Dear community,
I have lived in Switzerland for almost 10 years (by September). I have had B permits from 2013 to 2021 as a master, PhD and post doc. In 2021, I got a 2 year fellowship in a company where I was changed to an L permit for two years. I got a 1 year contract extention
1) I got an renewal form for the L permit, is it possible to get an L permit for a third year?
2) Since I am almost at the 10 year mark, can I appply for a C permit regardless whether I get an L or a B permit this time around?
Cheers,
H
Yes, it’s possible to get an L for more than 2 years. It depends on your contract duration.
Yes, so long as you have lived in Switzerland for 10 years on either an L or B permit you can apply for a C providing you meet the other requirements.
Unfortunately not. For permit C you need to have a permit B. Even more, you need to have permit B continuously for at least 5 years.
Art 34 FNIA
Information from Canton Zurich in German:
https://www.zh.ch/content/dam/zhweb/…igung%20IW.pdf
Information in French from Canton Vaud:
https://www.vd.ch/themes/population/…tablissement-c
@Medea, please, please, cross check your answer with the law, the cantonal information, and the SEM Guidance before your post it. Even if you think you know it.
Guess Legal Expat is wrong then.
"The C permit is granted on request of the applicant on two conditions:
If the applicant has lived in Switzerland for at least 10 years on a B or L permit (permits N, F are not taken into account) and if the last 5 years have been spent in the country without any interruption (art. 34 let. a LEI).
If there is no reason for the permit to be refused (criminal record, debts, threat to national security)."
[https://www.legalexpat.ch/swiss-perm...ruption%20(art](https://www.legalexpat.ch/swiss-permit/permit-c/#:~:text=The%20C%20permit%20is%20granted,country%20without%20any%20interruption%20(art) .
I admit I thought L permit years didn’t count, but couldn’t remember which website to check for it so googled. I’m getting older by the day.
I think Medea is correct (even in the PDF from Zurich canton section 4.1.1 says this).
stays on L permit are counted towards C permit if applying after 10 years.
its only if someone wants an early C, then the conditions of continuos employment for the last 5 years and having a B permit apply.
additionally, there is the language requirement (i think A2) for requesting C permit after 10 years.
cheers
happycreature
No. 4.1.1 Zurich brochure, does not say this. Neither do the other sources I linked.
Art. 34 FNIA I linked
Note: short stay == Permit L, residence permit == permit B.
From the Vaud website I linked
From the Zurich brochure I linked
From the SEM Guidance I have linked, which mentions an exemption from the rule, but it does not apply to OP has they had term limited employment contracts:
Law and diirectives are quite clear. Temporary stays (stays with L permit, stays for studies, and with L permit) can count towards the first 5 years of the 10. The last 5 years have to be continuous and with a B permit.
However, there is then an exception which may apply here : Study years can count towards the last 5 years, if followed by 2 years of B permit or L permit that can be considered as long term (because of a permanent work contract for example). See previous post for source.
Now, your work contract is not permanent, so that probably doest apply for you. However if you so get a B at your next renewal, they may consider retroactively to count your student and L permit years as long term.
In principle, they're not supposed to give you L for more than two years, that is also explicitly not allowed, particularly for the same job. After two years you're supposed to leave, and then after a cool-down period, you're eligible to get an L permit again for another job.
Have a more technical question for you...
If my Permit B (studying and working) ends say June 30, and I being to work Aug 1. Would this no longer count as continuous B? Must I start on July 1 to ensure that it is "continuous"?
I am Canadian, and need 2 more years of B to get Permit C, if that matters.
L permit years counted towards the 10 years for my C Permit.
We were told we needed a longer than 1 year contract for a B Permit. I complained on our second L and a 1 year 3 month contract under the EU Movement of People / Freedom of people (?) laws I found in a brochure at the Permit application place. Should have been issued a B Permit under these rules. With an L Permit I could not work (I am non EU). Back of my permit said "Without work". We were reissued B Permits.
Thank you @aSwissInTheUS for the links and detailed reply. Also thanks Medea, LeTromboniste, and HappyCreature for your input. I will keep you posted about the situation if it helps someone in the future
Thank you CH_Me. Can you please elaborate more on the composition of your 10 years?
You could work with an L permit, it just needed authorisation from the cantonal authorities to allow it.
“Family members of a holder of a short-term residence permit (Article 26 OASA) do not enjoy the right to exercise a lucrative activity. The exercise of a lucrative activity is subject to authorization. Upon admission, a request from the employer respecting the remuneration and working conditions in use in the locality and branch must have been submitted. In addition, members of the family of a holder of a short-stay permit (Article 26 OASA) must have professional qualifications (personal qualifications, Article 23 LEtr).”
https://www.sem.admin.ch/dam/data/se…aug-kap4-f.pdf
I recommend you talk to your local town. They will certainly advise you on the right process and what 'counts'.
The rules changed substantially a few years ago - I think 2017.... making it easier for some and harder for others...
Our local town hall is very helpful with these matters and certainly very well versed in the current rules. In fact, they processed our son's application for citizenship, in the two days between his birthday and when the rules changed.... to allow him to apply under the old rules.... mostly at that time because the cost was going to go up substantially.... saving us the money....
1 year L, 4 Years B. Then applied for Permit C as a family and I was told I had to wait 10 years as I was non-EU. I then applied to get the C Permit earlier than 10 years and it was successful.