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Old 04.07.2011, 12:16
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Change employment L-permit non-EU

Hi all,

i've up searching up and down for a while but yet to find any conclusive answer, hoping the forumer here may be able to provide some insight to my questions.

i'm currently working in Lausanne on L permit since 2010 Jan on short term assignment basis. i'm schedule to go back to my home country this coming September. However, i've been contacted by another company located in neuchatel who express interest in offering me a permanent position here. My questions :

1. Can i apply B permit via my new employer before the end of my L permit?

2. i've heard if i need to apply for new permit, i'll need to leave Switzerland and apply abroad. is this true?

3. is there a possibility to transfer my current L-permit from canton Vaud to L-permit canton Neuchatel, and then apply for B permit later?


Hopefully someone will be able to provide me with some answer, i thank everyone in advance.
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  #2  
Old 04.07.2011, 12:48
swissbob
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Re: Change employment L-permit non-EU

Impossible to answer without knowing your nationality .
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Old 04.07.2011, 13:55
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Re: Change employment L-permit non-EU

Hi Bob,

I'm from Non-EU country, sillypore to be specific. I don't think nationality plays a part, no?
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Old 04.07.2011, 15:01
swissbob
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Re: Change employment L-permit non-EU

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Hi Bob,

I'm from Non-EU country, sillypore to be specific. I don't think nationality plays a part, no?
No, or rather yes, a big part.

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1. Can i apply B permit via my new employer before the end of my L permit?
This is a tricky one. There has to be a gap between your current L and a new permit (which may or may not be a B by the way). Commonly, the gap expected is a year but there are many here who have managed with a smaller gap. Technically, there is nothing stopping an employer applying for a permit for you before the end of your current permit but in reality (from anecdotal evidence on this forum) it appears to be more likely to be turned down that if done in the spirit of the law.

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2. i've heard if i need to apply for new permit, i'll need to leave Switzerland and apply abroad. is this true?
Usually. There have been exceptions but few and far between.

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3. is there a possibility to transfer my current L-permit from canton Vaud to L-permit canton Neuchatel, and then apply for B permit later?
No, L permits are not transferable between Kantons.
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Old 05.07.2011, 13:04
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Re: Change employment L-permit non-EU

Thanks Bob,


erm, very tricky... so in conclusion, can i say that:

1. my current L permit is useless for my new job.

2. nothing stopping my new employer to apply B permit for me. BUT chances for approval is very very small?


i wonder why there are no clear direction / procedure for cases like this. why makes things so difficult?
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Old 05.07.2011, 13:08
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Re: Change employment L-permit non-EU

Oh, just out of curiosity, why does nationalities matter? i thought the difference is only between EU and NON-EU?
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Old 05.07.2011, 15:35
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Re: Change employment L-permit non-EU

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i wonder why there are no clear direction / procedure for cases like this. why makes things so difficult?
The law and procedures are quite clear .... but can be bent a little here and there .
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Old 05.07.2011, 15:37
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Re: Change employment L-permit non-EU

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Oh, just out of curiosity, why does nationalities matter? i thought the difference is only between EU and NON-EU?
Some countries have individual agreements with Switzerland. Also, some non-EU nationals may be treated differently in some cases (US, Canada, Australia, NZ for example).
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Old 06.07.2011, 01:58
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Re: Change employment L-permit non-EU

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No, L permits are not transferable between Kantons.
Not unless you ask nicely, I was able to transfer my L Permit to another Canton back in 2006, and I'm non-EU.
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Old 06.07.2011, 08:54
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Re: Change employment L-permit non-EU

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Not unless you ask nicely, I was able to transfer my L Permit to another Canton back in 2006, and I'm non-EU.
ahem ......

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Some countries have individual agreements with Switzerland. Also, some non-EU nationals may be treated differently in some cases (US, Canada, Australia, NZ for example).
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Old 06.07.2011, 12:38
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Re: Change employment L-permit non-EU

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Not unless you ask nicely, I was able to transfer my L Permit to another Canton back in 2006, and I'm non-EU.
Hi Decider,

were you with the same company that relocate or did you change employer too?
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Old 06.07.2011, 12:42
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Re: Change employment L-permit non-EU

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Some countries have individual agreements with Switzerland. Also, some non-EU nationals may be treated differently in some cases (US, Canada, Australia, NZ for example).
anywhere i can find out which are the few countries that are treated differently?

