I have been (still until divorce) married to a swiss national for about 5.5 years and recently qualified for a C permit which i now have through the familien route. We are now going to separate because we have been fighting and arguing alot the last year and she have decided to go back to her dads to live and already sign the paperwork at the geminde office saying we are separated.
My question is can i loose my C permit? Also i was going to start the process of facilitated naturalisation but not sure if i will be able to considering we are separated and will be divorce before the end of the year.
Also will be traveling for work for 6 months starting in the next couple week and when i am back will be moving from canton solothurn to Zurich. Does this mean i will have to do back a total of 10 years or 5 years.
Spouses and children over 12 years old who have come to Switzerland under the family reunification scheme obtain a settlement permit after five years of continuous residence in this country. They also have the right to settle in Switzerland following a divorce or after the spouse’s death."
You will not be able to do facilitated naturalisation via family reunification, but if you’re integrated enough you might be able to apply for facilitated under the VINTA law.
This is wrong. VINTA pertains to admission and residency of foreigners (federal law on foreigners (LEtr), federal law on asylum (LAsi), ALCP, and relevant ordonnances). The facilitated naturalisation of foreigners is regulated by the federal nationality law (LN) and the relevant ordonnances.
Unfortunately, you are therefore unable to submit an application for facilitated naturalisation under art. 21 LN due to art. 10 al. 1 OLN.
As a rule of thumb: As long as you're not collecting social benefits (Sozialhilfe) you should be fine regarding the C permission if the marriage wasn't a scam from the start. Obviously, forget about getting the Swiss passport through the easier path (Federal) at this stage. You'll eventually - if you match your Kantons and cities requirement - be able to go through the regular naturalization, but that will take quite some years (and yes, as you suppose already, changing Kanton isn't helping on that process)
Going abroad for 6 months at this time might look rather "fishy" to them, but if it's your employer sending you somewhere (they can provide you with a letter telling so) then that won't raise any more red flags (than you've already raised) on top.
It all really depends quite a bit at this stage how much integrated you're, how well you're on the job, basically, if the Swiss authorities think you'll be a worthwhile addition to Switzerland at this stage - or not.
A word of caution - don't simply de-register to go abroad or you will lose the C permit. Let the authorities know you're going for work (I assume your company is sending you) and ask for the permit to be put on hold.
From what I've read, if you don't have the permit put on hold, normally you can only be out of the country for 6 months or you lose the permit. During that time the permit is not on hold, you still have to pay your health insurance, etc.
thanks for the replies. my marriage was not a scam, in fact we were madly in love and wanted to this work. the problem was i worked to much and so hard to provide for my family that i spent more time providing and not enough time with them. i think most men are guilty of this.
i would like to stay in the same canton when i come back instead of zurich but its only the city lights thats attracting me to it when truly i would like to be close to my little girl here in solothurn.
Nobody is accusing you of a sham marriage, and from what you’ve said here I don’t think the authorities will think that either.
If you make the appropriate arrangements, you’ll be able to retain your C permit. Being in possession of a C permit will let you continue to reside and work in any canton of your choice.
Generally true but there are exceptions to this rule. Broadly speaking if your intent to return was clear from the start the permit C may be re-instated upon request if the request is sent in due time. However there's no right for that to happen. The details are TLDR; see here (in German, sorry) if you're interested.
Important to note though:
You can request for the permit to be put on hold at any time before the 6-months limit has been reached. Where applicable/necessary the request postpones the "permit C is void after 6 months abroad" rule until it's been decided on. But of course relying on that would be a bit like playing Russian Roulette.
I agree, yet the key word is may , which means it's up to some municipal/cantonal/federal worker to decide. The timing could look odd to the fussy authorities if he doesn't ask to put on hold up front.
OP only recently obtained the C via family reunification. The whole point of a C permit is that you plan to stay here long-term. Now in OP's case unfortunately the couple is splitting up and OP is leaving the country for 6-ish months.
When I requested a C permit, my spouse had to sign my paperwork too, certifying we were still married, still living together, and no plans to divorce. Not sure if OP had to do that, but it's something to keep in mind. Better to get ducks in a row before he leaves.
Keep the stay abroad to under 6 months to avoid any issue with the permit. A stay out of the country of under 6 months does not have to be notified to the authorities.