The settlement permit (Permit C) is the most advantageous status for a foreign national in Switzerland (aside from acquiring Swiss nationality). In fact, Permit C is granted for an indefinite duration and does not have restrictions regarding employment.
It is rare for a foreign national to obtain a Permit C directly. A transition from a Permit B to a Permit C is usually necessary. The law provides conditions that vary depending on the specific case.
A) Ordinary Obtaining:
Duration of Stay:
The foreign national must have resided in Switzerland for at least 10 years. For the first five years, the foreign national may have held a residence permit (Permit B) or a short-term permit (Permit L). This five-year stay does not need to be uninterrupted. Periods of absence are accepted and counted in the calculation. However, if the periods of absence exceed the actual stay in Switzerland, only the periods of actual presence in Switzerland are considered. In the case of a long interruption, only previous actual stays before the interruption are considered if the interruption lasted less than 2 years and if social and cultural ties with Switzerland are maintained.
The law is stricter regarding the last 5 years. This period must be uninterrupted and the person must have held a Permit B during this time. Moreover, so-called "temporary" stays (studies, training, medical treatment, rehabilitation, short stays) are not counted in the calculation of uninterrupted stay. However, an exception is made for stays for training or continuing education. These are counted if, once completed, the foreign national held a Permit B continuously for two years or if the stay under a Permit L acquired a durable character (e.g., due to an indefinite employment contract).
Absence of Grounds for Revocation:
The law specifies cases where permits other than Permit C (such as Permits B, L, etc.) can be revoked. A Permit C will not be granted if any grounds leading to the revocation of the current permit are present, such as:
The foreign national or their legal representative made false statements or concealed essential facts during the permit procedure;
The foreign national has been sentenced to a long-term imprisonment or subjected to a penal measure as per Articles 59 to 61 or 64 of the Swiss Penal Code;
The foreign national seriously or repeatedly endangers public security and order in Switzerland or abroad, or poses a threat to Switzerland’s internal or external security;
The foreign national does not comply with the conditions attached to the decision;
The foreign national or a person under their care is dependent on social assistance;
The foreign national attempted to abusively obtain Swiss nationality or it was withdrawn following a final decision in the context of a cancellation of naturalization under Article 36 of the Swiss Citizenship Act;
Without valid reason, the foreign national does not comply with an integration agreement.
Successful Integration:
The law requires that the foreign national demonstrate a certain level of integration to obtain a Permit C. Criteria used to assess integration include:
Respect for public security and order;
Respect for the values of the Constitution;
Language skills (proof of a minimum level of A2 in spoken and A1 in written in the national language spoken at the place of residence);
Participation in the economic life or acquisition of a qualification.
B) Early Acquisition:
To reward foreign nationals who have shown good integration, they have the option to obtain a Permit C earlier. The stay requirement is then reduced from 10 years to 5 years with a Permit B. The conditions related to integration and absence of grounds for revocation (see above) are applied as in the case of ordinary acquisition. The competent authority will consider whether to grant the Permit C early, but in all cases, a formal request must be made by the interested party, otherwise, the authority will not consider this possibility.
C) Facilitated Acquisition Through Bilateral Agreements:
The Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU/EFTA does not grant the right to obtain a Permit C. However, Switzerland has bilateral settlement agreements with certain states. Nationals of these states have the right to obtain a settlement permit after a regular and uninterrupted stay of five years in Switzerland. These countries include: Germany, Austria, Belgium, Denmark, Spain, France, Greece, Italy, Liechtenstein, the Netherlands, and Portugal. In these cases, integration criteria are decisive if they justify a revocation of the Permit C (see Article 63 LEI). Insufficient language skills alone are not grounds for revoking the settlement permit. This shortened period is also available to nationals of Andorra, Canada, Finland, Ireland, Iceland, Luxembourg, Monaco, Norway, San Marino, Sweden, the Vatican City, the United Kingdom, and the United States. However, for nationals of these states, facilitated acquisition is a possibility rather than a right. Additionally, integration criteria and absence of grounds for revocation apply as in ordinary acquisition.
D) Acquisition Through Family Reunification:
In cases where family reunification occurs with a Swiss national or a Permit C holder, the spouse and children receive a Permit B. Subsequently, the spouse is entitled to obtain a settlement permit after a legal and uninterrupted stay of five years if integration criteria (see above) are met. Only uninterrupted stays in Switzerland within a marital community are considered. For children under twelve years old, they have the right to receive a Permit C directly. For children over twelve years old, the previously mentioned methods of obtaining a permit are applicable.
Contact Information:
Phone: 021 351 30 00
Email: info@cjdv.ch
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