my permit B expires (EU citizen) in 2 months and I received mail from OCPM in Geneva that I need to submit documents to renew to C permit including language certificates (fide). Unfortunately, I am not on a good French level yet to take the test so I was wondering if it is possible to simply ask them to prolong my B permit for another 5 years instead of a C permit? They do not offer any such option in the letter they sent and I am a bit worried about studying and taking the test in such a short time.
Doesn’t matter if it’s a C or a B, you’re going to have to provide proof of language proficiency to get it renewed. Changes to being able to get/keep permits came in a couple of years ago and language proficiency is one of the requirements. If you can’t provide it then they might renew the B for a year to give you time to learn and get the certificate - or they could knock you back to an L I think. It certainly wouldn’t be renewed for another 5 years.
You don't need proof of language certificates for a B permit in Baselstadt. I had mine renewed for 5 years last year, as I was getting the new credit card type of permit all it involved was my fingerprints being taken and a digital photograph. The appointment was conducted in English and I had my new permit 5 days later.
Geneva is much more flexible with the language requirement. I would just reply saying you are studying hard but you are not confident you are ready for the exam yet.
wrong... I renewed my B permit in 2020 without a language certificate (in Zurich)..and a year later I cleared for A2 level test and upgraded the permit from B to C
There is alas no option but to start learning the language sooner or later. Since 2019, language requirements are now compulsory for almost everyone including for permit renewals. But there is leeway as suggested by others above — you have to show them evidence that you are working towards the requirement.
I do highly recommend you to enroll in a French course and show them proof of continuing effort. This will suffice and you may get the permit B renewal.
The regulation is a good incentive to improve your language skills. As soon as you ready with proof of A2 Oral + A1 Written fluency go back and request for a permit C.
So, we had this experience recently. My SO was offered a C permit but didn't meet the language requirements so we asked the Gemeinde if we could instead get a B permit.
They said, under no grounds did my SO have a right to the B permit anymore, and they can only get a C permit. So we asked well what happens if we don't send the documents, and we were told that we would be fined until all the documents arrive (Switzerland ...).
So what we did is ask for an extension for a month after the expiry date, and then booked an language exam with the SDS (unfortunately only in German), which would provide the results of an examination 48 after the test took place (the fastest turn around time in Switzerland for language exams). We wrote a letter showing the booking for the exam and explaining that the soonest we could take it would be a month after the document deadline.
The Gemeinde accepted this, and we submitted the documents a month late without any repercussions and received the C permit.
I can also anecdotally add that another colleague of mine who was asked to get the C permit tried to keep the B instead, because they were moving out of Switzerland anyway, and was told flat out just like us that they have no right to keep the B permit and had to meet the requirements of the C permit or else they would be continuously fined. So they got the C permit and handed it back when then left the country a month later ...
You are a 3rd country national, and thus they can make you jump through hoops such as the necessity to take language courses. An EU national however has by the FMOP agreement right to live here and cannot be forced to take language courses.
What an utter bullshit. There is no such requirement for EU citizen and would be a breach of the FMOP agreement. Unless they are a citizen from one of the countries were a bilateral agreement exists, one could stay on B forever (as long as the conditions set by the FMOP agreement are fullfilled).Further, the law and relevant regulations do not foresee a "downgrade" of permit B to L.
Important: You cannot deny a permit C if they give it to you. You can apply for permit C any time you think you fulfill all the conditions. No need to wait for renewal time.
Do you know if this applies to Croatian citizens, too? For some time, they were in a special kind of limbo, to do with the bilateral agreements and the votes in Switzerland.
An EU/EEA/CH citizen has the following rights in respect of the primary permit:
- Visit a member state for up to 3 months to seek employment
- Have that period extended if it is reasonable to expect that they will find employment
- Establish a viable business within the state
- Receive permanent resident status after five years if they have established economic viability
And that means that if you have failed to achieve economic viability within those five years a state is entitled to send you home. I recall a case a couple of years ago where Germany send some EU citizens home - one couple who had been claiming benefits and social help for most of the years they and been there.
Some states are of the opinion that economic viability includes the ability to function using the local language. I'm not aware that this has ever been challenged or adjudicated on.
Both individuals were EU nationals. Regardless of that, they had no right to decline the C permit or request their old B permit. Failure to provide documents would only lead to them being fined.
You’re right, I checked the EDA PDF. In which case it makes no sense to have those agreements with some EU countries that they don’t need a language certificate since it now seems to apply to all countries in the EU and not just some.
Frankly, I think it’s a bit silly. If you want people who live/work here to integrate then it shouldn’t matter what country they’re from - EU or non-EU. Greeks, Croatians, etc, need to meet the language requirements as much as any non-EU national does. Just seems to be another hurdle put in the way of non-EU nationals to me now.
The purpose of the agreements are to facilitate the working of the single market anything beyond that is a side effect. Third countries are exactly that so they are excluded. With the exception of the right to retire to another state all other rights relate the common labour market which is a requirement of the single market and part of Switzerland access rights.
“There is no language requirement for unmarried children under 18 years of age, for spouses and unmarried children (up to 18 years of age) of Swiss citizens, nor for persons who may benefit from the provisions of the Agreement on the Free Movement of Persons (AFMP6) and their family members (spouses and unmarried children up to the age of 21 ).”
From the EDA fact sheet “FAQs on proof of language skills for residence (B) permits and permanent residence (C) permits February 2021”
The FMOP agreement does not cover permit C (Art. 34 FNIA) and thus the above is not applicable as there is simply no "benefit from the provisions of the Agreement on the Free Movement of Persons". The above applies to permit B only (Art. 33 FNIA). See also Item 10 where it is said explicitly said: