Dear all, I wanted to ask you feedback on the following situation. Briefly checked the existing threads and couldn't find the relevant information.
I live in Switzerland with family and kids since 2016 on permit B. All time we lived in canton Zurich, since 2020 in geminde Kusnacht, worked at the same company with unlimited contract and kids go to public school.
Now it is time for a permit B renewal (current permit expires in July 25), we received papers recently for B permit. Today we submitted forms for renewal in geminde Kusnacht and asked for early C permit. The lady made a relevant note in our forms and told us that Migration office will contact us via post after reviewing our files with the list of required documents and next steps.
The first question is what is the likelihood of getting early C permit given that I always had a permanent job, we never applied for social benefits/support and kids are well integrated in the society. I was told that in such cases the approval is almost guaranteed.
The second and more important question is regarding language requirements.
My wife has FIDE test (B1 speaking and A2 writing) which qualifies for minimum requirements for non EU Permit C.
However, I have FIDE test with A1 speaking and A2 writing.
As a general rule it is not enough but I heard some opinions that it might be enough since one partner in the family fully qualifies and the second partner can have a lower level on German.
Also wanted to understand what is the processing time and how much time I will have to submit language test after the post from Migration office.
I am considering to retake the speaking part of the exam soon. I am confident that I will get A2 level but not sure if I can get B1 within 1-2 months.
Is it possible that migration office will give us permit C with a time limited condition to get B1 level?
Thank you.
Yes, it's possible. Is it likely? I don't know, but I seem to recall it happening to someone on this forum in a similar situation.
Why do you think you'd be eligible for an early C? You didn't mention your nationality.
In the directives (3.5.3.2 Vorzeitige Erteilung der Niederlassungsbewilligung in the Weissungen AIG) it is stated that you need B1 speaking and A1 writing for the early settlement permit to partially fulfill the requirements for speaking a local language and integration.
Regarding the case where you can't get those results in time; what you can do is book a test (FIDE or SDS for example) and send a letter to the authorities saying that you booked a test and will submit the required language certificate when you receive the results. We did this for a C permit last month and the test was booked 1 month after the deadline for the C permit documents. It caused us no problems, the authorities accepted our explanation and once we handed in the certificate the permit was issued 1 month afterwards. Note that only that they will not issue the permit until you have handed your certificate in.
Note that if you're married to a Swiss, you only need A2 spoken A1 written to get your C (6.2.4 in the Weissungen AIG).
I mentioned in the title that I am non-EU and we need 10 years to get regular C, but it is possible to apply for early C after 5 years in Switzerland.
We are here 6 years and we are eligible to apply for early C, most of my colleagues in a similar situation received early C permits without any issues.
Therefore, I've got the impression that it is possible to get one if you had a good job, paid taxes, didn't use social security benefits etc.
Booking a test and submitting a letter with explanation is a helpful tip, thanks.
I will try to get results within the deadline for C permit documents, if Migration office will decide to review my case in the first place.
My current permit B is expiring by end of July and I would need a document (B or C) anyway.
My wife is not Swiss and she already has B1 spoken A2 written result.
I was hoping that if one partner fulfilled the requirement the second one can have more relaxed language requirements but it is not possible from what I see.
Separate question, if I will not get the required test results, can my wife and kids get C permit without me? My wife doesn't work and she moved to CH as a dependant because of my work.
For an early C permit, all family members older than 12 need to be well integrated - in practice, that means language. When we applied, we submitted B1 or higher certificates for the adults, public school attendance certificates for the child (younger than 12 at the time).
https://www.sem.admin.ch/dam/sem/de/...ngen-aug-d.pdf
look under 3.5.3.2
All three kids are younger than 12 and they attend public school and speaks German. Wife also well integrated, speaks the language, participate in local clubs etc. Only missing part is my language test that is not good enough for permit C at this point.
Register for a test and try requesting an early C when you get your permit renewal form.
In general all are in the same boat EU or non-EU. However, some nationalities have it easier: Those countries which have "Niederlassungsvereinbarung" (C after 5 years, no language requirement) and those with "Niederlassungsverträgen" (C after 5 years, but regular language requirement as after 10 years).
https://www.zh.ch/de/migration-integ...tml#1534740075 All the rest, like those from Nigeria, Poland, Japan, Latvia, Brasil, Malta, Australia, Hungary, etc. have to go through the route of good integration (Sometimes also referred as "VINTA" after an old regulation which is no longer relevant, and thus should bot be used) to get C after 5 years.
The formalities, regulations, and requirements for Canton Zurich are explained in detail in chapter 5, page 15 of the following document
https://www.zh.ch/content/dam/zhweb/...igung%20IW.pdf
As you can see the person which wants to get early C based on good integration will need B1 verbal, A1 written. This is a hard requirement. In addition the spouse must have at least level A1. If the spouse also wants to get permit C they would need B1/A1 too.
