I did a research on the forum but couldn't find any answers. I am an EU national from a neighboring country and therefore speaking fluently a local Swiss language.
I've been in Switzerland for almost 5 years and have a B permit. I've always been gainfully employed for the past 5 years and meet the criteria required to get the C permit according to the Zurich Migration Office document I read. So I would like to apply for it instead of renewing my B permit.
I live in Zurich but work in another canton. Now I intend to resign from my job as I'd like to become a contractor and not a permanent employee anymore and I have no choice to resign as I can't accept a contract on short notice in my current situation.
My questions are: How early can I apply for my C permit? I read somewhere that you can apply 2 months before a B permit expires? Should I apply in the canton where I live or in the canton where I work? What if I intend to quit my job, can my employer refuse to stamp my form to confirm I am gainfully employed if I've handed my resignation letter?
Hi, I am not an expert in any way. However, happy to share my experience for ZG canton.
You cannot apply here until you have reached the renewal date. The process took ca one month
I managed to get my C permit despite being unemployed (employer's decision ca 3 months earlier). I was able to demonstrate German B1 passes with the Geothe Institute but I was initially told it wasn't possible. After submitting the papers for the B permit renewal (with my GI passes), the very same person phoned me and told me that because I was only recently unemployed I could apply for the C. Confusing but hey!
Setting up a GmbH has been a doodle as I have the C permit. I do not imagine it would be so easy with a B permit.
If you can, hold on a bit longer and get your C permit. The employment market (before Christmas) is very buoyant and there are lots of remote opportunities which I don't imagine will dry up overnight.
In canton Luzern I applied for C after 8 years of living here, 3 years after my permit B renewal and 2 years before I should do it again, so more or less in the middle of any official period.
My reason was applying for a job that demanded C, I had to wait for approval almost half a year (I forgot the exact time). Approval was completely straightforward, I brought in all the papers and got the permit and bill for expenses home when it was ready. I got the C without any question, but I was too late for that job
So, i guess, just go for it, there is not much to loose.
The OP is a citizen of a neighboring country to Switzerland. These would be: Austria, France, Germany, Italy and Liechtenstein. For purposes of an EU/EFTA-C permit, there are residence permit (C) agreements with these neighboring countries.
The question then is whether intentional unemployment to become self-employed would be grounds to deny an EU/EFTA C permit. The answer might be found on whether the immigration authorities would still consider the OP to be economically integrated. To the extent that the OP is eligible for RAV unemployment compensation, the answer might be yes. This is a translation of the requirement:
"Participation in Economic Life and Acquisition of Education:
Foreigners should be able to cover their living expenses through income, assets or benefits from third parties to which they are entitled (e.g. AHV and IV benefits as well as unemployment benefits ). Those who receive social assistance generally do not meet this integration criterion."
Usually in Zurich you get a written invitation for the renewal of your B permit, more or less one month before the expiry date. They will ask you to call and book an appointment within 15 days.
The request for the C permit will be done during the B renewal interview - either you write by hand "Ich möchte eine Niederlassungsbewilligung erhalten" on the B renewal form, or they do it on the spot if you ask for it.
If you satisfy the requirements you will (likely) be told during the interview - actually for citizens of an EU neighboring country it's more like a document delivery event than an interview. After two weeks you'll get your credit-card permit by mail.
I was gainfully employed when I got my C, so I don't have experience of unemployement. If I were very close to the 5 years I would wait one or two months, just for peace of mind.
Thanks for the links. I see social assistance and unemployment benefits are not the same then, this was my worry. I would be entitled to RAV if I left my job, with a 3 month penalty though.
However I believe it could be negatively perceived if I apply for my C permit just before I resign.
I've been living with my Swiss partner for some time now (who also works) and I'm settled so I doubt this would be a problem but I wanted to check before handing my resignation letter.