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Old 27.02.2015, 13:13
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When is the category of actual work/residence permit known

Hello all,

I would like to know who decides the category of the residence permit (B or L), is it the canton authorities or FOM?

I have gone through few posts in EF where people said they came to know about the actual category after they had the actual residence permit in hand after registration at local office. On the contrary, other posts say that once the canton office takes a decision, they update the candidate if their application is approved or not, which also includes the type and duration of the permit (eg. B permit for 3 years).

Can someone suggest which is true, any links to official documentation would be really helpful.

Cheers,
Kris
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Old 27.02.2015, 16:29
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Re: When is the category of actual work/residence permit known

Like everything else it depends on your nationality and what type of contract you have. An EU national is almost certain to get a B permit straight away, but a non-EU is more likely to get an L to start with, even if the contract is an open-ended one. Non-EU's are also subject to quota limits so even if the contract might qualify for a B, you could end up with an L if that quarter's B permit allocation is already used.
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Old 02.03.2015, 23:12
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Re: When is the category of actual work/residence permit known

I believe that was not the question.

It looks to me that the decision is up to the cantonal authorities, and FOM just approves it. Judging from the application form in VD, the canton seems to select the type of permit, as well as whether it is deducted from the federal reserve or not.

There is also strong empirical evidence to back this up: At some places (e.g. ZH, TI, VS), as non-EU-EFTA, no way you're getting a B before two years on an L, even if you have an open-ended contract from day one. At some other places (VD, AG, SG) they give you a B immediately without L-ing you. If the decision were FOM's, I believe it would be uniform.
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