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Old 09.06.2015, 19:36
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Non-EU,L - Depandant has been given permission to work.surprisingly !!

Hi,

I am an indian working in Zurich on L permit since july2014. My wife and baby joined me recently in Family Reunion category.

In the letter we received, it is mentioned that my wife is free to work without the employer requiring to go through Non-EU hiring process.

Its very surprising. Faced any such scenario where L dependant is allowed to work.

Thanks,
Vimal
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Old 09.06.2015, 20:00
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

That's nice - celebrate, Vimal !!
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Old 09.06.2015, 21:29
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Unusual to get a letter stating that I believe. Lucky girl.

There will be certain conditions to be met though according to the Foreign Nationals Act:

On admission, a request of the employer respecting the pay and conditions of employment customary in the locality and in the branch must have been made. In addition, members of the family of a holder of an authorization for short stay (art. 26 OASA) must have professional qualifications (personal qualifications, Art. 23 AuG).

Last edited by Medea Fleecestealer; 10.06.2015 at 12:08.
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Old 10.06.2015, 11:55
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Yes, its possible that dependents can work even on L permit, There is no need of any authorization. I know an Indian colleague worked without asking for Authorization, But hiring company should be prepared that he/she has to stop work unless the permit not extended. In general they consider for short term projects keeping the permit validity date in the mind.
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Old 10.06.2015, 12:08
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Quote:
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Yes, its possible that dependents can work even on L permit, There is no need of any authorization. I know an Indian colleague worked without asking for Authorization, But hiring company should be prepared that he/she has to stop work unless the permit not extended. In general they consider for short term projects keeping the permit validity date in the mind.
Sorry, Ryan1213, but authorization is required. This is the sentence preceeding the one I quoted from the Foreign Nationals Act.

"Members of the family of a license holder of short stay (art. 26 OASA) do not have a right to gainful employment. The gainful activity is subject to authorization."

That's what makes this letter so unusual as normally L dependent permits only provide the residency part and don't include the work part - which is why authorization has to be sought to have it added on.
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Old 10.06.2015, 13:11
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Thanks Ryan, we still think it might be a mistake. Waiting for some confirmation.

This is what was mentioned in the letter i received,

WICHTIG!
Falls <Name> nach erfolgter Einreise eine Arbeitsstelle antreten möchte, ist dies ohne weiteres möglich. Ein Gesuch des Arbeitgebers ist aufgrund der neuen Gesetzgebung seit 1.Januar 2008 nicht mehr erforderlich. Die Bewilligung des Familiennachzugs berechtigt gleichzeitig zur sofortigen Erwerbstätigkeit Der Stellenantritt ist ab sofort erlaubt.
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Old 10.06.2015, 13:37
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

That is not my experience. Congrats and i hope you find a job soon! I had to be married before any company would even look at me as a software developer.
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Old 10.06.2015, 14:30
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Translation:

"If <name> would like to take a job after immigration, this is easily possible. A request by the employer due to the new legislation, since January 1, 2008 no longer required. The authorization of family reunification entitled simultaneously to the immediate employment The Entry date is allowed immediately."

which is really strange because that is referring to dependents of non-EU nationals who hold a B permit, not an L permit. The full section of the Act is given here. Note that establishment permit is a C, residence permit is a B and short stay is an L.

"4.4.1 Lucrative business of family members of a foreign (art. 26 and 27OASA)
Art. OASA 26 and 27 provide that the priority (Art. 21 AuG) given to foreign job-seekers already in Switzerland and authorized to work does not apply to the first activity of people entering Switzerland for family reunification ( art. 44 and 45 FNA). This means that holders of a particular residence permit can claim a priority in respect of persons who have entered Switzerland under family reunification.

Members of the foreign family who entered Switzerland under family reunification are not subject to the maximum numbers pursuant to art. 19 and 20 OASA.

Only people with the right to family reunification may invoke the constitutional right to engage in a gainful activity (ATF 123 I 212 ff). Therefore, the family members of a Swiss citizen or establishment permit, under 46 and 27 LEtr OASA, gainful employment without authorization.

By contrast, members of the family of a holder of a residence permit do not have a right to gainful employment. However, given the general objectives of the Foreign Nationals Act (better integration of the foreign population), the legislature decided not to submit gainful employment authorization.

Members of the family of a holder of an authorization for short stay (art. 26 OASA) does not have a right to gainful employment. The gainful activity is subject to authorization. On admission, a request of the employer respecting the pay and conditions of employment customary in the locality and in the branch must have been made. In addition, members of the family of a holder of an authorization of short stay (art. 26 OASA) must have professional qualifications (personal qualifications, Art. 23 AuG).

The possibility of gainful employment for family members is related, according to art. OASA 26 and 27, to the duration of the authorization of the person who benefited from family reunification. If the residence permit of spouse is not renewed, the family members can claim a right to pursue their gainful employment (art. 6, para. 2, OASA)."

https://www.bfm.admin.ch/content/dam...ngen-aug-f.pdf
pages 94/95

The Foreign Nationals Act came into force on 1st January 2008.

What this means is that C dependent permit holders can work without needing authorization. B dependent permit holders should have to seek authorization, but the legislature decided not to implement that part of the Act. L dependent permit holders do have to get authorization to work.

vimalraj30, are you on an open-ended contract by any chance? That's the only thing I can think of which might cause the letter to be sent. Still, it is very unusual for a non-EU L dependent not to need authorization. I would double check it with the cantonal migration office if she does want to work here because it seems to me that, for some reason, they think you hold a B permit and not an L.
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Old 10.06.2015, 15:00
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

thank you for the detailed reply.

I do not have a open ended contract.
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Old 10.06.2015, 15:10
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Hi Vimalraj,
i would suggest that you double check with the work permit authorities if the letter was sent by mistake. as everybody on the forum says, we have never seen any case like that, so it is hard to believe for us.

cheers
happycreature
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Old 10.06.2015, 15:20
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

We also asked them when we went there for Biometrics. They read the letter and said that its true that she can work.(Which i doubt too).

We will have to wait till she gets her card or a job offer and find out. Not really in a hurry. But really curious how this can happen.
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Old 10.06.2015, 15:55
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Re: Non-EU,L - Depandant has been given permission to work.surprisingly !!

Good. also important to check is if she has the words 'Mit Erwerbstatigkeit' on her permit card (when you get it). this means work permission included in german.

cheers
happycreature
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