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Old 27.05.2021, 09:49
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Academic 10 Years C Permit

I'm Non-EU (Canadian), I've been in Switzerland for just short of 10 years and I've stayed in academia (I'm a researcher). VINTA doesn't apply for me and my years don't appear to count. I still have a few years on my contract and I just realized that at 10 years a foreigner I may actually be able to apply for a C permit according to the FNIA Article 34:

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

I speak and write German and will test out for C1 later this year but I know that on the early permit there is a clause that prevents the years as a student (and also as a postdoc) from counting unless the individual becomes employed in a non-academic setting for 2 years.

The question is, does that clause apply for the 10 year C permit application?

Article 34.2.a: Foreign nationals may be granted a permanent residence permit if they have resided in Switzerland for a minimum of ten years in total on the basis with a short stay or residence permit and have held a residence permit without interruption for the last five years.

But...

Article 34.5: Temporary periods of stay, in particular for education or training (Art. 27), do not count towards the uninterrupted period of stay in the last five years in accordance with paragraphs 2 letter a and 4. Periods of stay for education or training (Art. 27) are included if the person concerned, after their completion, held a permanent residence permit for an uninterrupted period of two years.

That text kind of implies that I will never be eligible for a C-permit, no?
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Old 27.05.2021, 12:08
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Re: Academic 10 Years C Permit

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That text kind of implies that I will never be eligible for a C-permit, no?
Correct unless you:

1a. Obtain a quota-based, non-EU B working permit through your own merit in a non-academic field or
1b. Marry a Swiss or a foreigner with working rights and subsequently obtain a family reunion B permit

2. In either if the above cases if you wait two years, your time on a student permit will retroactively count towards C

If you wish to stay in academia, aim to become a full or assistant professor of a higher institution receiving public funds and you will directly be issued a C permit upon appointment
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Old 27.05.2021, 14:05
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Re: Academic 10 Years C Permit

Yeah, per my understanding if you have been on an academic (Ausbildung mit Erwerbstätigkeit) permits the whole time you are unfortunately screwed.

It's interesting though because usually Switzerland imposes a hard limit of 8 years in total that non-EU citizens can live here on such permits. How did you manage to stay for 10 years if you don't mind me asking?

My friend at Uni Bärn got into the same situation after 8 years, he's not on the professorship track but the department wanted to keep him very much so they fought for him and managed to get a 2-year "normal" L work permit which will be enough to bridge the 2 year gap to 10 years and then hopefully he'll get a C if the 2 years on L make the student 8 years count retroactively.
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Old 27.05.2021, 14:31
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Re: Academic 10 Years C Permit

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Yeah, per my understanding if you have been on an academic (Ausbildung mit Erwerbstätigkeit) permits the whole time you are unfortunately screwed.

It's interesting though because usually Switzerland imposes a hard limit of 8 years in total that non-EU citizens can live here on such permits. How did you manage to stay for 10 years if you don't mind me asking?
.
AFAIK the authorities are incompetent and I've slipped through the cracks, or there is a massive misunderstanding of the law by us Ausländers. I am aware of that rule, as was my workplace, and it brought me a lot of stress when I applied for the permit after my 8 years, but everything worked out. But it's one of the reasons I haven't requested a C-permit or made any petition.

But yeah, Ausbildung mit Erwerbstätigkeit B for short of 10 years now. What a stupid remark though that Ausbildung, I'm supervising PhD students and lecturing at multiple universities in multiple languages; Ausbildung sure .

Should they revoke or not renew my permit, the plan would be to get a "research position aka, senior scientist et al." or something along those lines and to keep my same role. But I've always wondered what type of permits those researchers actually have, when it's not a C.
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Old 27.05.2021, 15:43
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Re: Academic 10 Years C Permit

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My friend at Uni Bärn got into the same situation after 8 years, he's not on the professorship track but the department wanted to keep him very much so they fought for him and managed to get a 2-year "normal" L work permit which will be enough to bridge the 2 year gap to 10 years and then hopefully he'll get a C if the 2 years on L make the student 8 years count retroactively.
I thought years on L permit didn't count towards C
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Old 27.05.2021, 16:03
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Re: Academic 10 Years C Permit

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I thought years on L permit didn't count towards C
In general no but depends on cantonal practice for non-EU graduates of Swiss universities.

SEM guidance says if the L was issued to the non-EU Swiss uni grad immediately after graduating solely because quotas were run out and they had an open-ended contract then the stay on L can be considered for C (as well as the student years retroactively) after the 2x mandatory L years.
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