Thanks again bob, you've been really helpful
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Old 06.07.2011, 13:23
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Re: Change employment L-permit non-EU

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This is a tricky one. There has to be a gap between your current L and a new permit (which may or may not be a B by the way). Commonly, the gap expected is a year but there are many here who have managed with a smaller gap. Technically, there is nothing stopping an employer applying for a permit for you before the end of your current permit but in reality (from anecdotal evidence on this forum) it appears to be more likely to be turned down that if done in the spirit of the law.
Really? But I know lots of non-EU people (US, China, Singapore, etc.) who were first here on assignments/limited contracts and only later localized. They all got new B permits without any gap from the previous L. Is this different if it's with the same employer?
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Old 06.07.2011, 13:56
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Re: Change employment L-permit non-EU

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Is this different if it's with the same employer?
Of course it is.
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Old 07.07.2011, 14:28
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Re: Change employment L-permit non-EU

i found this online-

Art. 55 Changement d’emploi

(art. 32, al. 3, LEtr)

Les titulaires d’une autorisation de séjour de courte durée peuvent être autorisés à changer d’emploi au sein de la même branche et de la même profession s’ils ne peuvent poursuivre leur activité auprès de leur employeur ou si l’on ne peut pas raisonnablement l’exiger d’eux, pour autant que le changement d’emploi ne soit pas dû au comportement de l’employé.

From my limited french knowledge, it seems to say its possible to change job but:

1. must be within the same industry, the same profession

2. Can no longer work for current employer

3. Is not due to the misbehavior of employee

Is that right? then it seems pretty clear is possible to change job while holding L permit (séjour de courte durée)

Can any french expert verify this?
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Old 07.07.2011, 15:22
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Re: Change employment L-permit non-EU

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i found this online-

Art. 55 Changement d’emploi

(art. 32, al. 3, LEtr)

Les titulaires d’une autorisation de séjour de courte durée peuvent être autorisés à changer d’emploi au sein de la même branche et de la même profession s’ils ne peuvent poursuivre leur activité auprès de leur employeur ou si l’on ne peut pas raisonnablement l’exiger d’eux, pour autant que le changement d’emploi ne soit pas dû au comportement de l’employé.

From my limited french knowledge, it seems to say its possible to change job but:

1. must be within the same industry, the same profession

2. Can no longer work for current employer

3. Is not due to the misbehavior of employee

Is that right? then it seems pretty clear is possible to change job while holding L permit (séjour de courte durée)

Can any french expert verify this?
This clause specifically allows for an L permit holder who's job is terminated prior to it's contracted date through no fault of the employee. Example - project gets cancelled, company goes under, and similar.

In such a case the support of both the releasing and future company is required.

I think your issue is that your contract is ending normally i.e. you have been here for the agreed time and not suddenly cut short.
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Old 07.07.2011, 15:44
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Re: Change employment L-permit non-EU

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This clause specifically allows for an L permit holder who's job is terminated prior to it's contracted date through no fault of the employee. Example - project gets cancelled, company goes under, and similar.

In such a case the support of both the releasing and future company is required.

I think your issue is that your contract is ending normally i.e. you have been here for the agreed time and not suddenly cut short.

i was suppose to go back on 2012 JAN, my contract specifically stated that. but my stay was cut short because they needed me back in Singapore. Does this count?
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Old 07.07.2011, 16:11
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Re: Change employment L-permit non-EU

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i was suppose to go back on 2012 JAN, my contract specifically stated that. but my stay was cut short because they needed me back in Singapore. Does this count?
Sorry to say I suspect not - you need the support of your current company in the form of a letter saying why they cancelled the project. Requiring your relocation back to SGP isn't going to a valid reason.
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Old 05.02.2012, 00:08
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Re: Change employment L-permit non-EU

I'm resurrecting this thread in the hopes of getting some up-to-date additional information.

From what I can gather from this thread as well as another from 2006, it is possible for a Non-EU national to change jobs on an L permit. However the 2006 thread notes that your employer has to agree to allow your L permit to be transferred, while this thread adds in the requirement that your current contract is ending.

So, to my question:
For a non EU-national (American) with an L permit, is it possible to change jobs if I have an unlimited (unbefristet) contract with a large Swiss employer? I only have the L because there were no B permits at the time the company applied for me. I would be staying in the same line of work (IT), but switching to a different company. My L permit clearly denotes my current company's name on my permit.


Referenced thread from 2006:
possible to change employer on L-permit
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