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Old 27.03.2015, 13:05
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L permit question

We have been working with a lawyer to get a b permit. Have been offered an L permit if we sign a form saying will leave switzerland at expiration. We dont want to leave and are hoping to eventually get residency. Our lawyer says signing this form will not affect our legal right to reapply. Any one have any experience of this. Thanks Jan
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Old 27.03.2015, 13:23
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Re: L permit question

if you have an EU passport, what are you worried about? Free movement for you and your spouse is yours.

That advice is based on your one-liner and your profile.
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Old 27.03.2015, 13:33
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Re: L permit question

Thanks for reply. My husband is american and has american passport. He is the problem really. If we sign this form saying we will leave can we reapply before we leave or will that be it for my husband?
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Old 27.03.2015, 13:58
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Re: L permit question

he has the same rights as you as he's married to an EU passport holder.
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Old 27.03.2015, 16:51
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Re: L permit question

To be perfectly honest, your husband's nationality is probably not the issue. With the minimal information you've provided it sounds like you want to live in Switzerland but neither of you has a job lined up yet. That's the problem.

As an EU (again making an assumption about your nationality) you have the right to move here and search for work or even run your own business, provided you can support yourself. There's no reason I can think of where you'd need a lawyer to get a permit or where it would do much good, as the cantonal authorities make the decisions not the courts. As Sean says, your husband is entitled to the same permit you receive.
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Old 27.03.2015, 18:25
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Re: L permit question

A lawyer isn't going to do you any good really. From the minimal info you've provided and looking at your profile, it seems you've just turned up and expect to live here. Well, it's not quite that easy.

As an EU national you are allowed to come here as a job seeker and of course bring your husband with you - this will be with an L permit because a job seeker permit is only valid for 3 months initially. As you are the main permit holder and he is effectively your dependent you need to either line a job up quickly or have enough funds available to you to support you both without working. I don't know if the dependent's permit your husband gets would also allow him to look for work straightaway or whether he would have to wait until you get a job, though I suspect the latter. A job seeker's permit only grants you the right to live here for the 3 months, though it can be extended funds permitting, but it doesn't grant work rights, that only comes when you can produce a long term, open ended employment contract to show to the cantonal migration office at which point your permit would be changed to a B. As he is your dependent his permit would only grant the residency initially too. Once you have a job then his permit would also change to a B and include work rights the same as yours.

If you don't plan to work, well then it's much more difficult because with your husband being the main permit applicant and not an EU national he's not allowed to come here without an approved job offer which from the sounds of it he doesn't have. As he would be the main permit holder I'm not sure your EU status would negate that requirement. It's extremely difficult for Swiss employers to hire non-EU staff as priority is given to Swiss/EU nationals and people already living here who have a valid permit. The process for non-EU hiring is outlined here.

https://www.bfm.admin.ch/bfm/en/home...zulassung.html

If you can give us more info on exactly what you're trying to do we may be able to give you more relevant advice. But there's no way a lawyer will get you a B permit without you having a job or being independently wealthy. From the little info provided it sounds as if the authorities have quite rightly looked into your financial situation and said yes, you can have a 3 month job seeker permit, but your funds won't be enough to allow you to stay any longer so we expect you to leave the country at the end of that time unless you've found a job. Perfectly normal Swiss procedure and nothing you or a lawyer can change I'm afraid.

For your info:
L permit = 3 months to a year, intended for job seekers or short term work contracts, can be renewed annually sometimes.
B permit = 5 years, usually issued to EU nationals and their dependents on proof of employment.
C permit = 5 years renewable, only granted to EU/dependents after they've been here for 5 years. New law expected in the relatively near future to add conditions to be able to get this.

Last edited by Medea Fleecestealer; 27.03.2015 at 18:29. Reason: Added permit info
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