I would like to know if it is possible for me to get a C permit.
I am an EU national (2 nationalities, arrived as non EU, later changed permit to EU, arrival date stayed the same), came to Switzerland with my non EU husband and 3 kids. He came for work and through that we got family reunification B permits. It has been 4 years and I would like to get a C permit as soon as I hit 5. Can I do it if my permit was obtained through Family Reunification? Can I get a C permit for my kids (EU)?
We are currently separated, I am employed, and will soon start divorce proceedings abroad, it will probably not be ruled before one year. I am well integrated, speak French, Italian and B1 level German. We were married long before we came here, and stayed together more than 3 years after arrival.
I know my case is very particular, so any leads will be appreciated.
As an EU national you have a right to live and work freely in Switzerland, so for sure you should be able to switch to a B permit on your own merit without any issue.
As for whether the years under family reunification count for getting a C permit independently without the spouse getting it first, I'm wondering the same thing for myself. I know people who have received contradicting information from their migration office, and have been told sometimes that the main permit holder must get C for the spouse to get C, that the spouse can't apply on their own based on a mix of years with family reunification and years under their own merits. The law and the directives really don't say anything clear about it. But I found something in a jurisprudence case they quote in the directives.
In that case, a man from a non-EU country who stayed in Switzerland on his own merit, and then got married and got family reunification B permit for 4 years, was now divorced and so lost his permit and was ordered to leave. He appealed his expulsion from the country and claimed the right for a C permit because the rules at the time said spouses of Swiss nationals were eligible after 5 years, and he had been in Switzerland more than 5. The Court ruled against him, saying that his prior years on his own didn't count towards the 5 years anticipated C permit based on marriage, and so he could only claim the 4 years where he was married. The court adds, however (and that's the important bit for us) that his years with family reunification would have counted towards the 10 years for the normal application, but that since he had not been in Switzerland for ten years, it was a moot point.
Now, a national of a country with a bilateral agreement that makes the normal delay 5 years instead of 10 might be able to argue that family reunification years must count, based on that jurisprudence.
Thank you for your reply and that case,. Yes, that is why I have doubts, since my permit is not standalone. Maybe I should get my own B permit first? could one go from family reunification to an independent permit?
I have not found information on that. I would really like to get a permit of my own...
His nationality is not US nor Canadian, so I don't know if he could get the C permit without the full 10 year wait
Mmmh as Croatian, you are subject to quotas until 2023, and priority for the job market must be given to Swiss nationals. I'd check with the migration office what they say...
Your spouse could apply for anticipated C permit after 5 years, which is contingent on particularly good integration.
I agree with all of this. You are Croatian and therefore not full EU yet. You have all the requirements for an early C permit, does your spouse? If he does and is willing to do this, it is the easiest way for you to proceed... if he still lives in Switzerland.
When we applied for early C permits (non-EU for Switzerland at that time), the requirement was that the whole family meet the integration requirements. We did and all got the early C upon applying for it at 5 years (I was the main permit holder).
If you get divorced before 2023 and are on a dependent B, I am not sure what happens; chances are good you'll be allowed to stay here, but I don't know what hoops the authorities might make you jump through.