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WORK PERMITS

Reader question: How long will it take to renew my Swiss permit?

The answer to this question, which is, naturally, of concern to foreign nationals living in Switzerland, depends on several factors.

A person works at a desk.
A person works at a desk. Photo by Unseen Studio on Unsplash

The first thing to consider is what kind of work/residency permit you have, as different rules apply.

Let’s look at the long-term B permits and permanent residency C permits that most foreign nationals living in Switzerland are likely to have.

Typically in both of these cases, you will receive a letter from local authorities approximately six weeks before the deadline reminding you to renew.

There will also be an application form that you will need to fill out, which must be submitted to your commune of residence no earlier than three months and no later than two weeks prior to the expiration date.

READ ALSO: When and how should you renew your Swiss residence permit?

Some cantons also impose additional rules for certain categories of foreigners. 

In Geneva, for instance, non-EU/EFTA spouses of B or C permit holders must include a French language certificate if it had not yet been done previously.

Further, for nationals of a non-EU/EFTA state who depend on social assistance for an amount equal to or greater than 50,000 francs for a single person or 80,000 francs for a household of several people, a letter indicating the reasons for the dependence on government aid and the steps taken to get out of it must be submitted.

In Vaud, “your situation and your degree of integration are examined, in particular your financial autonomy”.

Your canton may have other special rules in place as well, so it’s good to find them out beforehand, allowing you to submit all the necessary paperwork with your renewal application.

How long does the renewal process take?

The extension of your current permit may depend on various factors set by your canton which, in turn, may determine how long the renewal process will take.

In straightforward cases, you will receive the renewal within two to four weeks. However, this timeline is not set in stone.

It may happen that the new permit is not immediately issued, because the volumes of applications to be processed are very large, especially in cantons with a sizeable foreign population like Geneva, Zurich, Basel, and Vaud.

And the stricter the regulations (as mentioned above), the longer the process is likely to take.

Can authorities refuse to extend your permit?

Yes, that can happen under certain circumstances.

For instance, short-term L or B permits that are tied to a particular job, which ends within the specified time period (usually up to a year), will expire when the contract is over.

As non-EU / EFTA nationals are subject to a quota system, their work permits are not automatically renewed either.

Other reasons include lack of integration or dependence on welfare, as mentioned above. Also, if you’ve committed serious crimes or other infractions, you can kiss your permit goodbye.

And if you forgot to apply for renewal in the first place, then you forfeit your right to the permit.

The authorities could take special circumstances, such as serious illness, a debilitating accident, or another extreme situation into consideration and make an exception, but you shouldn’t count on that.

READ ALSO: Can Swiss authorities refuse to renew work permits — and for what reasons?

What if you applied on time and provided all the required documentation, but your permit expired before a new one was issued?

The good news is that, if you are a holder of either a long-term B or settlement C permit, your rights are protected while you wait for the renewal.

You can continue to work and live in Switzerland as before.

Under the Foreign Nationals and Integration Act, “when the person concerned has submitted an application to extend a permit, he or she is authorised to stay in Switzerland during the procedure, provided that no other decision has been taken”.

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For members

TRAVEL NEWS

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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