For example they cannot give you an L permit when you had a B permit in the previous canton. As I understand it this happens quite often amongst non-EU.

I was also hoping that with the new law in effect it would be easier to get this permission, it is at least a basis for argument. Of course IANAL and have no experience in this. I am willing to change cantons but was holding back because of the administrative pain. Now maybe this is an incentive to try...

Sorry, I am a bit slow today - where in the law do you think there is anything hinting towards that?

I Think what he is trying to say is that under the article 37b there is a right to a canton change if you have a B permit and are employed. The change in law in my opinion focuses more on integration than giving huge benefits to non-EU permit holders, but there are slight word changes that on face value give these people a better chance. Whether this in practice will "open the flood gates" I doubt very much but we will see...

Well, suppose you have a B permit and you apply for a permit in a different canton.

Before: The cantonal authority either rejects your permit application (on any ground) or gives you an L or B permit depending on their quota, actual weather and week of day.

After: The cantonal authority either rejects your permit application (on grounds other than quota, this is my interpretation) or otherwise accepts your application and you exercise your right according to Art. 37; and since this is your right, your permit will not be downgraded. (again my interpretation)

I may be over my head here but I really don't see the point of having this article if allowing easier movement between cantons wasn't the intention.

Unless the contract is of a different type, i do not see why the permit would change (or have changed).

Why, have quotas been dropped? I do not think so.

Two points - this article is a) not new - this is the 2005 law and b) it does not grant you a right to move, but rather a possibility to apply for an authorisation that the receiving canton has discretionary powers to either accept or reject.

There is one point you are definitely wrong on. That is that the permit will not be downgraded. When you apply at the new canton you will be assessed according to the conditions prevailing. If you had for example a contract for 3 years, your issuing canton would have to give you a b permit. If 18 months later you apply for a new permit due to a canton change you are applying based on a contract with 18 months to run and this could thus mean an L permit. There is nothing in law that states that once you have reached a B permit you cannot then receive an L permit. Each time you apply for a renewal you renew on the prevailing conditions. What actually does protect you of course is that if you have an unlimited contract and then have worked for several years on this holding a B permit. At this point you cannot be given an L permit on renewal.

I am assuming yes they are dropped for those already in Switzerland because the law makes no reference to quotas as grounds for rejection, whereas it refers to articles 62 and 63 for reasons of ineligibility.

Isn't the quota system created/managed/distributed on the federal level? If yes then I find it very strange that it will be enforced on people the new law is focusing on, but is not mentioned in the text itself.

Thanks for the clarification Richard, are you saying this is also valid today? This is not the horror story I heard but again I may have been misinformed.

As Shorrick said quotas are set at the federal level and do indeed still exist and can indeed be used for reasons not to give a permit. In fact are used as the reason not to give a permit. The whole concept of quotas though should not effect the ability of the canton to "do business" this is one of the key premises.

Again - the text you refer to is not the new law. Commenting on the existing law, the law makes no reference to quotas and their distribution since they are adressed in the federal ordinance pertaining to the specific law.

Yes, the quota is distributed on the federal level, and the word distribution means exactly that - each canton receives a discrete allocation of permits to be given out in a year. So they can - and sometimes do - invoke depletion of quota as ground for rejection.

That is why you have to secure the approval of both the Wirtschaftsamt and the Auslanderpolizeiamt before the permit is granted.

So it is a badly dressed new law which poses as improvement by reformulating the old law and imposes more restrictions.

Just as I thought I couldn't love the swiss immigration system more.

Can you point out what the extra restrictions are?

There are quite a lot, concentrating on non-EU and esp. their family matters, most of which I honestly don't understand why. For example children above the age of 12 must move to Switzerland within the first year of the immigration process or otherwise they cannot.

Oh and it also takes away the right to a C permit after 10 years. Pure fun.

Well, let's hear them.

You probably missed art.34. al.a which entitles you to apply to said permit after ten years, last five uninterrupted (which is more permissive than the previous stipulation of ten years uninterrupted.

No but thanks for pointing that out.
You can 'hear' them in the arguments from the 2xNO campaign held prior to referendum:
http://www.sosf.ch/cms/front_content.php?idart=1359

Also apologies to the original poster, it has gotten off-topic here; was not my intention at all.

Well one thing is for sure while the new law does provide some small advantages for those here already it certainly has more disadvantages for those trying to get in...

I agree that in writing it does deviate from the original ANAG, but in practice this is pretty much how it happens nowadays anyhow...

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1. Would help if anyone has experienced this downgrade (point 1 above). This is a huge disincentive for non EU people to change cantons even if the permission etc. was granted by the new canton.

2. As for the protection by virtue of having a B permit for several years, would it apply if one changed cantons ?

1. I know of situations where this has happened and the recipient has simply been told sorry no quota for B permits...
2. The restrictions on an L permit often make it unusable for a person who has been here for some time - as in over 13 months. Hence if you change canton then the canton must inform you in advance that they have no B permits otherwise they are putting you at a distinct disadvantage and that would not stand up in court.

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Fantastic clarification here. Really valuable for non EU's who want to change cantons.

I was hoping you would give some estimate of the 'been here for some time'-and you did.

Hi peeps! Anybody help please. We are living in canton Zürich and planing to buy a house in Canton Argau or Thurgau next year, since I am about to apply my Swiss passport next year, will it affect the process when I apply in Zürich gemeinde and we changed Canton the same year? I am married to Swiss and living 5 years in Switzerland next year.

Is it true that tax in Argau is higher as in Thurgau?