C permit renewal after divorce (Non-EU)

Dear All,

I have received my C-permit beginning of 2022 (Fast-track). My husband (soon to be ex) got his C-permit a few months before I renewed my B-permit so it was probably the reason why they also considered me for a C-permit. I actually didn’t apply for it and just received a letter that I could get my C-permit. I also didn’t submit a language certificate but I am always speaking German when I visit the Gemeinde or the Migrationsamt. The C-permit says: Familienmitglied EU/EFTA.

My husband and I are already living separately since end of 2022 but we haven’t filed the divorce yet and we plan to do this next year. We are married for more than 5 years. We are in good terms but we have decided to end our marriage.

My questions are:

  1. Am I still allowed to stay here when we divorce? I’ve read articles that with the C-permit, I should be allowed to stay but wanted to ask if somebody here had been divorced , and non-EU and was actually granted a C-permit again?

  2. Do I need to submit a language certificate? Is this a requirement for the C-permit renewal? I speak German (not super fluent but good enough to have decent conversations). I studied until B2 but never really took a language exam.

I live in Zürich city and thinking of moving next year to another Gemeinde just outside the city of Zürich. I also have a stable job and employed for almost 10 years with the same employer. I don’t have any bad records also.

Thank you for your feedback!!

You should be okay.

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Hello @MedeaFleecestealer , thank you for your feedback! Appreciate it!! Do you think I should still take a language test or will they just renew my permit automatically without it? Btw, we don’t have kids and I won’t be needing his financial support. It’s just the permit that concerns me since I am not from EU.

I’d say it would be a good idea to get it as it shows you’re working on integrating into the Swiss community. Also check with your canton immigration office to see what they have to say.

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Agree with Medea - get the language certificate as it can only help you long-term if you wish to stay here.

As you’ve been here for 10 years, you’d probably be eligible to apply for an independent C permit even if they didn’t want to renew this one. Once you have the C permit and the required years of residency in CH, you can then apply for naturalization (if that is something of interest to you).

Is there any reason to think that a language certificate is required? I can’t see anything suggesting that the circumstances of the divorce will make any difference, the C permit will just be renewed in 5 years as per normal.

And apart from the initial C permit, or a possible eventual nationality application, what would be the point of getting the language certificate now?

I didn’t say it’s required, just that it could be a good idea. A language certificate is normally required to get the C permit in the first place, so it seems like ladybug might have slipped through unnoticed. At renewal time, the authorities might take a second look and ask for one since the initial C permit was a dependent one and ladybug is non-EU now seeking an independent C.

You’ve been in Switzerland long enough to know that “might”, when it comes to the rules, is not a thing here. you either need it or you do not.

There are loads, probably tens or even hundreds of thousands, of C permit holders, including myself, who never needed a language test in the first place, simply because it was not a requirement where and when we were granted the permit. The fact that relatively recently it has become a federal requirement does not apply retrospectively.

As it happens, I’ve just renewed mine for the, oh probably fourth or fifth time, I lose count. This time I had to go down (just yesterday) to Monthey and get photographed and fingerprinted to get the new plastic card biometric version. Up until now it’s always been the old-fashined paper jobby. Should be in the post in a couple of days.