Hey everybody,

I am a software Eng and I have got since June 07 a limited B work permit based on Art 14/4 BVO, by which it is not possible to change the job and is valid for 24 months .

Recently our company gained a big project. The project leader is really eager to put me in the project, but he is worried about the fact that the company won't be able to extend the work permit .

Starting next year, our HR is going negotiate with Arbeitsamt to change the type of work permit .

Now, I have following questions, i would be grateful for reply.

1- Is this change feasible if the company deal with the issue through a lawyer with sufficient documents?

2- How big are chances to get the new work permit after end of this period ? With the new permit, can I change my job ?

It is very difficult to get it done. Normally your chance is after 3 years of stay in Switzerland. But your project leader need not worry. The B permit is normally extended if you stay in the same company and you dont have a criminal record.

Sorry to disappoint but i would love to hear views contradicting mine since i am in the same position as you are but am looking to change jobs. The authorities told me that they will change to unrestricted B only after atleast 3 years stay in Switzerland.

As far as your company negotiating with authorities i doubt if it would be of much use. And your company would like you to be on restricted B since then you cannot leave them

Also look at the following threads

Non-EU Permits - a few bullet points.

New Foreign Nationals Act

Hey,
Thanks indeed for the reply.
I have been reading different threads of this site. It seems that some people managed to get unlimited B after this initial two years. I am really confused . Is this 3 years a new law ? Or the type of our work permit is different ?

I am not sure about the law but the person whom i talked to in the AWA department told me that it is difficult to get an unrestricted B before living in swiss for 3 years. From what i have read from the forums i see that most people have been given an extension of the restricted B permit after the initial 2 years for another 2 years.

hope this helps

It is possible but it requires good justification. The only acceptable justification is change of contract to permanent and not project based. This then requires justification ie why was a permanent contract not issued in the first place, what has changed, is there not others in the market place that can do this job etc... As long as the contract is not permanent the permit will be renewed until 6 years have passed and then end or justify a long term residence permit.

Whenever you apply for a change of permit from short term to long term you effectively go through the process of a new application for a permit ie it is not an easy thing to get.

Note that with this type of short term B you are disadvantaged but that has been covered elsewhere...

Hi Richard,
Thanks for the reply.
I had a permanent contract, when the company applied for work permit ,but I don't why I got just for two years work permit (Art 14/4 BVO befristet) . So do you think at the end of this period, the company can change the work permit to unlimited ? Or according to previous post, I should work at least for three years and the permit will be changed automatically to unlimited ?

Hey,

Thanks again.
I just was wondering what did you mean exactly with living ? Having work permit or rather being in Switzerland ?
As before getting this permit, I was here student for one year with L permit; thus, at the end of the these two years, I have lived here for three years and I can get unlimited. Is this correct ?

You got that because the company filed a project-related permit request. Project hirings can also be done with permanent contracts.

It can but it requires some work. And no it is not automatic and definitely not after three years...
[quote=Alirezakarimi;148834]Hey,

Years spent on a student permit do not count.

There was only one form (Einreiseformular) , Which I filled and I gave to company for further processing . I didn't find any anything related to project-related permit . Could you please explain a little more for me about this ?

OK . Good News . Is it difficult to change or just dull process of getting initial work permit ?

Hey man , thanks a lot . I really appreciate your help.

This is done in the application documents (justification letter, copy of contract etc) that the company submits to the authorities, not in the form that you fill.

Richard already explained above - there is quite some work involved.

You were truly right .I got today the justification pages that my company sent to Arbeitsamt : my boss have mentioned there some reasons why I am eligible for project X.

Sorry, two question more :

1-Project X is over. I am doing now project Y. If the Arbeitsamt finds out about this, would it be a problem for company or me ?

2- If we could get an unlimited permit B, Can I leave the company without a release from the company or job change remains problematic? Since the company needs me a lot, but I don't want to be the company.

Richard, Thanks a lot for your reply.
I was informed by the company that they called the responsible person in Arbeitsamt to change the permit to long-term permit. But the guy replied that it won't be possible at all at the moment. He mentioned that after my two years initial permit , I will get one year extension, provided that the company apply . And after that one year , the company should again apply for long-term . He mentioned that my chances are good. in other words, after three years of having permit with art 14/4 b , I will get unlimited B.

I am really confused .
1) Could this scenario happen ? Or the guy in arbeitsamt made some mistake ?

2) Are you 100% sure that at moment (8 months having limited workpermit ), I can change to unlimited ? do you suggest getting a lawyer?

I am afraid that my permit will be extended again two years more until six years and after that Bye Bye...


I really appreciate you help