Hello everyone hope you are doing well.
I am discussing with a friend who used to study in Canton BE and now working there whether she is eligible for a fast-track C.
Here's her story:
Did 2 consecutive Masters here for a total amount of 3 years (B+B+B) then she landed a job after her graduation and has been working for 3 years at the same company with the following permits (L+L+B).
Here is the topic we were discussing:
Will the 2 years being on L disregard the 3 years of studying? If not, does that mean she needs to work one more year with a B thus making them 5 B permits?
I would really appreciate your knowledge / previous experience on the matter and hopefully be a bearer of good news
Thanks .
The L's are fine after the student years and count towards the C permit.
What's her nationality?
Hmm really? I read previous threads in the forum here that in zurich L years counted for C if the work contract was permanent not fixed. Idk the case in Bern?
She's non-Eu from Jordan.
Oh sorry did you mean that even if she got an L after studying they will be counted? In that case does she need one B more as I I stated above?
Here are the relevant articles:
FNIA article 34 ¶ 2
Foreign nationals may be granted a settlement permit if:
b.50 there are no grounds for revocation in terms of Article 62 or 63 paragraph 2; and
c.51 they are integrated.
FNIA article 34 ¶ 4
Foreign nationals may be granted a settlement permit if they have resided in Switzerland for the past five years without interruption while holding a residence permit, if they meet the requirements of paragraph 2 letters b and c, and if they are able to communicate well in the national language spoken at their place of residence.52
FNIA article 34 ¶ 5
Temporary periods of stay, in particular for education or training (Art. 27), do not count towards the uninterrupted period of stay in the last five years in accordance with paragraphs 2 letter a and 4. Periods of stay for education or training (Art. 27) are in-cluded if the person concerned, after their completion, held a settlement permit (I believe this is translation error, it should be a residence permit) for an uninterrupted period of two years.53
So they should be clear to apply, provided they can provide a language test and have no debts etc.
Only the job seeker L is ok. while it does not count it does not reset the 5 years of consecutive B needed. Regular L after student B only count under exceptional circumstances. She has a chance the time on L counts, if she had a permanent, open ended work contract.
or as you quoted:
Permit B == Residence permit.
Permit L == Short stay permit.
The Federal SEM directives says in Chapter 3.5.3.2
Use you language knowledge you need for permit C, or deepl.com, Google translate.
She's held an L for 2 years following her studies and it's passed to a B.
That is the typical flow and proof that she's had contract, i.e., I know plenty of folk who got their C's this way.
Going to the Weissungen, the key phrase is "oder der Aufenthalt mit einer Kurzaufenthaltsbewilligung einen dauerhaften Charakter hatte (z. B. durch einen unbefristeten Arbeitsvertrag oder wenn die Behörden und die betroffene Person von Anfang an vom Daueraufenthalt ausgegangen sind)."
If she's been working continuously on an L and got her B as a consequence of her 2 years, she's fufilled this criteria. (Once again, this stems from discussions with immigration lawyers here in Switzerland.)
Not just a contract: a permanent contract. If she had a limited contracts in the past the authorities can deny it. Some cantons are very strict and play by the book (specially Valais which is some time even more strict). They simply say: If we thought your stay is intended to be permanent, then we would have given you a B right away, but as you got an L we obviously thought your stay is not permanent, and also you had no permanent contract. Case closed, C denied.
Some other cantons are more pragmatic and interpret the rules more freely.
The advice is as always if the case is not obvious: Prepare application,. gather all materials, and apply for C (this can be done any time not just at renewal time). They can only deny it.
Yes, but even with a permanent contract you are not going to get a B permit if the quota is up and the authorities know this. Furthermore, a permanent contract does not automatically get you a B permit even if the quota's haven't been reached. I know, again, plenty of folk who sat on L's for years (<3) despite holding permanent contracts. No one had any issue getting their C.
I'll admit to agree that canton's will differ, but the nature of the requirements/directives " der wenn die Behörden und die betroffene Person von Anfang an vom Daueraufenthalt ausgegangen sind " is that if you begin working after your studies and you end up with a B permit through work after L's, it counts as is you have a long stay and you are staying for work - even if it's not a permanent contract.
To the OP, IMO, she will get a C permit if she applies now and fulfills the rest of the requirements. There is no reason not to try and no real consequences if the authorities say no (she'll be able to apply in the future with nothing held against her).
Indeed.
So to conclude, in both cases, the 2 years on L permit following the studies will not reset the count of years on a B towards a C right? She can try to apply now and see whether they will count the L's or tell her to apply in the future.