I’ve been in Zurich on a B permit for almost 5 years (Non EU, Canadian citizen) - combination of studies and full-time employment.
I keep reading that Canadians/Americans have some sort of special treatment when applying for a C Permit. In particular, Section 10.2 in this document - https://www.zh.ch/content/dam/zhweb/…igung%20IW.pdf
However, how does it differ from the regular fast-track C-Permit most other non-EU nationalities can follow? It’s my understanding that I still need to prove language requirements and that I’m well integrated.
Yes, it does. The fast-track C permit conditions are more stringent. It varies by canton but it's commonly required to have a B1 language certificate and e.g. in canton Zurich you need to have been continuously employed for your entire 5-year stay in CH (a break in employment for more than 3 months resets the clock to zero). Also if you're living with family they need to prove integration as well even if they're not yet eligible for the fast-track permit (A1 language, no debts etc.) in order for you to get it.
You OTOH can apply after 5 years with an A2 language certificate and without any weird requirements to your employment like above, just be able to support yourself financially somehow, have no debts, no criminal record etc. Also you're not required to prove integration of your family.
Although I think in my situation, I still won't be eligible to apply? I'll be exactly 5 years in Zurich this summer. 4 years of it would be study/part-time work and 1 year of complete 100% employment. All on B-Permits.
The document (in relation to the countries where Canada is listed) I linked in my first post says that "An die Fünfjahresfrist werden vorübergehende Aufenthalte wie Studien-, Praktikums- oder Kuraufenthalte nicht angerechnet." I'm understanding this as the 5 year special rule for Canadians doesn't apply if some of the years were for university studies?
So am I correct in my thinking that I would need to wait until summer 2024 to apply for my C-Permit? At that point I would be able to take advantage of the rule where university stays count towards the 5-year period if they are followed up by 2 years of full-time work.
Yeah, it looks that way. It's not that the 5-year rule doesn't apply, it does, but the 5 there is a number of years that do count towards a C permit to accumulate, and for the academic years to start counting retroactively you need to have spent 2 years on a non-academic B permit.
UPDATE: I was rejected for my C Permit because I did not have 2 years on a “regular B-Permit” following my studies. I have the 5 years in CH, but only 1 year on a regular B work Permit - they told me I have to stay 1 more year on a B before they can consider me for a C.
Where can I read about this distinction? In particular, I’m having trouble finding the legal jargon for the continuous employment aspect with regards to Canadians vs. other non eu nationalities. There are some impending layoffs at my company, so this is quite relevant for me. Especially curious as to whether I can apply for C if I’m on RAV, have an employment gap of >3 months or am on notice period/garden leave.