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LIVING IN SWITZERLAND

Reader question: Can I stay in Switzerland indefinitely if I am not a Swiss citizen?

While many foreign nationals living in the country eventually become naturalised, most never do. But can they remain in Switzerland long-term nevertheless?

Reader question: Can I stay in Switzerland indefinitely if I am not a Swiss citizen?
You can enjoy Switzerland's beauty indefinitely if you meet all the requirements. Photo: Pixabay

Of the approximately 8.9 million people currently living in Switzerland, roughly 2.2 million — 26 percent of the population— are foreign nationals.

Most never become Swiss citizens, yet have no plans to return to their home countries. But how long can they continue to live  in Switzerland on a foreign passport?

The answer to this question is: it depends.

Different passports, different rules

Your ability to live (or not) in Switzerland indefinitely is determined by what kind of permit you have which, in turn, is based on your nationality.

Most foreign residents come from EU / EFTA states because they have the easiest access to the Swiss labour market. They live here with either a residence B or settlement C permit.

The first one is issued to EU/EFTA citizens who have an unlimited employment contract; in such cases, the permit is valid for five years.

After this period of time, it can be “upgraded” to a C permit — the highest type of permit in Switzerland — provided the resident has satisfied all the requirements related to language proficiency and integration (more about this below).

Once they receive the C permit, foreign residents can live in Switzerland indefinitely and 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).

So if you manage to transition from a B to a C permit, you can stay in Switzerland as long as you like, without having to obtain Swiss citizenship.

But, there’s a ‘but’

Things are a bit more complicated though for non-EU / EFTA nationals (including post-Brexit UK citizens). Their road toward toward a permanent status is bumpier.

If you fall into this category, then your wait to upgrade from a B to a C permit is twice as long — 10 continuous years.

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.

Key factor: integration

To have your B permit extended or upgraded to C — allowing you to live in Switzerland permanently — you must meet all the requirements, such as language proficiency and integration criteria.

This requires not only fluency in the national language of a particular region (German, French or Italian), but also familiarity with the Swiss way of life and local customs.

Further, Switzerland expects resident foreigners to be gainfully employed and self-sufficient financially, thus ruling out the possibility that they will resort to social aid or accumulate debt.

READ ALSO: Five ways to help you integrate in Switzerland

Regarding language requirements, in order to have your B permit extended, or be eligible for a C, you must demonstrate the A2-level writing ability (elementary) and B1 (intermediate) spoken skills. This is the level set out in the Common European Framework of Reference for Languages to which Switzerland adheres. 

There are, however, some exceptions to the language rule.

If your native language is German, French or Italian, you obviously don’t have to prove your skills. You will be relieved to know that High German is sufficient, knowledge of Schwyzerdütsch is not obligatory.

Foreigners who have completed primary or secondary school in one of these three languages, even if the school was outside Switzerland, are exempted as well.

There you have it — you can live in Switzerland indefinitely without becoming a citizen, as long as you meet a few not-so-simple rules.

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TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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