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Old 14.05.2015, 01:04
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Work Permit Withdrawal. Possible?

Hi everybody.

I've heard a lot of rumors, that as soon as B permit for non-EU employee is obtained, then person should stay with this company (employer) next 1-3 months, in spite of 'companies unlinked' B permit. You may consider about it as a some kind of protection for company who took care about issuing B permit.

Here is nothing about it:

Since the 1st of Jan. 2008 foreign nationals who hold an annual work permit (B Permit) must no longer obtain permission to change job, profession or canton and to change from employment to self-employment.


Does it mean that as soon as non-EU employee (with long term contract) has obtained B permit, then he\she can immediately change employer without necessity to work some period for this company?
Sometimes these rumor sounds logically, but I can't find any prove for them.

TRUE\FALSE?

Ethical point of view is out of scope of this thread.
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Old 14.05.2015, 01:07
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Re: Work Permit Withdrawal. Possible?

I changed jobs, with the support of both employers, the day the permit switched over.

However, there is a risk there will be a problem with the Permit and so it's probably better to give notice after the new permit is issued and everything is in order, rather than risking being left with no job and no permit...
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Old 14.05.2015, 02:00
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Re: Work Permit Withdrawal. Possible?

Thanks for the fast response.
Which support is required from current employer? And is employer powerful enough to do obstacles on this way (in fact current employer lost employee)?
Didn't get about "problem with permit". Which problems did you mean?
You mean that possible to lose permit because of job changing? Is it required to re-issue B permit within new company?
Thanks.
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Old 14.05.2015, 09:33
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Re: Work Permit Withdrawal. Possible?

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Hi everybody.

I've heard a lot of rumors, that as soon as B permit for non-EU employee is obtained, then person should stay with this company (employer) next 1-3 months, in spite of 'companies unlinked' B permit. You may consider about it as a some kind of protection for company who took care about issuing B permit.

Here is nothing about it:

Since the 1st of Jan. 2008 foreign nationals who hold an annual work permit (B Permit) must no longer obtain permission to change job, profession or canton and to change from employment to self-employment.

Does it mean that as soon as non-EU employee (with long term contract) has obtained B permit, then he\she can immediately change employer without necessity to work some period for this company?
Sometimes these rumor sounds logically, but I can't find any prove for them.

TRUE\FALSE?

Ethical point of view is out of scope of this thread.
Can you provide the link for that quote because I think it only refers to EU nationals? When we moved over back in 1998 EU nationals who held a B permit did have to get permission to change employers, but that was changed a few years later.

You need to check the paperwork that came with the B permit as that will clearly tell you whether you can change employers without prior approval or not. For EU nationals it's printed on the back of their permits, but I don't think they do that with the credit card permit type so the info will be in the accompanying documentation.
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Old 14.05.2015, 11:56
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Re: Work Permit Withdrawal. Possible?

If the employer can't show enoug evidence that they have advertised and interviewed candidates for your job across Switzerland and the EU, the migration office may deny the permit.

My husband's employer took steps like putting the renewal paperwork in as early as allowed. They advertised broadly and they put together a large dossier. They told my husband that if they migration office denied the permit, they already had a lawyer organised to help with any possible appeal of the decision.

It makes no sense to give notice on your job when this process is going through... However, once you have the B permit you might (or might not) be able to get permission to change employers , and most importantly, if your employer wants to give notice and conclude your contract, you can go and find a new job!
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Old 14.05.2015, 17:03
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Re: Work Permit Withdrawal. Possible?

Hi,
I think we are all confusing the OP. clearly the OP says he is a Non EU and his question is about switching about jobs after the unrestricted (not linked to his employer) B permit is approved and i dont see any reason why he cant. technically speaking he can switch jobs to another employer the next day after getting the B permit. is that not the advantage of having an unlinked or unrestrcited B permit. as far as my knowledge goes, i have never heard of such a condition that a NON EU B (unrestricted) permit holder has to be with the same company that obtainted the permit for some time. but nevertheless if the letter from the immigration says change of job not allowed, or permission must be obtainted from the authorities then its a different story. in these cases, it is most likely tied to the employer and the OP cannot change jobs.

to the OP,
read very carefully what is written in your work permit authorization letter, the conditions for your permit should be clearly mentioned there.

cheers
happycreature
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Old 14.05.2015, 18:12
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Re: Work Permit Withdrawal. Possible?

I think we need more info from the OP. It seems he thinks that as soon as he gets a B permit it'll no longer be linked to his employer which is not usually the case for non-EU nationals. Usually the first few years are tied to the employer and it's only after a certain period (5 years, but not sure if the years on L permit count too) that a non-EU B permit is no longer tied.

We need to see the link/document he got the quote from.

Last edited by Medea Fleecestealer; 14.05.2015 at 19:35.
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Old 14.05.2015, 18:43
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Re: Work Permit Withdrawal. Possible?

Agreed. Even the Canton says there is no 'one answer' to this question:

http://www.awa.zh.ch/internet/volksw...eral-questions

It very much depends on whether the permit is tied or not, and that depends specifically on the permit, as some B's are tied and some are not.
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Old 19.05.2015, 16:22
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Re: Work Permit Withdrawal. Possible?

Dear swisspea, HappyCreature and Medea Fleecestealer. Thanks for you support, and sorry for the latest my response. Really appreciate your answers.

Actually HappyCreature was pretty close in understanding my question:
Quote:
"he is a Non EU and his question is about switching about jobs after the unrestricted (not linked to his employer) B permit is approved

he can switch jobs to another employer the next day after getting the B permit....

i have never heard of such a condition that a NON EU B (unrestricted) permit holder has to be with the same company that obtainted the permit for some time.
Surely, if paper says that changing job is prohibited than it means changing job is prohibited, or require additional approval.
I think sending Stellenwechselformular to AWA personally might help in understanding rights to change a job within current permit.
But anyway, nobody never has heard about permit withdrawal because of quit from employer who took care about current permit.
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Old 19.05.2015, 16:30
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Re: Work Permit Withdrawal. Possible?

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It seems he thinks that as soon as he gets a B permit it'll no longer be linked to his employer which is not usually the case for non-EU nationals. Usually the first few years are tied to the employer and it's only after a certain period (5 years, but not sure if the years on L permit count too) that a non-EU B permit is no longer tied.
Actually for the first 2 years my L-permits were linked to current employer, and it was obviously noticed in plastic permit, saying:
"<NAME OF COMPANY>
Stellen- und Berufswechsel bewilligungspflichtig"


but with B permit I haven't this remark on back side. Plastic permit simply saying (on the same place where previously company name was):
"Selbst. Erwerbstätigkeit ist bewilligungspflichtig"

Looks like this B permit is definitely unlinked, since I know pretty well how linked permit looks like. Did I miss something?
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Old 20.05.2015, 13:00
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Re: Work Permit Withdrawal. Possible?

Yes, any limitations will be on the back of the permit. If it's not there then there are none.
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