I am a non-eu. I applied a month ago for early C-permit in Basel stadt. I have met all the pre-conditions.
Any recent experience on the the processing time taken in basel stadt.
Do we receive any letter or Directly the permit, if approved?
Best!
Hello Experts,
i got my c before 5 year non eu asian canton bern they send me letter after my 4 years b but that time i had no german test than after 4 years i did test which i passed without going to school i have c for like 3 months now and i was also married to schweiz frau sadly after 7 years of marriage we are getting divorce no child involved thank god
Hello!
So, after waiting for 11 weeks I received a rejection for early C permit from Basel Stadt, stating I have not lived in Switzerland on B permit for 5 years. My stay on L permit is not counted. I am non-eu
Reason quoted as below
Die gesuchstellende Person besitzt seit fünf Jahren ununterbrochen eine Aufenthalts- bewilligung: Bei dieser Frist werden frühere Aufenthalte oder auch solche vorübergehende Natur in der Schweiz (Ausbildung. Studium, ärztliche Behandlung, Kur, Kurzaufenthalte usw.) nicht mitgezählt. (vgl. Art. 34 Abs. 5 AIG) oder der Aufenthalt mit einer Kurzaufenthaltsbewilli- gung einen dauerhaften Charakter hatte (z. B. durch einen unbefristeten Arbeitsvertrag oder wenn die Behörden und die betroffene Person von Anfang an vom Daueraufenthalt ausge- gangen sind).
However, I know several of my friends same as me received C permit but in Zurich.
Why does the interpretation varies from canton to canton? Sure they can interpret the way the like, but still
Should I appeal with the help of lawyer and any contacts of lawyer in Basel?
Best!
C Permit is not Kanton dependant. The rules are fairly consistent and straightforward-forward. You can of-course challenge this decision but the point you have highlighted has been applied consistently....check the forum
With same, you mean: Same nationality, same employer, same contract, same time on L, and how long ago did they change from B to C? Or in other words: What else is not really the same apart from canton of residency? And specially have you had alway an infinite contract?
My friends received couple of months ago in a week after applying. They have same contract/employer for last 5 years (2 on L and rest on B)— i.e. not open ended!
My friends hired a lawyer not me though yet.
I have open contract from beginning of last years and I moved from zh to bs beginning of last year.
Same nationality as well?
Please note there is no right to an early C permit.
— yes
Did you had any break between L and B permit?
Was your L permit with unlimited work contract?
There could be a leeway for counting years on L permit. Official SEM instructions, as far as I can see, only cover the topic of counting student years followed by L permit with long-lasting reason behind this permit. But I don't see clear instructions how years on L itself should be counted. And there is nothing about standalone L - only in connection to previous permits.
And if the current canton doesn't have a practice of giving L for indefinite contracts (which is itself a bit contradictory and canton-dependent), the chances to have it counted will be even lower.
No break in between L and B. It was service based company where i was a permanent employee but the permit was dependent on with the client.
So if C is not granted, you continue to have your B?
If the conditions for a B still apply, yes.