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Old 14.05.2015, 20:58
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Can spouse reunion visa be changed to a L permit?

Hi,

I came to Zurich with a L permit from my employer and my husband joined me and he is here with a "spouse reunion" permit which allowed him to work here in Zurich as well.

My issue is, upon joining my work, I realize this is not the job for me. However if I quit, we would be forced to leave the country. My husband likes his job, is it possible that his company "promote" his "spousal reunion" permit to a L or B work permit? This way, even if I quit we can stay in the country with his potentially new work permit.

Has anyone any advice or experience around this?

Thank you.
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Old 15.05.2015, 15:48
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Re: Can spouse reunion visa be changed to a L permit?

No, it's not allowed under the Foreign Nationals Act I'm afraid.

"The possibility to exercise a lucrative activity for family members is bound, according to articles. 26 and 27 OASA, to the length of the person's authorization, having benefitted from the domestic regrouping. If the authorization of stay of the spouse is not renewed, family members cannot take advantage of the right to pursue their lucrative activity (art. 6, al. 2, OASA)."

Last edited by Medea Fleecestealer; 15.05.2015 at 17:26.
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Old 15.05.2015, 17:24
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Re: Can spouse reunion visa be changed to a L permit?

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No, it's not allowed under the Foreign Nationals Act I'm afraid.

"The possibility to exercise a lucrative activity for family members is
bound, according to articles. 26 and 27 OASA, to the length of the person's authorization, having benefitted from the domestic regrouping. If the authorization of stay of the spouse is not renewed, family members cannot take advantage of the right to pursue their lucrative activity (art. 6, al. 2, OASA)."
But does this mean that a spouse whose right to work is based on his/her partner's authorization could not be sponsored him/herself for a permit by his/her own employer, just like any other non-EEA worker? Maybe so, but it reads to me like a (fairly obvious) statement that a spouse whose right to work was based on his/her partner's permit would lose that right if his/her partner's authorization ended ... It's not clear (to me, anyway) from this passage that he/she could not be sponsored for a permit him/herself. Perhaps someone with relevant experience could clarify ...
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Old 15.05.2015, 17:29
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Re: Can spouse reunion visa be changed to a L permit?

Yes, because it's taking advantage of the right to work as stated.
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