When is a C permit available and what should be considered? Our article provides a concise overview of the key requirements.
Natascha Figoutz
Legal Associate
Michèle Stutz
Legal Partner
Foreign nationals who have been living and working in Switzerland for several years often ask themselves: When can I obtain a C permit, and why is it worthwhile applying for one in the first place?
The C permit grants a permanent and secure right of residence in Switzerland. In principle, it is unlimited in duration and, unlike L or B permits, may not be made subject to conditions. In addition to employment, it also permits self-employment throughout Switzerland.
1. When can a C permit be granted?
As a general rule, a C permit may be granted after a total period of residence of ten years in Switzerland. During the last five years, the applicant must generally have held a residence permit (i.e. a B permit) continuously.
For nationals of certain countries1 as well as in certain family constellations2, a C permit may already be possible after five years.
However, calculating the required period of residence is not always straightforward. In particular, previous short-term stays, periods of study or education, as well as interruptions, are treated differently in practice. For example, if a third-country national initially studied in Switzerland with a B permit and subsequently receives an L permit for two years to work as a highly qualified specialist, our experience is that cantonal practice differs as to whether the two years spent with an L permit and/or the preceding years spent with a B permit during the period of study are taken into account.
2. What additional requirements must be met?
The duration of residence alone is not sufficient. The competent migration authority also examines the statutory integration criteria. These include, in particular:
compliance with public security and order;
respect for the values of the Federal Constitution;
sufficient knowledge of the national language spoken at the place of residence;
participation in economic life or the acquisition of education.
In practice, criminal convictions, debt enforcement proceedings, certificates of loss or the receipt of social assistance may, among other things, be relevant. Particular questions often arise in connection with the criterion of participation in economic life. This criterion is not necessarily fulfilled or straightforward to assess in every situation, for example where a person was temporarily unemployed, currently does not have permanent employment, takes up self-employment or establishes their own company.
3. When is the early granting of a C permit possible?
After a lawful and uninterrupted period of residence of five years, foreign nationals who hold a residence permit and who have not only successfully but also above-average integrated may apply for the early granting of a C permit.
Higher requirements apply with regard to language skills: as a general rule, at least level B1 oral and A1 written proficiency in the national language spoken at the place of residence is required. In addition, the early granting of a C permit is a discretionary decision of the competent authority. The specific circumstances should therefore be carefully reviewed before an application is submitted.
4. Why does the canton matter?
Swiss immigration law is governed by federal law. However, applications for the granting of a C permit are assessed by the cantonal migration authorities. The specific administrative practice and the requirements regarding the documents to be submitted may therefore differ depending on the canton.
5. Maintaining the C permit
As a general rule, the C permit expires by operation of law if the foreign national actually resides abroad for more than six months or deregisters to move abroad. If the C permit is to be maintained despite a longer stay abroad, the person concerned must submit an application for its maintenance in due time.
The application must be submitted before expiry of the six-month period. If approved, the C permit may be maintained for a maximum of four years from the date of departure. However, there is no entitlement to maintenance; the competent migration authority decides at its discretion and examines in particular whether the stay abroad is only temporary and whether a return to Switzerland within the approved period is intended and realistically appears possible.
In practice, it is important to document the reason for the stay abroad properly, for example by providing documents relating to a temporary assignment, further education, studies or another time-limited purpose. The decision approving the maintenance of the permit should be retained and presented when subsequently registering again in Switzerland. If no application is submitted in due time or if the person only returns after expiry of the approved maintenance period, they are generally regarded as a person entering Switzerland anew and must again fulfil the requirements under immigration law.
Particularly in the case of more complex residence histories or applications for the early granting of a C permit, it is therefore advisable to review the specific circumstances at an early stage. Those who are familiar with the relevant requirements at an early stage can also align their personal and professional planning accordingly – for example in the event of a change of employment, a period without gainful employment or a longer stay abroad.
Would you like to know whether you fulfil the requirements for a C permit? We would be pleased to review your individual situation and assist you with the preparation and conduct of the procedure. We would also be pleased to assist you with questions concerning other residence permits and immigration law procedures.
(1) Andorra, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Norway, Portugal, San Marino, Spain, Sweden, the United Kingdom, the USA and Vatican City.
[2 Foreign spouses of Swiss nationals or foreign spouses of persons holding a C permit.
