned at 385 Times in 323 Posts
Thanked 15,293 Times in 7,057 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Non-EU on L permit, fast-track C permit application

Quote:
View Post
I had L-L-B-B-B then C (American)

That was then, the rules have changed.
Reply With Quote
  #6  
Old 16.11.2021, 15:16
Member
 
Join Date: Mar 2021
Location: Sion (previously Basel)
Posts: 123
Groaned at 0 Times in 0 Posts
Thanked 76 Times in 41 Posts
LeTromboniste has earned some respectLeTromboniste has earned some respect
Re: Non-EU on L permit, fast-track C permit application

Seems like an ambiguous situation to me. That one year on a limited duration contract and L permit should in principle not count, and also make your student years not count, since student years only count if immediately followed by "durable" stay permits. That would be a very unfortunate resetting of the clock.

On the other hand assuming you do get signed again permanently following that first year, and then get a B permit (or an L that is unequivocally "durable" because of the permanent contract), I would hope it shouldn't be that hard to argue that the intervening year did indeed have a "durable character". I would try to already make it clear with the authorities what the plan is and try to get them to acknowledge the "durable character" of your first L permit. In any case, you should see if there isn't some documentation your employer could provide, either a letter or a copy of their hiring policy if it is clear on this subject, indicating that the one-year fixed term may lead to a permanent position. Anything that could later help prove that the subsequent permanent contract gives a "durable character" to that prior L permit.
Reply With Quote
  #7  
Old 21.11.2021, 16:38
Newbie
 
Join Date: Nov 2020
Location: GE
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
AlexisO has no particular reputation at present
Re: Non-EU on L permit, fast-track C permit application

Quote:
View Post
Seems like an ambiguous situation to me. That one year on a limited duration contract and L permit should in principle not count, and also make your student years not count, since student years only count if immediately followed by "durable" stay permits. That would be a very unfortunate resetting of the clock.

On the other hand assuming you do get signed again permanently following that first year, and then get a B permit (or an L that is unequivocally "durable" because of the permanent contract), I would hope it shouldn't be that hard to argue that the intervening year did indeed have a "durable character". I would try to already make it clear with the authorities what the plan is and try to get them to acknowledge the "durable character" of your first L permit. In any case, you should see if there isn't some documentation your employer could provide, either a letter or a copy of their hiring policy if it is clear on this subject, indicating that the one-year fixed term may lead to a permanent position. Anything that could later help prove that the subsequent permanent contract gives a "durable character" to that prior L permit.

Hi, L permits count as well as student years ONLY once it is followed by 2 years on a B permit. Basically, after phd and B, you'll spend 1 year on L and then you'll need 1 full year on B and 2nd year on B to be approved in order to be eligible. You don't need to wait till the end of year 2 on B but you need it to be granted and as soon as you renew your B for 2nd year you're eligible to apply for anticipated C permit.
Reply With Quote
  #8  
Old 22.11.2021, 00:48
Member
 
Join Date: Mar 2021
Location: Sion (previously Basel)
Posts: 123
Groaned at 0 Times in 0 Posts
Thanked 76 Times in 41 Posts
LeTromboniste has earned some respectLeTromboniste has earned some respect
Re: Non-EU on L permit, fast-track C permit application

Quote:
View Post
Hi, L permits count as well as student years ONLY once it is followed by 2 years on a B permit. Basically, after phd and B, you'll spend 1 year on L and then you'll need 1 full year on B and 2nd year on B to be approved in order to be eligible. You don't need to wait till the end of year 2 on B but you need it to be granted and as soon as you renew your B for 2nd year you're eligible to apply for anticipated C permit.
The directives relating to the LEI very specifically indicate, as the OP mentioned, that study years count if followed directly by two years with a durable "autorisation de séjour" (i.e. B permit) OR if an "autorisation de courte durée" (i.e. L permit) has acquired a durable character, for example by having a permanent work contract.

That paragraph doesn't make much sense if you then also need two more years with B for the L years to count. Then again it of course depends on how the cantonal authorities choose to apply the directives.
Reply With Quote
Reply

Tags
c permit, fast-track, l permit, non-eu, vinta




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
How to track work permit application status? ganu Permits/visas/government 5 11.09.2015 11:24
L permit extension/B permit application Peter 1875 Permits/visas/government 3 23.01.2013 20:38
National Healthcare on Fast Track to Strike Down AmericanGotWorkVisa International affairs/politics 2 29.09.2011 17:08
Pope on Fast Track to Sainthood Leni International affairs/politics 488 01.02.2011 19:20
Mac application to track revenues and costs cool11 Finance/banking/taxation 6 26.07.2009 15:44


All times are GMT +2. The time now is 06:58.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0