Permit C Before End of 5 years

Visas, Permits, Passports and Naturalization
1
I have been working and living in Switzerland since April 1, 2008 (I am a US expat where my payroll is still US..Not on a local contract). I currently hold a Permit B. I am a US citizen.

I will be completing my 5 years as of March 15, 2013. I was recently offered a new position in India where I will have to relocate, possible by Oct./Nov. timeframe. I am keen to still receive my Permit C and live in Switzerland long term. I will be coming back to Switzerland every 1.5 months to visit. I am hoping to be back to Switzerland when my assignment in ends in 2-3 years.

Can you please advise if it is still possible to get my Permit C? What are the steps necessary to achieve that?

Thank you in advnace for your time and assistance!

2
Permit renewal, if going my my Canton ZH, is as early three months prior to expiry. In German, the C permit is called Niederlassungsbewilligung, and if searched upon in the forum ( including keywords such as VINTA ), it will turn up several threads, including:

Changeover from B annual to C ( Niederlassungsbewilligung )

There are links and information that might be partially relevant to you. However, I strongly urge you to write to your Cantonal OCP for clarification about your unique circumstances.

On a freshly minted C permit ( Settlement / Permanent Residence ), it might be possible in very limited circumstances to obtain a leave of absence ( in German Abwesenheitsbewilligung ).

In French for Valais Canton for example it is:

Autorisation d’absence

L’autorisation d’établissement prend fin après 6 mois, lorsque sa ou son titulaire a quitté la Suisse sans annoncer son départ. Il est cependant possible, en cas de séjour prolongé à l’étranger, de garder son autorisation d’établissement pendant 4 ans.

Si la ou le titulaire d’une autorisation d’établissement doit ou souhaite s’installer à l’étranger pour une période supérieure à 6 mois, mais inférieure à 4 ans (ex : séjour pour études, service militaire, obligations professionnelles...), elle ou il doit déposer une demande d’autorisation d’absence auprès de notre Service.

And welcome to the forum.

PS: If leaving, these threads might be useful:

Checklist for leaving Switzerland

Leaving Switzerland Permanently

3
Thank you so much for your response! It is very helpful.

I am planning to go visit my Cantonal OCP but wanted to know what my options out there. I usually get my anual Permit B renewal sent 3 months prior to expiry. I suspect that my Permit C could be sent in Dec, 3 months prior to 5 years anniversary. I so much hope so.

Do you know if I need to get my work to sign anything for Permit C? I am hoping that there is no papwork needed and that I get the card in the mail in Dec..

What other advises would you have for me when I talk to OCP? Should I give my case to a lawyer here?

Thank you!

4
I emailed my OCP equivalent ( Migrationsamt ) with my language certificate, permit ZEMIS number etc. and they made an instant evaluation and sent me conclusive advice that was sent to my parish ( Gemeinde / Commune ) who promptly acted upon it. At times, the Commune might not be that informed. The PDF attachment has a checklist ( in German ) of what is expected. Being American, you have special privileges through a pact, provided you meet the requirements. The same PDF, might be available from your Commune as a printed sheet in French.

I never did think a lawyer was necessary so long as one read up the qualifying rules and competent in the local language.

5
If your not living here your not entitled to keep your permit.

6
From our experience in SZ, which may be different from yours:

The first C permit required a copy of OH's contract and confirmation from his employer along with filling out the usual forms. Taxes seemed to be of special interest.

Exactly this. Even the C permit requires advance permission for a 'leave of absence' if one is gone (as in deregistering, no longer liable for taxes, not paying health insurance, etc.) for more than 6 months.

OH did a stint in another country while on a C permit, but was able to maintain his residency here because it was a temporary secondment from his CH employer. Although he was working elsewhere, he was still paid out of the CH office, still paid his CH taxes, health insurance, etc - and the clincher: his 'center of family life', i.e. me, the house, and the mutts, remained here. I don't know how closely the days in Switzerland are counted, but he was back at least two weekends a month.

Will your position in India be with your Swiss employer?

7
The MOMENT you deregister the permit is finished, you can be away for upto 6 months but without deregistering, I have this first hand from the Migrationsampt in the last month.

8
This is the page for Canton Geneva showing the fees:

http://www.ge.ch/etrangers-confedere...que=emoluments

9
Above quote gives actually the answer to your question: Relocate means that you won't need a Swiss permit but an Indian one. Even if you get a C-permit before you go, you'll have to deregister as you will not be in Switzerland anymore at the latest when you start your job in India. No job in Switzerland (and they know through employer/taxes) means bye bye Switzerland. Simple, really.

10
Not if he's on a C permit. You can leave on a C permit for up to 4 years with permission, which must be requested before you deregister.

The OPs problem is he won't have his C permit before he leaves for his new job in India. It's highly unlikely that they will give him his new permit in October when the old one expires in March. Also, it is unlikely he will get approved/permission to leave on a brand new C permit.

11
That sounds good in principle but will not happen, as the law only provides for 2 years!

You dont deregister you tell them your away, once you deregister permit is over.

Just been in contact with the Migrationsampt, what has been written on the forum to date about this subject is total BS.

12
Here is the form in FR for GE.

( Niederlassungsrecht 2007 )

13
September 2011 PDF

Crude machine translation:

The residence permit can therefore in case of overseas absence for more than six months, continue to exist only if the application site serine or the applicant has the actual intention, within the period of four years to return to Switzerland. Mind, in particular abroad, which are by nature transient (eg, completion of military service, training or exercise of a temporary job on behalf of the Swiss employer) are.

Adolescents chemically the second generation of immigrants or foreigners who have reached retirement age, may submit the request to erect conservation of permanent residence permit for a maximum of four years if the stay abroad for the clarification of the integration or reintegration reintegration possibility-in the home country is.

14
No it doesn't. I got it for 2 years then with a 2 year extension.

I was out and deregistered for almost 3.5 years and have recovered my pretty little C permit.

15
Untrue... My friend deregistered and left switzerland to return to the UK supposedly for good. However 7 months later he was back in Switzerland. When he re-registered again he was giving another B permit but with his original entry date. I don't know if this is just because he is an EU citizen.

16
I have a letter from ZH migrationsampt starting this to be fact, we are talking about C permits in this thread. . As your friend is EU he is entitled to a B permit........

17
2 years with a further 2 years granted down the line, is not the same as getting permission to be away for 4 from the start..

The reasons for getting permission are VERY limited, if you read what was posted " (eg, completion of military service, training or exercise of a temporary job on behalf of the Swiss employer)"

You cant just be away because you want to or a family member is dying.

18
The OP is non-EU ( American ) if that makes any difference.

19
How does that make what FMF said untrue?. Your friend applied for a permit on which they put his original entry date.

When I might have had to go back to Blighty to look after a sick relative, I asked the same question at the gemiende who called the immigration whilst I was there. The answers was if if it is only temporary and I kept an address here (my wife would still be here and working anyway) then for 3 months I just had to write to the gemiende to notify them with no need to de-register, 6 months I had de-register, but obtaining a permit when I came back would be no problem as they would have the supporting documents as to why I left and came back.

If you are residing in India for 2-3 years, that isn't temporary so I can't see how they would allow permit retention for the OP.

20
He is not entitled to a permit on his return.