Category Archives: Immigration Services

Converting an F or L permit into a B permit (with Lawyer)

Converting an F or L permit into a B permit
As a general rule, it is possible to convert an F or L permit into a B permit, but specific conditions and procedures apply. As a rule, an L permit can be converted into a B permit if proof of permanent employment or employment for a fixed term of at least 365 days can be provided.

Conversion of F permit to B permit – Application will be reviewed according to the following criteria:

– An uninterrupted stay in Switzerland of at least five years;
– Proven identity
– Compliance with the following integration criteria:
– Observance of public safety and order (no debt collection, no certificates of loss, no  violations of legal provisions)
– Respect for the values of the Federal Constitution
– Language skills (oral skills at least at reference level A1)
– Participation in economic life or acquisition of education (for at least one year)
– Family situation, in particular the date of school enrolment and the duration of school attendance of the children
– State of health
– Possibilities for reintegration in the country of origin
– There is no entitlement to the granting of a residence permit; any granting of a permit is at the discretion of the authorities.
– Each adult family member must submit a personal application.

 

L Permit to (B permit) Conversion (with Lawyer)

Short-term residence permit (L permit)
The Immigration Office can issue a short-term residence permit for foreign nationals intending to stay in Switzerland for less than a year for a specific purpose.
However, the short-term residence permit can be issued with or without gainful employment. Yet it is invariably tied to a specific purpose. The period of validity of a short-term residence permit depends on the purpose of your stay and can be up to 364 days. If your purpose of residence is gainful employment for less than one year, the permit is valid for as long as your employment contract. 
The short-term residence permit can be extended or renewed.
If you are an EU/EFTA national and lose your job or your employment contract has expired, you can generally remain in Switzerland as a jobseeker for 6 months.
For the conversion of a short-term residence permit (L) into a residence permit (B):
The applicant must submit the new current employment contract/work contract, which must be valid beyond the expiration date of the old L permit, to the Residents’ Registration Office of the municipality of residence approx. 2 weeks before the L permit expires. The Residents’ Services will forward the documents to the Migration Office for examination of the extension/renewal or conversion of the L permit. If a new permit is issued, the Migration Office will forward it to the municipality of residence.
If you find that there may be trouble with the application or there is a threat of rejection of the application, you can seek legal advice and this is where we come to your assistance.

 

 
 

Residence permit (B permit)

Residence permit (B permit)
The B permit entitles a foreign national to reside in Switzerland for a specific purpose for a longer period of time.
For EU/EFTA citizens, residence permits are issued with a validity period of five years. For third-country nationals, residence permits are limited to one year.
The EU-27 comprises the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
** The EFTA countries are: Iceland, Liechtenstein, Norway, Switzerland.
The B residence permit for EU/EFTA nationals is issued for a period of five years. It is tied to a specific purpose. If this purpose ceases to apply – for example due to divorce or loss of employment – the permit ends automatically and is generally not extended.
However, as long as the original reason continues to apply (or another reason for entitlement exists), the cantonal migration authority will extend the B permit for a further five years.
As a rule, after five years of uninterrupted residence in Switzerland, nationals of certain EU/EFTA states are entitled to an unlimited and purpose-free permanent residence permit (C permit).

For third-country nationals (nationals outside the EU/EFTA area)

The most important points in brief
– Foreign nationals entering Switzerland for the first time are initially only issued a residence permit.
– Residence permits are issued for one year and can be extended for one to two years upon application.
– The residence permit is always limited in time and may be subject to conditions.
– The obligations assumed and declarations made by the foreign national during the permit procedure, in particular regarding the purpose of the stay, are deemed to be conditions.
– Spouses of Swiss nationals and permanent residents may exercise an employed or self-employed activity throughout Switzerland without further authorization.
– Spouses of residents may work as employees throughout Switzerland without further authorization. Taking up self-employment requires a permit.
– Persons with a residence permit who have entered Switzerland for the purpose of gainful employment can generally change jobs without a permit and work anywhere in Switzerland.
– Persons who have entered Switzerland as persons not in gainful employment require a permit to take up employment.
– Students can apply for permission to take up employment for a maximum of 15 hours per week at the earliest 6 months after entering the country.
– Recognized refugees: The employer must notify the competent cantonal authorities at the place of work in advance of the commencement and termination of employment and of any change of job.
– Family reunification is possible under certain conditions.
– The residence permit is only valid for the canton that issued it. If a foreign national moves to another canton, the corresponding permit must first be obtained from the new canton.
– Together with a valid passport from the home country, the residence permit is also valid as a Schengen visa: holders are entitled to stay in a Schengen country for a maximum of 90 days within a 180-day period.
The residence permit expires after a stay abroad of more than six months. Short visits to Switzerland do not interrupt this period.
 

