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Old 30.05.2015, 23:47
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Non-EU Work Permit: Becoming an Employee at my own company

Hi everyone,

I am holding a non-EU passport and Ausländerausweis B for studies. I undergraduated from ETH Zurich and am currently working on my master's thesis at the same institution. Since I will be graduating in September 2015 I am looking for a job in Switzerland. I know that getting hired is a lot easier if you already have a work permit.

During my studies, I (together with a German guy) started a GmbH based in Zurich. My questions/concerns are as follows:

1) Can I show myself as an employee at my own GmbH and apply for a work permit? How is the procedure like? How long does it take?

2) If I can manage to get a work permit through my own company, can I show and use this same work permit to work at another Swiss company (UBS, CS etc.)? I will be changing my company (from my own to e.g. UBS) so to say.

3) Do you think that this strategy makes sense?

Thank you!
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Old 31.05.2015, 04:45
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Re: Non-EU Work Permit: Becoming an Employee at my own company

Maybe you should find a lawyer specializing in employment, to state your case to the canton, in the best situation for you.

It looks to me as you will be self employed, and you will need to prove you have enough money to live on, at the beginning without considering income from the GmbH.
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Old 31.05.2015, 14:54
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Re: Non-EU Work Permit: Becoming an Employee at my own company

Your company will still need to go through the non-EU hiring process to prove they can't find a Swiss/EU national who could do your job I'm afraid. Nor could you transfer it without a new employer having to do the same thing as your permit will be tied to your company I assume.

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

Some other points to consider.

http://www.kmu.admin.ch/kmu-gruenden...x.html?lang=en

Only holders of a valid C permit (settlement permit for third-country nationals), the spouse of a C permit holder or the spouse of a Swiss citizen have the legal right to establish their own business in Switzerland.

All other persons have no legal right to set up their own business. They must submit an application to the respective cantonal authorities. Apart from the necessary personal requirements, it is decisive in the evaluation that the company will have a "lasting positive effect or influence on the Swiss labour market".

Did you submit an application to be able to set up your business?

Limited liability company (GmbH)
The limited liability company (GmbH) as a legal entity must be represented by at least one person resident in Switzerland. This can be the manager or a director. Accordingly, this person needs to have a valid residence and work permit in Switzerland.

Given that you were both students did your permits include the right to work as far as the terms for setting up a GmbH are concerned?

Note that owning/investing in a business here as a non-EU national does not grant you residency rights.
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