As aSwissintheUS said not all Non-EU have the right to a fast tracked C permit. If you're from Canada, then yes, if your from Tanzania, tough luck. Also regarding the last phrase, part of the good integration part (in the directives) is that you speak the local language at a good enough level.
There is no indication the law that it would be possible to piggy back on your wife's application for an early C. However, if you were to wait another 5 years you could apply for a C permit with only A1 German spoken because you've been married to her C permit for 5 years.
Regarding you second question, yes she can apply for the early C on her own merits if she meets the requirements, even as a dependant. Her access to a C is not tied to your B in this case even as a dependant.
Frankly I'd just invest in an intensive German course, spend your evenings speaking German with your wife and ask for a short extension to get your results and it'll all turn out to be fine.
That's incorrect; the eligibility for C-permit after 5 years for nationals of countries with which Switzerland has bilateral agreements is separate from the "fast-track" 5 year requirements.
The latter is based on being particularly well integrated (with requirements higher than the normal ones after 10 years), and I don't see anything restricting it to specific nationalities.
The former is based on reciprocal agreements with certain countries that generally grant permanent residency after 5 years, in order that the wait time is the same for each country's nationals living in the other country. That is not dependent on being more integrated than the normal requirements (i.e. one must meet the requirements others would need to meet after 10 years, NOT the higher "fast-track" requirements). For nationals of such countries that are also EU/EEA, then the C permit is granted automatically after 5 years by right, while for nationals of such countries that are non-EU/EEA (for example Canada), it's not a right, and the authorities will not automatically evaluate eligibility, one must specifically request it.
I concur; I was mistaken my bad.
Article 32, paragraph 4 in SR. 142.20 states that after 5 continous years on an permanent permit (i.e. not student) any Ausländer can get a C permit so long as they meet the integration criteria, and that there is no reason to not issue them a C permit.
Just to update on this. I believe, it might be helpful for other applicants.
1. 15.06.2022 we submitted renewal forms for our B permits expiring on July 26th in geminde Kusnacht. We informed the lady that we would like to apply for C early C permit if possible. The made a note in application. We were also told that we need to renew biometry in Migration Office. We made an appointment to the earliest available slot on July 14th.
2. On 25.06.2022 we received a letter from Migration office with the list of documents required for C permit with the deadline 05.07.2022.
I've submitted all documents within the deadline with the exception of my language certificate. As you suggested here, I've sent a letter explaining that I will retake the exam and provide B1 certificate in due course.
3. Three days after submitting documents for C permit we went to Migration office to get a return visa. Surprisingly, the lady at the counter already knew that I am going to retake the language test. She said that they will not issue B permit but just wait when I will provide language certificate and issue C permit instead.
4. I passed SDS test in August 5th and submitted the missing B1 speaking certificate. I would strongly recommend SDS test, it is more practical than FIDE that I took twice. More importantly, you will get results within 3 business days unlike FIDE where you need to wait a month or so.
5. On 18.08 we called Migration office and the lady told me that C permit was approved and it will be sent to the production within few days. I should expect the permit in my mailbox within 2-3 weeks.
6. On 29.08 we called again and another person told me that our case is in approval in Bern and we need to wait for few more weeks. He also told me that C permit is not approved yet but chances are good.
Two employees provided two different status on our application, not sure which one is correct.
7..... waiting what would be the final outcome and when we will get permits since B permits expired more than a month ago.
Please let me know if anything can be done at this stake to speed up the process.
I would now wait for the Permit. Calling repeatedly will not accelerate the process.
Remember you are asking for accelerated process and there is no "right" to C Permit (except for countries which have a reciprocal arrangement). Mine took some time before I got it. They know your B Permits have expired and if they have not issued you new B-Permits, that means they are probably looking at the C Permits. Be Patient and Carry On... ;-)
Early C permit has very clearly defined rules when it comes to language requirements. I don't think it is likely for you to get one. Why don't you wait a bit on B permit, get to B1 level in German and apply then? You can apply for C permit before your B expires.
I think the cases you heard about the lower level of German is different. If you applied alone for the C permit without your wife, she would also have to prove that she has A1 level of German, even though she is not applying for C. Maybe you are talking about that case.
I think you missed the discussion here.
I’ve already applied for C permit without B1 level but with the letter explaining that I am taking exam soon. Meanwhile, I’ve got B1 level in early August and send the certificate to our migration office. Yesterday migration office told me that my case has been submitted to Bern.
Now I am waiting for the outcome.
Just to update.
Today we received C permits for all family via registered mail.
Thanks all for the valuable tips. It took exactly one month since I've submitted my pending B1 certificate.