Loss or downgrading of C permit due to outstanding debt

A permanent residence permit C can be lost under certain circumstances if debts and debt collection proceedings are not settled. However, you can defend yourself against a decision by the migration office. It is advisable to seek legal advice if you are unsure or have potential concerns.
A permit may be revoked or not extended if –
– false information is provided or material facts are concealed during the licensing procedure.
– criminal convictions have been handed down and/or public safety and order are endangered

– in the event of debt
– in the event of unemployment or dependency on social welfare
– in the event of fraudulent acquisition of Swiss citizenship
– an integration agreement is not complied with without an excusable reason.
If the Migration Office determines that a person does not meet the integration criteria, it can revoke the settlement permit (C) of foreign nationals born in Switzerland or who have lived here for many years and replace it with a residence permit (B).
 
 

Swiss Immigration Law

All persons who are resident in Switzerland but do not have Swiss citizenship are considered foreign nationals. The majority of foreign nationals permanently resident in Switzerland come from Europe, mainly from EU/EFTA states.
The Office for Migration is responsible for all matters relating to immigration law, such as residence regulations, work permits, enforcement of asylum legislation, as well as return counseling and integration of foreign nationals.
The State Secretariat for Migration SEM is responsible for the admission of foreign workers, taking into account the overall economic interests, long-term professional and social integration opportunities as well as the scientific and cultural needs of Switzerland; (legal basis: Federal Act on the Residence and Settlement of Foreign Nationals.
In Switzerland, there is a dual system for the admission of foreign workers. Workers from EU/EFTA states can benefit from the Agreement on the Free Movement of Persons. All other countries are restricted to managers, specialists and qualified workers.

Immigration and Citizenship:

EU/EFTA L permit (short-stay permit)
EU/EFTA B permit (residence permit)
EU/EFTA C permit (settlement permit)
EU/EFTA Ci permit (residence permit with gainful employment)
EU/EFTA G permit (cross-border commuter permit)
B permit (residence permit)
C permit (settlement permit))
Ci permit (residence permit with gainful employment)
G permit (cross-border commuter permit)
L permit (short-stay permit)
F permit (for temporarily admitted foreigners)
N permit (for asylum seekers)
S permit (provisional status for persons in need of protection)
 
 

Permanent residence permit C in Switzerland

Permanent residence permit C
The permanent residence permit is issued if you have lived in Switzerland for five or ten years. Although the permit is unlimited, it has a five-year review period.
Permits issued in the normal procedure
Permanent residence permits are issued after an orderly and consecutive stay of ten years in Switzerland. A foreign national must have been in possession of a residence permit for the last five years. Nationals of countries with a settlement agreement receive a settlement permit after just five years.
Early issue of a permanent residence permit
You can apply for a permanent residence permit before the ten years have expired. The following requirements have to be fulfilled: you have held a residence permit for five years; you meet the integration criteria; there are no grounds for revocation.
The applicant must be integrated (Art. 58a para. 1 AIG). The competent authority takes the following criteria into account when assessing integration:
– Respect for public safety and order
– Respect for the values of the Federal Constitution
– Language skills
– Participation in economic life or the acquisition of education
The degree of integration of all family members over the age of twelve is taken into account when examining the application for an early settlement permit. They must all meet the requirements for the granting of a permanent residence permit. Applicants who are of legal age must prove that they have oral German language skills, namely at least at reference level B1. Written German language skills should correspond to at least reference level A1 of the Common European Framework of Reference for Languages (CEFR).
Retention of the settlement permit
The permanent settlement permit expires when you deregister or after a six-month stay abroad. It can be maintained for four years if you submit a justified application before the six months have expired.
As a lawyer with long-standing experience in immigration law, I can help with the application for a settlement permit C, especially in the case of premature issue or in case of issues relating to residency in Switzerland. When it comes to immigration issues, we offer support in making the application, draw up the necessary documents, handle communication with the authorities and represent the client’s interests in court throughout Switzerland.
 
 

Appeal – Loss of settlement permit C

A permanent residence permit (C permit) can be lost or withdrawn in various ways. In accordance with Art. 61 para. 2 AIG, the settlement permit expires if the foreign national actually stays abroad for more than six months. Should he or she submit a corresponding application before this period expires, the permanent residence permit can be maintained for a maximum of four years.
The permanent residence permit (C permit) is the most ”secure” residence permit for foreigners in Switzerland. Unlike other permits, it is unlimited and not tied to any specific purpose. Anyone with such a permit is on an equal footing with Swiss citizens in many areas – for example when it comes to living, working or paying taxes.
There is only a risk of losing a permanent residence permit in the event of a serious criminal offense or significant and permanent dependence on social welfare.
If your residence permit C (C permit) has been revoked, you may be able to appeal against this. Your immigration lawyer can help you! We can help you, advise you and answer all your questions about your permanent residence permit in Switzerland.