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Old 09.07.2021, 19:08
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How is 6 months abroad calculated? B/C Permit

Hi All,


I'm just not finding quite the right answer to this, so starting this thread.
If a person is on a B permit, I believe they can leave Switzerland for up to 6 months, so 190 days would be a problem but 180 would be fine. If their B permit is renewed yearly in April, does that mean they can leave from say May 1st until say Oct 28th (180 days) in the year 2022 and then leave from mid January to mid Febuary (another 30 days) in 2023 and be gone a total of 210 days because each absence was in a different year, or is the 180 day limit from the issue of the permit until the expiration (the 12 month period it's valid for) instead of calendar years?


If someone thinks that B permits don't let you leave for 6 months, then just consider it a C permit and let me know if that's 6 months per calendar year or 6 months for the entire 5 year validity of the C permit.


Also, is this cumulative or just at once? So for the C permit could taking 4 vacations in 5 years that were each 2 months long (8 months total) cause a problem, or can one leave 6 months out of each calendar year without causing problems?


Thanks!
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Old 09.07.2021, 19:44
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Re: How is 6 months abroad calculated? B/C Permit

Both B and C permits are residence permits. They envision temporary absences our, for example, if an employer temporarily posts you overseas for a fixed period of time.

But you have to remain a resident, pay taxes and pay your health insurance.
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Old 09.07.2021, 19:49
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Re: How is 6 months abroad calculated? B/C Permit

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Both B and C permits are residence permits. They envision temporary absences our, for example, if an employer temporarily posts you overseas for a fixed period of time.

But you have to remain a resident, pay taxes and pay your health insurance.

I appreciate the comment and I'm aware of this. My question still remains though. I'm trying to figure out how these 6 months apply and how they are calculated. I'm not saying anything should be this way or that, just trying to understand how it is.
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Old 09.07.2021, 19:59
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Re: How is 6 months abroad calculated? B/C Permit

My understanding is that it's a rolling period - so if they look at the last 365 days at any point, you need to have been here for 183 of them.
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Old 09.07.2021, 20:52
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Re: How is 6 months abroad calculated? B/C Permit

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My understanding is that it's a rolling period - so if they look at the last 365 days at any point, you need to have been here for 183 of them.
That is also my understanding, and what I was told when I asked a similar question about 5 years ago... (I wanted to know how weekly travel back to the UK was treated)
Kind regards


Ian
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Old 09.07.2021, 22:46
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Re: How is 6 months abroad calculated? B/C Permit

It’s 6 months in any 12 month period as far as I know. So you could do 6 month out and 6 here. Or 1 out 1 here throughout the 12 months etc etc.
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Old 10.07.2021, 22:44
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Re: How is 6 months abroad calculated? B/C Permit

But still any rolling 12 months period
...
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Old 11.07.2021, 01:32
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Re: How is 6 months abroad calculated? B/C Permit

Subject to interpretation on a case by case basis



The laws are https://www.fedlex.admin.ch/eli/cc/2007/758/de https://www.fedlex.admin.ch/eli/cc/2007/759/de#art_79



The relevant bit for your case: "Die Fristen [6+ month period absense] ... werden durch vorübergehende Besuchs‑, Tourismus- oder Geschäftsaufenthalte in der Schweiz nicht unterbrochen." - your stay from Oct 28 to mid January in CH is irrelevant if deemed to be for tourism/visit/business purposes, rather than with the intention of staying long term, they can still kick you out.
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Old 11.07.2021, 01:36
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Re: How is 6 months abroad calculated? B/C Permit

In particular, if you keep working for same foreign employer before/after your trip to CH, and return to work to them, that's a strong indicator that your trip was just a temporary visit to friends/family/whatever, rather than a proper long term Aufenthalt. And thus you're still on the clock to having your permit revoked, CH trip merely pauses it but not resets
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Old 12.07.2021, 15:49
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Re: How is 6 months abroad calculated? B/C Permit

It is indeed <180 day on rolling 12 months basis, not calendar year
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Old 12.07.2021, 17:30
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Re: How is 6 months abroad calculated? B/C Permit

As I understand it is how it is written. No continuous period greater than 6 months, where short stays are not considered to break that period. There's no need to specify a time-frame.
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Old 13.07.2021, 09:21
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Re: How is 6 months abroad calculated? B/C Permit

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It is indeed <180 day on rolling 12 months basis, not calendar year
Wrong, that's totally not what the relevant law says. Maybe you're confusing it with some tax laws, well guess what - those don't govern residence permits. AIG does.


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As I understand it is how it is written. No continuous period greater than 6 months, where short stays are not considered to break that period. There's no need to specify a time-frame.

Correct. The tricky part is what constitutes a long enough stay that would break the continuity - ultimately it's subject to interpretation by a governing authority.
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