Exactly, I’d just make a trip so that you clearly haven’t been out of the country continuously for 6 months. They can then take it up and argue with you if they detect it.
And? We’re taking about whether or not he would be automatically flagged when he returns.
I think it’s quite doubtful that anyone building software for a government system could actually write some code that would detect a legitimate Swiss resident with more than six months between departure and return from Schengen. Particularly when Schengen border crossings are not 100% recorded.
As the OP has maintained their residency by maintaining a residence, having the necessary insurance, and paying taxes he remains a legitimate Swiss resident.
The code would be very simple indeed. The only question is whether, without the EES being in place, they;d have access to the data required to run it.
I cannot even fathom a guess at how many ports of entry there are in Schengen. The vast numbers of false positives that would be found would tax the resources of immigration authorities Schengen wide. Big bunch of garbage in means a bigger bunch of garbage out.
Honestly? No, if/when they all get online in the new system it would be technically very simple to implement, just raise a flag for the immigration bod when your passport or Permit are scanned.
Whether the system would be reliable enough is another question dependent on every single Schengen entry and exit being correctly scanned. That is in itself is what would/will tax the resources, not the simple act of correlating entry and exit dates, which would in any case only be if interest to the Swiss authorities (or possibly with different parameters for some others).
Hello All,
I’d like to offer my $0.02’s worth …
First of all, there are privacy protection/concerns that would prevent a CH Gemeinde from pulling your travel data, unless they had/could show probable cause. The only thing they can do is ask for a ‘yes’/‘no’ answer from CH immigration/police/border control office around if someone has ‘violated’ the ‘residency’ requirements … Then you can contest that answer and … and …
On the matter of the B permit expiring … Since you live in Zurich, i would not ‘go poke the bear at the gemeinde’ …
If you live in a highly populated area in Zurich, i dont think this will be an issue at all … The gemeinde has much bigger things to deal with … specially in consideration that you have been ‘paying’ as if you live here, but only been gone for a longer period … the 6 months is more of a marker/line to gague if a permit has been abandoned or not … If they are ugly and stickler enough to use the 6 month rule to fine you, take your permit away to recycle to someone in the waiting list and force you back on the waiting list for a new permit, etc … of course you can appeal … but it’s a long and expensive process …
If you live in a smaller village, then be confident that your neighbours have noticed that one the ‘neighbours is missing’, specially if there was a relationship involved. This will generate ‘talk’ in the smaller local community. Better way to deal with such a situation, specially now that you are coming back, is for you or your OH to socialize with close friends/trusted neighbours and ‘slip’ that life has been hard (much harder than anticipated) since one of you has been away dealing with health care issue of family member for such a long time and that you are excited that the OH is coming back, after such a long trek, related stress in lives, etc. etc. etc. (Swiss vitamin B ;). Be confident that they are also wondering what’s going on …
Word will go around … Gemeinde will know (one of your neighbour’s friends/family works in or has close contact with the Gemeinde) … they are also human and considerate … if Gemeinde comes after you, push back and say this was family and ‘health’ issue, etc, etc. etc.
Specially in a smaller community, if they do get sticky, then socialize with the same people/friends/neighbours that Gemeinde is giving you both such a headache over such a simple human issue … set up and go have a conversation with Gemeinde and be human and part of the community … i’m pretty sure they will be considerate and accomodating, specially if there are family/health concerns …
In the worst case what can they really do??? you have a permit through your OH. OH is the primary person and unless you are working or ‘selbstandig’, address in your permit probably lists you as “c/o your OH”? Te primary person, your OH, has been a model resident. As the OH, you have rights too. They can not fault you for being human, having friends and family, dealing with life’s ups-and-downs …
And include the same friends/neighbours to the welcome-home party …
Just my thoughts … Cheers …
I might be wrong, but from what I recall, when you enter/leave Schengen, they stamp your passport if you are a non-EU citizen, right?
Only for tourists. Not if you have a residence permit, which is the case of the person asking the original question
Non EU have their residence cards scanned, not sure if the data is saved to the chip on the card.
I believe (google) that since 2019 there is no chip; and even if there was, I think it would be a WORM chip (write once, read many).
So without a stamp, and without EES being active yet… I really doubt this can be tracked. I also doubt the border guard would check the last exit from the whole schengen. They might ask “have you been away more than 6 months” at the border - but no clue as I’ve stopped using my British passport.
Not always the case Fatmanfilms. Last 2 times we’ve been over to the UK the French have stamped our passports even though I’ve given them our Swiss residence permits as well. Funny thing is they haven’t stamped them both ways; only either in Calais or Dover, not both. Weird.
Certainly not, for those of us that still have paper permits.
Is there anyone still with a paper permit? I thought they started phasing that out years ago now.
But if you drive out of the Schengen area your car will be registered via the vignette system. I think you’d have to walk somewhere in order to no not get tracked down. And even so!
My advice is to talk to the Gemeinde and see what he should do in this situation. I’d rather take the risk to start all over again with the residence permit and everything than to lie and pretend I still live here.
They’re not stupid.
(Edit: especially since OP is a British citizen and let’s face it, they don’t really have issues with obtaining permits etc…meantime someone else from a third country really needs that permit! ;))
They did, there are very very few paper permits left now.
My C permit is still the old paper one, yes. I think it depends on the Canton, some implemented it earlier than others. Mine’s up for renewal soon so I will see if they’ve changed yet.
They should all have been changed between 2019 and 2021 with all of them completed by November 2021 at the latest but covid happened and getting the biometric data became difficult so they got behind.
Most places started updating all of them once things returned to normal but a couple of cantons just did it as they came up for renewal so there are few people with paper permits issued in 2020 or early 2021 who will only change to plastic this year.
It was always possible to request one earlier though.
Sure, and I’m one of those few people.
Point still stands though, that no, the use of the chip on the ID card to store entry and exit details would not be feasible, although as others have now stated it’s not even technically possible even if we did all have the cards.
It doesn’t make much sense to store on the ID card, better to store on the central computer system.