Challenges

After 10 years of regular and uninterrupted residence in Switzerland, a foreigner may apply for a C settlement permit. In the last 5 years before applying, the foreigner must have been in possession of a B residence permit. If there are no reasons for revocation in the sense of Art. 62 and 63 of the Foreigners and Integration Act and the person is integrated, nothing stands in the way of the settlement permit.

With integration, the legislator means the conformity of the behavior with the Swiss legislation, the language abilities, and the participation in the economic life in Switzerland. Very often, the conformity of behavior is related to the participation in the economic life. In the case of language skills, the required language skills are specified for each constellation of acquiring a settlement permit (regular and early issuance, family reunification).

The list of documents is long for third-country nationals. The most important documents are listed below:

  • Extract of Criminal record (for children from the age of 10).
  • Confirmation from the municipalities of residence for the last three years about any social welfare benefits received.
  • Original excerpt from the debt collection register (for children over 16 years of age; including detailed excerpt from the loss certificate register) of the municipalities of residence for the last three years.
  • Certificate attesting to the applicant's command of the German language orally at level A2 (speaking, listening) and in writing at level A1 (writing, reading). The accepted language certificates are telc, Goethe, ÖSD, SDS, TestDaF, KDE or fide (always to be clarified in advance by the canton, depending on the official language).
  • Current employment contract and current payslip.
  • Personal data (name and date of birth) and addresses of all children and children of the foreign spouse.

Practice shows that if the formal requirements are met (no debt collection, no penalties, no dependency on social welfare due to continuous employment, existence of the accepted language diploma), the settlement permit is granted without further ado.

Characteristics of the C-permit at a glance:

  • Discretionary decision = in principle no entitlement, except for spouses of Swiss nationals and permanent residents
  • Unlimited, despite control period of 5 years
  • In case of "integration deficits" downgrading to B permit
  • Without conditions (only reasons for revocation according to Art. 62 and 63 Foreigners and Integration Act)
  • Change of employer possible within all Switzerland
  • Change of canton, if no grounds for revocation according to Art. 63 Foreign Nationals and Integration Act
  • Early issuance in case of uninterrupted residence of 5 years and language level B1 (all other criteria must also be met)
  • EU/EFTA citizens must provide proof of language proficiency if not native speakers in the canton of residence.
  • Ordinary taxation with tax declaration instead of withholding tax by employer

Since the revision of the law in 2019, it has been possible for permanent residents who have lived in Switzerland for more than 15 years to be expelled from Switzerland, for example, due to drawing social welfare benefits through no fault of their own.

In the case of a Turkish woman who had lived in Switzerland for more than 20 years, the authorities downgraded her to a B residence permit because she separated from her husband and was not gainfully employed. The mother of 5 was also illiterate. Due to the lack of financial means, she and her children became dependent on social welfare. The cantonal migration authority, therefore, ordered the downgrading to a B permit. After a long legal process, she managed to prove that the welfare dependency was not her fault. Consequently, the court cancelled the downgrading.

Since the beginning of 2019, 597 people have been downgraded from a C to a B permit according to statistics from the State Secretariat for Migration (SEM). Most in the cantons of Zurich (170 cases) and Aargau (111 cases), followed by Berne, Basel-Landschaft and Thurgau. People from Serbia, Turkey and northern Macedonia had their C permits revoked most frequently. Each canton interprets "integration deficits" differently.

However, the Federal Supreme Court has ruled in its last leading decision (decision of October 19, 2021 (2C_667/2020) that a downgrade can only be imposed in case of serious integration deficits. A warning would first have to be issued prior to a downgrade. In the case of a Kosovar citizen, the Federal Court overturned the downgrade, even though he had several road traffic convictions, they were still minor and had occurred before the 2019 revision of the law.

No change in the practice of the cantonal migration offices is expected yet, so the legal process is the alternative as an appeal protection.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.