Hi,

I think there is already a small post on this topic. However i think this particular topic would need a new thread since this affects a lot of Non EU citizens in Switzerland.

The new Act comes into force on 1st January 2008. So would welcome all the informations gleaned out from the act.

The notitifcation and relevant is available on the BFM website
http://www.bfm.admin.ch/bfm/de/home/...dergesetz.html

All informations are welcome

Just found out from the BFM that the change of employer is not for Project related B permit, though i am not sure how to differentiate between project and non project related B permit.

the funny part is that you could be on a permanent employment with an indefinite period validity but your permit could be still project related. I am not sure how the authorities decide on this

Any ideas.

this happened to me before. I got a project sponsored 3 year work permit with a yearly B residence permit. I wasnt allowed to change jobs until 3 years were over. Than I got married and limitations were removed with my new permit.

Were you on a permanent employment. Was your spouse a swiss citizen or EU citizen for your limitations to be removed after marriage.

I am trying to change my job but am scared of rejection. Also I did not even know that i am on a project related permit until when it came to changing my jobs.
In essence my situation is that the company can let me go whenever they want to but i cannot leave the company. Looks like bonded labour for me. I am not sure if my HR did this on purpose or because they need to do less work.

This is exactly the issue which is bothering me at the moment. Let me state first that I have read posts for days on this forum but couldn't find an answer to this.

My situation is similar. I also have this 3 year work permit with yearly renewal and a permanent contract. I have an opportunity to change the company (I have been offered a job unofficially) and would gladly do so, but as you said I have quite a huge fear of ending up with no job and no work permit.

So to get straight forward answers (if such thing is possible with these work permits ) here are some straight forward questions:
1) How can I positively identify the type of the work permit I have?
2) In case I have this "project" permit am I allowed to change the job?
2a) In case of a "yes" answer: what is the procedure?
2b) In case of a "no" answer: what are my possibilities?
3) Am I allowed to change the job if it is in another canton?
3a) Same as 2a
3b) Same as 2b

I wish to thank in advance, in my name and the names of all other poor people trying to find out an answer to this question, to the good soul which will (hopefully) answer this question.

Is it possible for someone to put the main benefit in points as mentioned on the bfm website. It will be great help to people like me who cannot read D/F/I.

Thanks

Please let me expand, I figured out that I forgot a usual bit of info:
- Non EU
- Aufenthaltsbewilligung is what is written inside my ausländerausweis
- the name of the company I'm working for is written under Aufenthaltszweck
- on the paper I got from Migrationsamt it says: Aufenthaltsdauer 12 Monate befristet auf 36 Monate

So now that I'm already asking questions, can somebody tell me what happens after 36 months?

I have seen people asking these questions already but the answers I read are quite contradictory and it is quite hard to see the tree from the woods.

Some answers which i have been able to garner

1) How can I positively identify the type of the work permit I have?
The B permit does not state the kind of work permit. I heard that the Zulasuungscode in your lettter from the migrationsamt is what matters. If it is 1406 then it is project related.

2) In case I have this "project" permit am I allowed to change the job?
In theory you can. But the kantonal authorities have to approve the change and from my experience it is not always approved

2a) In case of a "yes" answer: what is the procedure?
The same as what you do for your B permit the employer has to apply for the permit. Normally the migrationsamt asks for a letter from your current employer stating why they are willing to let you go. So in effect your options are limited.

2b) In case of a "no" answer: what are my possibilities?
It is not a straight no

3) Am I allowed to change the job if it is in another canton?
The same as 2 above but you need one extra step, that is the federal authorities also need to approve

3a) Same as 2a
same as 2a

3b) Same as 2b
Same as 2b

I would give you a "thank you" on this message if I could only find this option. Anyway: thank you!

I definitely have the stated number on my permit (1406). So what does this mean? I will be able to work here for this employer only, until the end of my life or what? What happens once these 36 months are over?

I am not sure, but i can tell you my experience. I had a 24 month work permit. It was supposed to have been expired on 30.09.2007. So about 4 months before the expiry date i had to apply for the work permit again. It is normally a formality but there is no right for renewal. For me it was again renewed for 2 more years. So you can live happily everafter until 2009. Then the whole preocess starts again.
Here you need to differentiate between residence and work permit. A residence permit is renewed yearly but the work permit needs to renewed after the expiry of the period of grant in your case 3 years and in mine 2 years.

Code 1406. I cannot be sure but i think it is B permit granted for a particular reason or project. If that is what it means then the new foreign national act does not help you since the right to change employers and Cantons are not applicable to holders of these kind of permits. They follow the same procedure as mentioned in my previous post

Sorry not to give you more favourable answers

Actually it does - if it is of a three year limited validity, then it is project related.

Actually in theory you cannot, since the permit is delivered for a specific position and the change is approved only under very specific circumstances. These circumstances have already been covered by Richard in great detail in this subforum..

Not necessarily the federal authorities.

Yes it does but the validity is on the letter given by the authorities not on the B permit itself

Sorry it was a misunderstanding. You dont have a right to change jobs with the project related B permit. But the authorities can approve your change under specific circumstances which has been explained in the previous post.

Ahh, I beg to differ. Somewhere in the permit you'll have a notice sounding like "Aufenthaltsdauer 12 Monate befristet auf 36 Monate".

Hi Shorrick,

Thanks a lot for the wonderful information to all who posted here.

One more clarification, in case of limited period 36 months non EU B permit, what happens when the 36 months are over, considering one is still in the job.

With the new laws, does it help or make the things worst?

I might be mistaken but there is no mention of this in my B Permit it says that the residence permit is valid for one year. Just to confirm i asked my employer to give the copy of the original letter which they received from the authorities and on it was mentioned "12 monate befriested auf 24 monate".

the employer applies for an extension which is normally approved. However there is no gaurantee and the authorities say that it depends on the situation at the point you apply for renewal.
So theoratically there is a chance for rejection though my HR says that they have never come across a rejection until now (Depends on how much you trust HR)

Just had a talk with my HR and they showed me the letter which they sent to the Migration department. They have clearly mentioned in the letter that my Employment is permanent and there is no end date. They did the same during the extension. But the department still gave me Project related B permit both the times.

When i checked with the migration department they said that the project related B permit is given if you have employment contract with limited validity of more than 2 years ie if you have let us say 3 year Contract with the company.

So today's conversation with my HR and migration department leaves me with more questions than answers

The link is dead, can you please update the link?

I am very curious, thanks in advance!

http://www.bfm.admin.ch/bfm/de/home/...dergesetz.html

Only available in national languages though.

The link for the new act had moved from on going projects to closed / implemented projects on the BFM website. So the old link does not work. I have also updated the link in the main post