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Old 28.03.2012, 18:07
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what is needed to sponsor a work permit for non EU

Hi. I was wondering if anyone knows or has experience with the process of sponsoring a work permit for non-EU person?

A friend of mine, a non-EU, is offered a job at a small company. The head of the company seems to have no clue what to do with the process, and now tells her that a friend of his found him a lawyer (friend of this friend) to deal with it and that she now has to pay half the fees this lawyer will charge (the company pays the rest).

Does a lawyer usually needs to get involved in order to sponsor a work permit? Is it normal for a company to ask the future employee for the legal fees? How much does a lawyer usually charge?

Any info appreciated. Thanks.
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Old 28.03.2012, 22:43
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Re: what is needed to sponsor a work permit for non EU

Sounds like a scammer. All the needed info can be found at http://www.bfm.admin.ch/content/bfm/...gehoerige.html Here you can find everything and no need for any lawyer. In case of questions they can call directly to Migrationsamt and clarify.
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Old 29.03.2012, 02:37
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Re: what is needed to sponsor a work permit for non EU

Thanks kkmm for the link. Really weird how they come up with the need for a lawyer speech...
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Old 29.03.2012, 07:03
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Re: what is needed to sponsor a work permit for non EU

If they have no clue about the process, they (the company) may feel more comfortable employing a lawyer, but if they are serious about having your friend as an employee, the paying half the fees thing is a big warning bell. All fees for securing the permit should be paid for and the process handled by the company doing the hiring. Your friend should only need to provide the necessary paperwork.
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Old 29.03.2012, 10:50
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Re: what is needed to sponsor a work permit for non EU

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If they have no clue about the process, they (the company) may feel more comfortable employing a lawyer, but if they are serious about having your friend as an employee, the paying half the fees thing is a big warning bell. All fees for securing the permit should be paid for and the process handled by the company doing the hiring. Your friend should only need to provide the necessary paperwork.
thanks caninsui for your thought. i still do not know why a lawyer though when a call to the migrationsamt and/or the link provided by kkmm could give them a good start. i thought maybe because they may want to know exactly how much they should offer her as salary, how many ads for the position they need to put up and where, etc., but they could go ahead and try submitting all the paperwork first and see, couldn't they?

does anyone happen to know how long the whole process usually take after turning in the necessary documents?

thanks.
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Old 29.03.2012, 10:57
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Re: what is needed to sponsor a work permit for non EU

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thanks caninsui for your thought. i still do not know why a lawyer though when a call to the migrationsamt and/or the link provided by kkmm could give them a good start. i thought maybe because they may want to know exactly how much they should offer her as salary, how many ads for the position they need to put up and where, etc., but they could go ahead and try submitting all the paperwork first and see, couldn't they?

does anyone happen to know how long the whole process usually take after turning in the necessary documents?

thanks.
Have they done the labour market tests? ie Advertised the role locally and in EU and found no suitable candidates? What is the nature of the role - is it a specialist one?
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Old 29.03.2012, 12:26
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Re: what is needed to sponsor a work permit for non EU

I don't understand why this is seen as "a scam"?

Basically the company doesn't know how to do this, they are giving the non-EU person a chance, but I'd bet dollars to doughnuts that they could find someone else to do the job. So if your friend really wants them to sponsor her/him, the company figures s/he'll just have to do it themselves.

A friend of mine went through basically the same thing. The lawyer told them exactly what to do, how to structure the application, etc and the application was eventually accepted. I don't remember who paid for the lawyer though.

At the end of the day, as much as I love my friend, she didn't really have any special skills. It was the rest that was tailored to her.

The key here is "small company".
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Old 29.03.2012, 12:41
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Re: what is needed to sponsor a work permit for non EU

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Have they done the labour market tests? ie Advertised the role locally and in EU and found no suitable candidates? What is the nature of the role - is it a specialist one?
thanks stek. NO, they have not done anything. it's been already a few months since she gave all the papers to the company, and, NOTHING has been done it seems, as they have not even seen a lawyer yet.

does anyone know how long the ads have to be out there till it can be safely assumed no one in EU can be found for this purpose?

regarding the job description though, it can be specialized enough depends on how they write the job description. i do not want to write the nature of the job here, as it can be a bit too specific and i do not want to do anything to affect the procedure. i know i am being super cautious, but as it is my friend's thing and not mine, i do not risk anything...
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Old 29.03.2012, 12:50
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Re: what is needed to sponsor a work permit for non EU

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I don't understand why this is seen as "a scam"?

A friend of mine went through basically the same thing. The lawyer told them exactly what to do, how to structure the application, etc and the application was eventually accepted. I don't remember who paid for the lawyer though.

At the end of the day, as much as I love my friend, she didn't really have any special skills. It was the rest that was tailored to her.

The key here is "small company".
thanks minimia, i was thinking in this line also.

other than the extra work the company has to go through with the process, does anyone know if a company has to pay anything extra to hire a non-EU? i remember owners of small companies in EU countries telling me (non-EU) when i was looking for work they would not be able to afford to hire a non-EU (i doubt they knew much about what is involved though). i always thought there was more than just a bit of extra work involved somehow...
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Old 29.03.2012, 14:20
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Re: what is needed to sponsor a work permit for non EU

So how it works.

A company (doesn't matter actually how big/small is it) has an open position and is looking for a specialist. For a wide range of positions they for sure can and will hire some people locally or from EU. But if they can not find a certain person on a local market (including EU - and company has to prove this to the authorities) only then they can take on board a non-EU specialist. And if you or your friend is such an unique specialist then I think it's companies business to take care of all expenses and paperwork to bring you here. For high-level specialist they even pay the move and relocation costs. For small companies this extra payment doesn't work, but all other expenses should be paid. Otherwise they will be having this position open forever.

The other thing could be that they are not sure what kind of person you are and are you really such a good specialist. For this they can make interview(s) and contact references you provided.

Ok, I can understand that they want to confirm the order of things in the chain and get confirmation that it is legal and therefore hire a lawyer. No pb. But why you have to pay for that?

My company (a small one) took care of everything and I don't know what exactly they did and how much did it cost them to take me here. It took about 6 months from the day when I sent them my CV. It included face-2-face interview, EU labor market research, paperwork and entrance VISA.
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Old 30.03.2012, 10:55
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Re: what is needed to sponsor a work permit for non EU

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So how it works.

[snip]
pointless drivel
[snip]

I don't know what exactly they did and how much did it cost them to take me here.

Oh the irony.
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Old 30.03.2012, 11:30
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Re: what is needed to sponsor a work permit for non EU

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Oh the irony.
You are mixing up the process and details.
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Old 30.03.2012, 12:29
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Re: what is needed to sponsor a work permit for non EU

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You are mixing up the process and details.
And that, my friend, is why people use lawyers in these cases.
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Old 30.03.2012, 14:36
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Re: what is needed to sponsor a work permit for non EU

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And that, my friend, is why people use lawyers in these cases.
I never said it is a bad idea to use a lawyer, I only mean that this is employer's spends to pay for it otherwise they are whether very skeptic about you as a professional and etc which is strange or their business is not as good as it should be. And in both cases this sounds like a warning bell.

Ah yes, it is also a good idea for a scammer to get some money from you and say bye-bye. A friend of mine was in contact of such a scammer, they wanted some money from him for an initial paperwork, proposed him a nice position in UK for doing some IT with cisco. He asked me for an advice and finally we managed to recognize the scammer there.
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Old 30.03.2012, 14:44
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Re: what is needed to sponsor a work permit for non EU

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You are mixing up the process and details.
Details are part of the process.
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