Dear all,

I need your help on my situation urgently.

I am a non-EU citizen. I came to Zurich to work on my current job in Oct, 2006 on a 12 months L permit. About a month ago, I went through interviews and got a job at ALSTOM. I got a formal offer two weeks ago and signed the work contract with them last week. My starting time at ALSTOM is in Oct, 2007. So they are applying for a B permit for me now.

ALSTOM submitted the application for me last Friday and got a reply from the immigration office on Wednesday that I cannot apply for a B permit while my L permit is still valid. And I cannot apply for changing a L to a B permit. Even if they approved my application of B permit after my L permit is expired, before I get the B permit and after my L permit is expired, I need to leave Switzerland for at least 2 months before I can return.

ALSTOM is continuing trying to figure a way to process my application and they are being very supportive and helpful. But I just can’t believe the situation I am in at the moment. Is it really written down in the regulation that one has to leave the country for at least 2 months before they can return to work again? I am very confused and worried at the moment. Do you have any suggestions that what should I do at the moment?

Thank you all in advance.

Kind Regards,
Joyce

Is this really the case? I thought if you had a 1 year L Permit you could just reapply for a new permit when the first one expires, so if you've got a permanent job, you should hopefully get a B permit when you reapply. I've never heard of having to leave the country first. Is it because of being non-EU? (I am from the EU thankfully) It seems very silly though if that is the rule.

I must admit I thought that it was 3 months you needed to leave for... I have written about this several times. The only way to get a release from this situation is to have the company that you are leaving ie the one that got you the L permit to write and say that for economic or because of the end of the project or some other imaginative reason they are not able to keep you on beyond the end of the project and therefore would be supportive of you changing companies. There is no guarantee that this will help but it might.
The reason this rule exists is effectively to stop a non-EU expert coming to Switzerland and then finding themselves in demand and flitting from one job to another. I do understand that it is frustrating but on the other hand the cost of actually employing someone from outside the EU is quite high and therefore they do tend to be more strict about permits.

Thank you very much for the info. I am going to have a meeting with the HR in ALSTOM today to talk about ways to solve this. Let's hope that things will work out ok.

Cheers,
Joyce

I have had recent situations where a 1 month break has been acceptable (Zurich) . I was also told that the other reason this is enforced is to prevent someone not so good (who gets fired) from flitting to another job - hence the covering letter requirement.

In my mind, it would be much more helpful if the authorities would lay down the law and then stick to it - you just don't know where you stand until you apply and then it seems to depend on who you get on your case.

With respect to the break it all depends on how long you have been here and the circumstances of the termination. If you are here less than 12 months this is handled on a federal level and there are no exceptions. After 12 months but effectively 13 months this moves to a cantonal level and you are better off. You can effectively talk to the guys at the canton and if the company is powerful ie an ABB or ALSTOM or UBS or ... then you can guarantee a short break or even non at all.

Also don't forget that the actual permit states that you cannot change employers without approval. Each situation and circumstance varies slightly so it is always going to be a matter of interpretation and setting the rules for such situations is rather difficult, following them more so

Is that also the case for an EU citizen with a B permit? Does that mean I have to stay with my current employer unless the Swiss government approve?

Not at all if you are an EU17 member. Unfortunately if you are an EU8 member then yes...

No, as a UK citizen you can can change at will.

Really?? Even that I am a non-EU citizen??

are you also a non-EU citizen??

Discrimination against non-EU... I have experienced this myself. Company was not able to get me a B and had to change my permanent contract to temporary 12 month to satisify the authorities in Zurich so they would give me a 12 month permit. Now I can only hope that I will get at least another 12 month after my first 12 month expires. It's amazing to me the games the authorities play to disciriminate against non EU.

tell me about it. it's really difficult and complicated. i can only hope that things are going to get better.

This post scared me a little although my situation is little different.
I am in Zurich for nearly a year on a spousal non-working 12 month L permit. I have found a job now,signed the contract and my employer is now applying for the work permit(don't know whether L or B). Is it possible that I am also asked to leave Switzerland for two months before they change my permit to a working one.

Thanks.

Since you are here with your spouse, it should be a change of status and therefore not a re-issuing of a permit. It's not likely to be a B. Your new employer is the best person to direct those questions to.

To the original poster - it's important to bear in mind that you came to Switzerland basically as the property of your employer (for want of a better expression). That means you are bound to that company, and your entire reason for being in Switzerland is bound to that company. This is pretty much the same situation as happens in the US with work visas.

So as far as the authorities are concerned, you can't then use the fact that you are already in Switzerland to switch to another job. If you do happen to find another job then the whole process will be looked at as a totally separate case, and the whole process starts again from the beginning.

As Richard already pointed out, if you happened to be fired or no longer needed by that company, the authorities *might* take pity on you for this. In my own case it did help. The first company I worked for in Switzerland went bankrupt. But I was EU (before the agreements were made with the EU) and had a B-permit.

Basically you may have to be prepared for a delay between leaving your old job and starting your new one, as well as leaving and coming back.

thanks a lot...i am prepared to leave and then come back now.