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How can I get settled status?

Settled status in Switzerland, also known as a long-term residence permit (C permit), is indefinite and unconditional, meaning that once you have it, you are allowed to stay in Switzerland for as long as you want, whatever happens – your right to stay will no longer be dependent on your job or family. In fact, you will enjoy almost all the same rights as Swiss citizens.

 

It goes without saying then that upgrading to a C permit is a huge step in your life in Switzerland that can open up a lot of doors, but how can you get your hands on one? The answer is in articles 34 and onwards of the Foreign Nationals and Integration Act (FNIA), which was updated in 2016 to emphasise the importance of integration, which is now an essential criterion for obtaining settled status.

Basic eligibility criteria

Put simply, you become eligible for a C permit after a total of ten years of residence in Switzerland, including the five years immediately prior to applying without interruption. There are a few caveats to this basic condition:

 

1. You need to be sufficiently integrated – specifically, this means that:

     a. you respect public safety and order;

     b. you respect the values of the Swiss Constitution;

     c. you can demonstrate reasonable language skills;

     d. you are working or in education.

 

2. Only years of residence with a residence (B) or short-term (L) permit count towards the ten years;

 

3. You must have had a B permit for at least five years before applying;

 

4. Within those five years, temporary stays don’t count, even if you had a B permit for those visits (see below for details of how and when student permits are counted);

 

5. Your application may be refused if you’ve been convicted of a crime, attempted to defraud the authorities or posed a serious or repeated threat to public order or safety, or if you or one of your dependents relies on social welfare.

 

It is worth noting that the actual permit is valid for five years but is renewable indefinitely as long as you still live in Switzerland – unlike for the renewal of B and L permits, the authorities won’t look into your situation in detail to check that you still meet each of the above conditions, since settled status is deemed to be unconditional once granted.

Applying for a C permit early

Settled status can be granted early in a few different scenarios:

 

1. It may be granted early if justified for significant reasons, in particular if you had previously been resident for 10 years and left Switzerland for no more than six years;

 

2. If you can prove that you are exceptionally well-integrated and can communicate in the local language, you may be granted settled status after five years of residence ;

 

3. EU/EFTA citizens are eligible for settled status after just five years of residence, but this must be uninterrupted and with a B permit;

 

4. If you are the spouse of a Swiss citizen, you can obtain a C permit five years after your marriage/your arrival in Switzerland (whichever is later); if your spouse holds a C permit, you can obtain yours five years after your marriage/your arrival in Switzerland/your spouse receives their C permit (whichever is later);

 

5. Children of a Swiss citizen or C-permit holder under the age of 12 receive a C permit as soon as they arrive in Switzerland, or as soon as the birth is registered if they are born here (in the case of a foreign citizen).

 

Planning to request a C permit early? Get in touch and we can help you write a convincing letter and gather the evidence you’ll need to back up your case.

Do student permits count towards the years of residence?

As indicated above, temporary stays don’t count towards the five years of uninterrupted residence with a B permit, but it’s a little more complicated when it comes to time spent in Switzerland for the purposes of studying: years of residence with a B student permit count towards those last five years only if you have had a B permit for at least two years, uninterrupted, by the time you finish your studies.

 

Here are some examples to show how this works in practice:

 

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11
Bachelors Short-term employment Masters Indefinite employment
B permit (student) L permit B permit (student) B permit (work)

In this example, you wouldn’t become eligible for a C permit until you had been in Switzerland for 11 years, because the year when you were studying for your Masters wouldn’t count towards the necessary five uninterrupted years with a B permit immediately prior to applying.

 

However, that wouldn’t be the case if your Masters course lasted longer or if you already had a B permit when you started it:

 

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Bachelors Short-term employment Masters Indefinite employment
B permit (student) L permit B permit (student) B permit (work)

In this case you would be eligible to apply for a C permit ten years after arriving in Switzerland, because the B permit you held for two years during your Masters meets the requirement to count towards your five years of uninterrupted B permit residence.

 

Similarly:

 

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Short-term employment Indefinite employment Masters Indefinite employment
L permit B permit (work) B permit (student) B permit (work)

In this case, you would have built up four years with a B permit by the time you started your Masters, so that year with a student permit would count towards the five years uninterrupted, meaning that you could apply for a C permit after ten years.

 

Note that the same rules apply if you request a C permit early – your student years will only count towards the five years of residence if you have had a B permit for two years by the time you finish studying.

Can I lose my C permit?

Although settled status is supposed to be permanent, it can be revoked under certain very serious circumstances, namely:

 

1. If you leave Switzerland for more than six months without having informed the authorities;

– Returning to Switzerland for short visits during this time does not reset the clock; the six months will be counted from when you originally left. If you leave Switzerland for more than six months without informing the authorities (temporary absences such as holidays abroad have no effect on your settled status);

 

2. If you are found to have made false declarations during the application and authorisation process or if you try to obtain Swiss nationality dishonestly;

 

3. If are convicted of a crime;

– This notwithstanding, your C permit cannot be revoked solely on the basis of a conviction if the judge overseeing the case didn’t order it as part of the sentence.

 

4. If you pose a very serious threat to public safety and order;

 

5. If you or one of your dependents relies significantly on social welfare for a sustained period.

 

Moreover, your C permit could be replaced with a B permit if you don’t fulfil the integration requirements. If this happens, you will have to wait a further five years before being able to apply for settled status again.

 

As you can see, the possible reasons for revoking settled status are much more limited than the reasons for not granting it in the first place (for example, it can only be revoked if you rely on benefits for a long period, whereas even short-term benefits may result in an initial application being refused). This reflects the permanent nature of settled status.

Our legal experts will be happy to advise you !

We can help you to understand your options, decide on a course of action and complete administrative procedures. Book your first 45-minute consultation completely free of charge.