In light of this, I am curious about the implications for my C-permit if I choose to pursue this opportunity. Is it feasible to put my C-permit on hold during this period? Additionally, I would appreciate any advice on other options or considerations I should be aware of in this scenario.
I am currently in the midst of the naturalization process in Switzerland, but I have recently been presented with an enticing job opportunity in the United States. The U.S. company is open to the possibility of me working remotely from Switzerland in the future, but initially, they prefer that I join the team on-site for about a year.
With regard to naturalization, moving away from Switzerland during the process would stop it. How far along are you? Can you look up the average time for naturalization in your canton and decide whether it's feasible for you to wait it out? In my canton, the average time is 17 months.
Someone more knowledgeable than me will comment on the C permit issue. I do think being able to put it on hold is at the cantonal authorities' discretion.
Don’t think you’d be allowed to put the permit on hold. It’s usually only done for things like secondments where you’re expecting to come back within a few years. Taking a new job with a foreign employer isn’t the same thing.
Freezing the C permit is generally possible, job related reasons (and education) are the typical cases.
But Schwyz requires 5 years uninterrupted residence immediately prior to the naturalisation, a freeze will probably break that (enquire). You could shorten that wait by moving after your return (always an option with your C permit), IIRC Zürich for instance is Ok with two years only, but who knows what will happen until then.
Since working remotely is a possibility later on, might some version of commuting be possible? Read this document by Zürich (x-lation e.g. by Deepl). It’s a different canton’s regulation but the basis is federal law and its application, theoretically, the same in Schwyz.
Most noteworthy 4.2. (and following) with
"4.2 Repeated longer stays abroad
In the case of repeated longer stays abroad over several years, whereby the stays never lasted longer than six months, the question of the centre of life becomes the decisive criterion. As a general rule, foreign nationals must reside in Switzerland for at least six months within one year. Otherwise there is a rebuttable presumption that the centre of life has actually been abandoned. […]"
In other words the 6 months limit isn’t absolute and the authorities have leeway. It won’t hurt to enquire at your municipality or the canton if transatlantic commuting or something similar would be acceptable for a reasonably short time like a year, and what that would entail. Depending on the reply you get you may want a Verfügung on this, a binding ruling (akin to a court verdict) you can rely on, rather than a noncommital letter by some numpty clerk.
Hi Urs,
Were you able to freeze your C permit? What was the process to freeze it? Do they tell you that your freeze application is accepted at the time you de-register or do you just de-register and hope they freeze it?
Not the OP, but I had a C-permit and tried to freeze it while I was working in the US. Unfortunately, Basel Migrationsamt denied my request and repeatedly mentioned it was only for temporary stays abroad such as secondments or study abroad. Since my job was not a secondment, they didn't want to freeze my C permit despite my request stating I was on a temporary visa, was keeping my retirement accounts and bank accounts in CH, and was only working abroad temporarily to further my career.
As for the process: I unregistered upon leaving, then sent my request before I was gone for 6 months to the Migrationsamt in Basel. They lost it, I then enquired about it a year later and they then asked for clarification if I was on a secondment, and subsequently denied my request.
Urs Max is Swiss.
For freezing the permit, it should be requested before deregistering.
One of my colleagues recently asked for C permit freezing in Zug and the request was successful. She just had to go to the Migrationsamt, fill out a form (and pay 60 CHF or so for that). On the form, there were a few standard reasons, such as secondment abroad, study abroad etc. and a category "other". Her reasons were to spend more time with parents abroad and it was accepted. The important part was to write on the form that the planned duration of stay abroad is < 4 years.
As far as I know, the processing took about 2 weeks and came back with a confirmation that it was approved for the 4 year period.
When applying, they advised her that she should not deregister before the request has been processed. And if that was not possible from timing perspective, she should at least submit the request before submitting deregistration.
I think that different cantons have different interpretation of the rules on this Basel seems much stricter than some other cantons.
Also, freezing the permit is easier in the winter months, when temperatures are below zero
I don't remember being told about this in Basel, just that the request needs to be received by the Migrationsamt before you have been out of the country for 6 months. It was really quite frustrating and I suspect they denied my request because I'm EU and can quite easily move to CH again (They even put this into their email when they denied my request . I still have no idea what they were referring to with this and they did not elaborate when I asked for clarification.) Here is an excerpt from their emails to me:
Despite the fact that the law says that "in particular" (insbesondere) stays abroad that are time limited are to be considered for retaining the C permit, the Basel Migrationsoffice seemed to interpret that as the only criterion. In my initial request, I had stated that my visa is for 3 years, and then listed the evidence of my intention to return (keeping retirement+bank accounts, center of life/family in CH/DE), but no dice. The only thing they asked for in order to grant my request was proof of secondment.
If I had wanted to appeal their decision, I would've incurred costs with no guarantee that they change the decision.
Technically, the moment you deregister, your permit has been canceled (according to the law (AIG, par. 61). The freezing normally applies to permits that are "active".
Different scenario is leaving the country without deregistering and requesting freezing of the permit within the 6 month period.
Again, all depends on the flexibility/willingness of the canton immigration authorities.
My friend requested the freezing before deregistering. However, what she did was submit the request the same day as the de-registration (which was with a date some weeks later).
On the day you de-registered, your C permit was cancelled. When you requested for a permit freeze let's say 2 months after you left, there is technically no permit to freeze because it was cancelled already. I don't see anything wrong in the Migrationsamt decision
I literally posted excerpts from the email I received from someone at Migrationsamt Basel and they never had any problem with receiving my request after I had already left CH.