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WORK PERMITS

READER QUESTION: When will my Swiss B permit be switched to a C?

The C permit, which means a foreigner is a settled, permanent resident of Switzerland, proffers its holders sweeping rights. But the length of the transition period from a B to C permit depends on several factors.

READER QUESTION: When will my Swiss B permit be switched to a C?
Switzerland is open to those with C permits. Photo: Pixabay

Unlike ‘lower’ type of permits — such as B for ‘resident foreign nationals’, which are regulated by various conditions and restrictions – those who have a C-permit enjoy almost the same rights as Swiss citizens.

Among them are limitless employment opportunities, being able to change jobs or cantons of residence, setting up own businesses, buying real estate without any restrictions, and having access to educational grants. (It does, however, have some limitations, which are listed below).

Any foreign national who wants to settle in Switzerland for a long haul, covets the C permit, which is also a stepping-stone to Swiss citizenship. But for many, this permit doesn’t come quickly or easily.

This is how it works:

If you are a long-term resident of Switzerland, you are likely familiar with the inner workings of the country’s permit system. But if you are new, you may not know all the conditions and criteria, or how long it takes to get one permit or another.

The answer to this question is determined by what passport you have.

As in all things relating to residency and employment, citizens of the EU and EFTA states have a priority to Switzerland’s labour market (almost on par with Swiss nationals), as well as long-term residency privileges.

Once you receive your B permit, allowing you to live and work in Switzerland for up to five years (and which can be renewed), the length of time before you are eligible for C depends on whether you come from the EU/ EFTA or from third countries.

Five versus 10 years

If you are a citizen of the EU or EFTA (Norway, Iceland, and Liechtenstein), and live in Switzerland on a B permit continuously for five years, you can apply for the C permit, provided you meet all the requirements, such as language proficiency and integration criteria.

READ MORE: Reader question: What does being ‘successfully integrated’ in Switzerland mean?

In case you come from non-EU / EFTA states (including the UK), then your wait to ‘upgrade’ from a B to a C permit is twice as long — 10 continuous years, also provided you fulfil all the above-mentioned criteria.

There are, however, some exemptions from these rules.

For instance, Americans and Canadians are on par with their EU/ EFTA counterparts: they can also apply for a C permit after five years of continuous residence on a B permit.

There are other exceptions as well: if you are a non-EU / EFTA spouse or the minor child of a Swiss citizen of a permit C holder, you too can apply for a C permit after five years.

READ MORE: ‘Plan in advance’: How easy is it to get permanent residency in Switzerland?

What does C permit NOT allow you to do?

As we said above, this permit gives its holders almost unrestricted rights.

The only thing that separates a C permit from a citizenship is the right to vote or run for office.

However, the key word here is ‘almost.’

For instance, the permit is valid indefinitely, as long as its holder doesn’t leave Switzerland permanently.

But if you leave the country for longer than six months, you will lose your permanent resident status. If you do eventually come back, you will have to go through the time-consuming steps of re-applying for a new permit.

However, there are ways to avoid this.

C-permits can be kept valid for up to four years if you are leaving Switzerland for professional reasons or to further your education. In such cases, you can put your permit on hold until you return.

You must request this suspension from your cantonal authorities in writing, explaining the reasons why you plan to remain abroad for a longer-than-permitted period of time.

READ MORE: READER QUESTION: How long can I stay out of Switzerland and keep my residency rights?

If you want to get back to Switzerland (here border with Italy) on your C permit, don’t leave for too long. Photo by Fabrice COFFRINI / AFP

Another way to lose your C permit is to have it downgraded back to B — or have it withdrawn altogether.

There are basically three scenarios under which a C permit could be ‘demoted’.

One is if you commit a crime — not just in Switzerland, but also abroad — or threaten Switzerland’s security in any way.

In fact, if you are convicted of offences such as murder, rape, serious sexual assault, violent acts, armed robbery, as well as drug and people trafficking, you will not only lose your permit but also be deported from Switzerland.

Also, if Swiss authorities discover that you had lied when applying for a C permit, that is considered a valid reason for downgrading as well.

However, your offences don’t have to be of a criminal nature.

You can also see your permit downgraded if you and/or your immediate family rely on social aid — the Swiss really don’t like that.

READ MORE: Can Switzerland downgrade my C work permit?

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WORK PERMITS

Trailing spouses: What happens to your Swiss permit if you get divorced?

If you came to Switzerland as a 'trailing spouse', you may be wondering whether you will have to leave the country in case of divorce.

Trailing spouses: What happens to your Swiss permit if you get divorced?

‘Trailing spouse’ is a term that refers to a person who follows their husband or wife to another country for work.

In Switzerland, these people are included under the ‘family reunification’ clause.

Under this rule, spouses and minor children of the person who is employed in Switzerland can live here as well.

If the breadwinner has a B permit (the most frequent one granted to eligible foreigners when they first arrive), then his or her spouse will have the same residency rights as well.

What happens to the ‘trailing spouse’ in case of divorce?

According to State Secretariat for Migration (SEM), “in the case of divorce, family members lose their right to remain in Switzerland.”

However, this doesn’t necessarily mean that you will have to leave the country; you may be allowed to stay under certain conditions.

As is usually the case in Switzerland, EU / EFTA citizens (Norway, Iceland, and Liechtenstein) can remain.

Even if you came in a role of a trailing spouse, you can continue to live in the country for up to three months — provided you have sufficient financial resources to do so and will not resort to government help.

If, after this time period, you find employment, you can apply for a permit in your own right, rather than still being ‘tied’ into your former spouse’s residence status.

READ ALSO: Just how freely can EU citizens move to (and within) Switzerland?

What about people from outside EU /EFTA?

Things are more complicated for them, but not impossible.

Third-country citizens divorced from their breadwinner spouses could be allowed to remain in Switzerland if these conditions are met:

Length of marriage

You were married for at least three years and have lived in the same household with your former spouse (Swiss or foreign national).

Integration

You are well integrated in Switzerland, have the required language proficiency, and are employed or pursuing education.

Safety

You need to stay in Switzerland for imperative personal reasons — for instance, you would be in danger in your home country, or your home country is engaged in war or internal conflicts (as is the case with Ukraine).   

Note, however, that all these conditions apply only to people with B permits. Those who have a C permit can continue to live in Switzerland regardless of their marital status.

What if you are married to a Swiss citizen rather than foreigner? What are your rights in case of divorce?

If you have become naturalised during your marriage, then you needn’t worry.

But if you remained a foreigner, then your right to remain in Switzerland is determined by your nationality.

This means that you will have more leeway if you have a passport from a EU / EFTA state, and will have to jump through more hoops if you come from a third country.

READ ALSO: What happens to your Swiss passport in case of divorce?
 

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