I am non-EU(US/Canada), living in Canton Vaud for over 9 years. I did my Bachelor and Master at EPFL and currently have a 2 year B permit that will expire early 2022.
I have had a study B permit (7 years), then an L permit (7 months) for job search after graduation + started working then a 1 year B permit and now my current 2 year B permit.
Per my understanding and according to Art 34 in https://www.fedlex.admin.ch/eli/cc/2007/758/en , I can apply for a fast track C permit as soon as I have 2 years of B permit after my studies. Would the 7 months of L permit be considered a discontinuity ? Can I apply for the C permit while my B permit didn't expire yet ?
The LCF on my current permit is counted 5 years after my first work related B permit. It sounds like they considered me a fast track C permit but do not acknowledge the years of studies until I account for 2 years of B permit ?
From my experience, the L for job search is fine for the fast-track permit C..
You can already apply when they send you the notice for expiry/renewal of your current B. They will only consider the application after 2 years on the "normal" B permit.
Be prepared to demonstrate that you are integrated. Not only the language, but that you participate in Swiss life; join local clubs; know your Swiss neighbours; understand the local politics; know how the government works; etc.
In that case; I will need to wait 1 year until I can apply for the C permit since my B permit expires in 2023. It is not possible to apply at any time ? I cannot find any references to apply for C permit in Vaud.
You can apply at any time, but a minimum of 2 years on a non-student/non-job-search B permit is required to make the previous years count (for both fast-track and the normal 10-year C permits).
You could apply a couple of months before your 2-year mark (near the end of your current B permit, once you near the end of the 2nd year), but they only consider it once you have 2-years on the normal B permit.
All the usual documents should be submitted as well when you apply (language certificate, no social help certificate, no poursuite, I also added a reference letter and motivation letter for good measure).
(This is from my experience, but you should check with the canton if you want to be sure.)
Yes, the rule is actually not 2 years with a B permit but two years with a permanent permit. There is an exception where they say something like (sorry don't have the exact reference at hand): years with an L permit can also be counted if it is a permanent stay, for example if you have a permanent work contract or if it is clear between the migration office and the applicant that the stay will be permanent and not short term.
I do have a related question I meant to ask - don't want to hijack the thread but it's connected.
Can those two years with a B permit (or "permanent stay" L) be with a family reunification permit (I.e. You study 3+ years with a B permit, then immediately switch to family reunification)? I can't find anywhere in the law or directives that the years with family reunification don't count, but I also couldn't find it clearly written anywhere that they do. A couple of friends in that situation have received contradictory information from two officers at the same Migrationsamt.
Oh! To the OP: you do not need to apply for fast track. Switzerland has a deal with both Canada and the US that allows us to apply through the normal process after 5 years instead of 10. I.e. You need 5 years uninterrupted stay (study years count if followed by two years of a "permanent stay"), and you don't need to fulfill the "particularly well integrated" criteria for fast-track, only the normal integration requirements for the normal C permit (for language: A2 oral, A1 written, whereas fast track is B1 oral, A1 written)
Chapter 3.5.2.1 of the "Directives sur le Domaine des EĢtrangers" is where the requirements for getting a C permit are explained in details. One of the sections is about the EU and non-EU countries that have bilateral reciprocity agreements with regards to permanent residency. For Canada and the US, it's not a right as it is for EU nationals, but you can request to have it after 5 years.
Chapter 0.2.1.3.3 also stipulates that the duration for Canada and the US, determined by the agreements, is 5 years, but that unlike EU countries, we do have regular integration and language requirements (for the EU countries they have agreements with, they can't deny a C permit unless there are reasons equivalent to motives for revocation)
Hello all, I can confirm this is possible and my C permit was approved with this exception. As stated above, minimum requirement is A2 oral, A1 written.
A normal B permit during the preceding 2 years (not a student/post-doc B permit) would still be a requirement for US and Canadian citizens applying for a C permit after 5 years, if I am not not mistaken.. (at least I know a US citizen who was rejected because of this)
In looking at Chapter 0.2.1.3.3, I'm reading this as "integration criteria (including language requirements) apply"...and when they describe the requirements in 3.3.1.3, I see B1/A1 required, without an exception noted. Am I missing it, or misunderstanding?
Yes fast track is B1/A1, but normal C permit requirement is A2/A1. C permit after 5 years for US/Canada citizen is not fast-track; there is a bilateral agreement with those (and a bunch of other) countries. There would be no point in having those agreements if the conditions were simply the same as the fast-track application, which anyone who fits the requirements can apply for anyway.
I think the "integration criteria apply, including language requirements" note is to differentiate it from deals with certain EU countries, where the language requirements do not apply at all.
I appreciate the clarification regarding the language requirements...and I'm glad to hear that this has panned out for others! I was working under the assumption that B1/A1 was required, so this is great news.