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Old 13.05.2021, 12:37
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Brit EU B Permit - transfer to C while Self-Employed?

Hello everyone,

I have been doing some searching but unfortunately I can't find enough information. I am hoping someone can help

My situation: UK Passport holder with a EU B-Permit which expires 30.09.2021. I want to apply for my C Permit - I have the relevant language certifications.

I am currently employed but want to start my own GmbH (Funds have been put aside). I do however have a non-compete clause which would prohibit me from advertising my business for atleast 1 year - As I will be doing what I know.

Therefore I would like to quit my job ASAP so that the clock starts ticking on the non-compete. I would take some time to develop my business plan.

My question: Could I still upgrade to a C-Permit while no longer having a contract with my current company but rather when I've registered as Self-Employed?

I am afraid that if I don't have a contract my EU B Permit may not be renewed.

Thanks a lot in advance for your help!

Sato :-)
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Old 15.05.2021, 18:06
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Re: Brit EU B Permit - transfer to C while Self-Employed?

As long as you have a valid income inside CH and you are not taking social money for your livelihood here, I think, self employment will not impact C permit application.

The only way to find out = go for the application.
As you can apply for a C permit within a B permit tenure, you don't have to wait till Sep for the C permit application. You can do it now.

Another point : For a non EU citizen (assuming UK citizens are treated as non-EU citizen now), the applicant needs to live in CH for 10 years (L permit years not counted) as a precondition to C permit application. In case the applicant wants to apply for C earlier than the 10th year, he/she must explicitly mention that " the application is for early integration" in the comment section of the C permit application. For exact wording on the comment, the applicant should ask the Gemeinde official at the time of application.

All the best

S
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Old 15.05.2021, 18:20
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Re: Brit EU B Permit - transfer to C while Self-Employed?

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Another point : For a non EU citizen (assuming UK citizens are treated as non-EU citizen now), the applicant needs to live in CH for 10 years (L permit years not counted) as a precondition to C permit application. In case the applicant wants to apply for C earlier than the 10th year, he/she must explicitly mention that " the application is for early integration" in the comment section of the C permit application. For exact wording on the comment, the applicant should ask the Gemeinde official at the time of application.
Not for the first time, this advice is inaccurate. As the OP was resident before 31.12.2020, they are eligible for the C permit after five years (in fact under the various agreements, they cannot require longer residence; but they can impose the same other requirements as for other EU citizens e.g. language requirements).

To the OP: to be honest, for the sake of 4 and a bit months (probably only 2 since you can start the process a couple of months before expiry of your old permit) - and especially as you will be getting a new C permit for UK citizens covered by the citizens' rights agreement - I personally think you would be mad not to stay in your job until you have the C. Spend the time between now and then writing your business plan and getting the rest of your business ducks in order ready to give notice and start your business once you have your C in hand. My OH was advised by the Gemeinde - even when we were EU citizens - that self-employment can be difficult for the C, and you won't have any track record of self-employed income by September.
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Old 15.05.2021, 18:26
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Re: Brit EU B Permit - transfer to C while Self-Employed?

Hi,

The above is not true.

‘Valid income in CH’ is not a condition for a C permit, income can come from anywhere in the world as long as it’s enough to cover basic needs without resorting to social benefits.

Being EU or not has no impact on C permit issuances.

As a UK citizen the ordinary deadline for a C permit is after 5 years (and not 10 as claimed above). Also as a UK, early C permit application at 5 years’ stay based on integration is not possible as the ordinary deadline is 5 years anyway.

You will need however to supply language certificate A2 speaking and A1 writing.

Points 0.2.1.3.2 and 3.3.1.3 of the SEM guidance document:

https://www.sem.admin.ch/dam/sem/de/...ngen-aug-d.pdf
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Old 19.05.2021, 13:38
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Re: Brit EU B Permit - transfer to C while Self-Employed?

Hi everyone!

Thank you so much for your responses.

I have also done some research and I think I can still qualify for the C-Permit if I am self-employed - as I won't have taken any help from the RAV etc. The language certification isn't an issue and my savings should help me for a while.

I understand that what I am planning on doing is a risky venture however due to the non-compete clause I really want to get the clock ticking ASAP.

Sato!
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Old 19.05.2021, 13:43
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Re: Brit EU B Permit - transfer to C while Self-Employed?

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I understand that what I am planning on doing is a risky venture however due to the non-compete clause I really want to get the clock ticking ASAP.
For the sake of 4 months, and the BREXIT situation, I'd wait until you have a new permit in hand (B or C). Is the possibility of losing a permit altogether and not being able to return worth 4 months?
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Old 19.05.2021, 14:23
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Re: Brit EU B Permit - transfer to C while Self-Employed?

Are you integrated? This is a key requirement in many cantons now.
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Old 19.05.2021, 16:10
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Re: Brit EU B Permit - transfer to C while Self-Employed?

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Are you integrated? This is a key requirement in many cantons now.
Yes - but not sure how to prove this?
I speak German and understand Swiss German. I've worked at a Swiss company for nearly 5 years and have a large network.

I am also a member of some local groups.
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Old 19.05.2021, 17:09
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Re: Brit EU B Permit - transfer to C while Self-Employed?

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I understand that what I am planning on doing is a risky venture however due to the non-compete clause I really want to get the clock ticking ASAP.
Probably a good idea to have a legal opinion on that clause, while such clauses are valid, they need to be very tightly defined to be valid.
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Old 19.05.2021, 17:31
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Re: Brit EU B Permit - transfer to C while Self-Employed?

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Yes - but not sure how to prove this?
I speak German and understand Swiss German. I've worked at a Swiss company for nearly 5 years and have a large network.

I am also a member of some local groups.
Subscription to Swiss news publications, membership in local groups and organisations, participation in 1 Aug and other local celebrations, knowledge of politics (communal, cantonal, federal), etc. Do you know your neighbours, the postie, the butcher, the baker and the ...

Not all of the above, but definitely some of the above.
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Old 19.05.2021, 18:18
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Re: Brit EU B Permit - transfer to C while Self-Employed?

It is not necessary to try to prove you are integrated based on arbitrary criteria defined on an anonymous online forum.

The term integration as per the law on foreigners and integration is a set list of tangible criteria, which you seem to fulfill:

1 When assessing integration, the competent authority shall take the following criteria into account:

a. respect for public safety, security and order;
b. respect for the values of the Federal Constitution;
c. language skills; and
d. participation in working life or efforts to acquire an education.

https://www.fedlex.admin.ch/eli/cc/2007/758/en#art_58_a
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