I’m an EU national living in Switzerland since 2015, with a student B permit until 2021, followed by a 6-month L permit, and then with a working B permit for over 2 years. I fulfill pretty much all the integration requirements for the C permit, but there is one issue: in 2022, my L permit expired as I was still looking for a job, so I had to leave for 2 months until my new job started (I was already interviewing with them when my permit expired). Would’ve taken a temporary job had I known about the C permit requirements, though for what it’s worth that period was very chaotic between the pandemic and a gravely ill parent.
I’m aware that the requirements are usually fairly strict that it needs to be 5 uninterrupted years, but also that there is a clause that a C permit can still be awarded under extraordinary circumstances. The language is fairly vague so I’m not sure how much leeway the institutions give themselves with those requirements in practice. Trying to prepare as much as I can before going to the Amt because it’s fairly niche and I’ve been given wrong information by some clerks before. Thanks!
The extraordinary circumstances are for those exceptionally well integrated. I know one example, a woman was awarded C permit after 2.5 years because her language was advanced, and she created a very popular verein in her village which received several positive mentions in local newspapers/newsletter.
If you fulfil the language and integration criteria then it’s just a matter of luck. Know people who’ve got an early C permit but they didn’t look exceptionally integrated or exceptional in any way to me. Go there and see what else do you need. (though you’re right, there is a great deal of incompetent clerks in the public administration) A suggestion if you allow - don’t make a big deal out of your 2 months gap, let them wrap their heads around it; do emphasise the criteria you meet.
I had a gap of not having valid permit for 5 months, but actual absence with deregistering and leaving, then coming back was 1 month, still got C after 5 years, but it was in 2017
It was before the last changes which added language requirement etc. Well definitely it was possible, maybe still it is, but the municipality has to have solid application to put the stamp on it.
I don’t believe it is possible since latest 2019. A “fast track” C-permit is now from 5 years onwards, and that is only if integration and language satisfied.
I went to the Zurich Migrationsamt, twice to be sure, and both times the clerks said the gap doesn’t count because I’ve now been working for 2 years with a B permit and I was here enough years in total when you count my studies (almost 9). I’m still a little skeptical (given an immigration lawyer told me otherwise) but I think I’ll still apply and see what comes of it. All the documents plus the application fee will be around 400.- so I’ll be annoyed if they end up rejecting it.
One caveat was I don’t think I deregistered from my Gemeinde when I left because I knew I’d come back soon, so that might’ve saved me.
so you’ve never left Switzerland, you were merely abroad whilst still living here
Remember for next time, you have to announce at your municipality that you’re leaving Switzerland, otherwise you’ll be still liable for everything, paying health insurance, etc…
Living in Switzerland is not like being in prison, you can cross the border for whatever reason
That’s not my understanding of the law on this. The canton’s website states:
Ausländischen Personen, die aus einem Staat kommen mit dem eine Niederlassungsvereinbarung oder ein Niederlassungsvertrag besteht, kann nach einem ordnungsgemässen und ununterbrochenen Aufenthalt von fünf Jahren eine Niederlassungsbewilligung erteilt werden, wenn die Integrationskriterien erfüllt sind und keine Widerrufsgründe vorliegen.
It’s reasonable to assume the “ordnungsgemäss” refers to a stay with a permit, which I didn’t have as my L permit had expired during this time. You could argue that as a EU citizen I could still stay 3 months there (not even sure that applies after a permit expires) but this never came up during my discussions with the Migrationsamt.
I see, so you’ve got a permit “gap”. I have no idea if it matters, but certainly you’ve been living here according to what you wrote so far.
Normally when the permit is about to expire the municipality sends a letter to remind you about renewal, but perhaps it’s not their responsibility to deal with “illegal” residents with no permit. I guess that would be SEM and police, but perhaps they didn’t act so quickly as it may happen that the permit renewal decision takes time so many people have such gaps…
Yes it is, because he implied that leaving Switzerland without de-registering / announcing definite departure was having now impact on his application.
This was exactly the question he has been asking and was given different answers by different people. Immigration office - “it doesn’t matter”; immigration lawyer “it does matter”.
I take it the immigration office will have the last word on this issue, which I predict will be in OP’s favour.
This is certainly confusing because of the language. Leaving Switzerland means crossing the border… departing from Switzerland or leaving definitely means an administrative procedure of leaving to live elsewhere… When he wrote about leaving Switzerland in the context of having a residency gap, I assumed he departed from Switzerland.
so you’ve never left Switzerland, you were merely abroad whilst still living here