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Old 20.07.2015, 23:52
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Upgrading to unrestricted B-permit before renewal date

Hi All,

I am non-EU. How can I apply to upgrade my 'close' (ie restricted to my employer) B permit to a new 'open' (unconstrained) B permit, before my current B permit is to expire/renew (April 16)?

I presume that the office of Work and Labour in Zurich will not be too keen to consider this before the reveal date, however - possible a lawyer could help here?

Living here for almost 7 years, I have open ended contract and a good role in the finance sector. I need this upgrade as it will be much simpler then to consider other opportunities.

Thank you for your help.
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Old 21.07.2015, 13:34
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Re: Upgrading to unrestricted B-permit before renewal date

As far as i know, you cannot upgrade your restricted B permit to an unrestricted one by yourself. Your employer has to ask for the restriction to be removed and it is logical to see that no employer will do that. so in summary it can never happen.

if your intention is to change jobs, you cannot do it on your current restricted B permit.

the only other possibility is to get a new job and the new employer asks the labour office to open your B permit so that they can hire you. i also heard that the current employer has to give a NOC (no objection certificate) to the labour office before they can allow you to be hired by the new employer. if your new employer is from another canton, then the NOC thing may not apply but still the whole thing is like asking for a new permit with no guaranteed result.

if you have been here so long, why dont you apply for an early C permit? search on the forum for VINTA Early C permit. your current employer has no influence on this and a C permit is much more than a open B perimt, when it comes to changing jobs.

cheers
happycreature
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Old 21.07.2015, 13:35
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Re: Upgrading to unrestricted B-permit before renewal date

Also to clarify that a lawyer cannot help you in this situation to convert your restricted B permit to an unrestricted one.
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Old 21.07.2015, 13:52
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Re: Upgrading to unrestricted B-permit before renewal date

Are you sure that you are on a restricted B Permit? AFAIK maximum limit to be on restricted B permit is 6 years.

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Hi All,

I am non-EU. How can I apply to upgrade my 'close' (ie restricted to my employer) B permit to a new 'open' (unconstrained) B permit, before my current B permit is to expire/renew (April 16)?

I presume that the office of Work and Labour in Zurich will not be too keen to consider this before the reveal date, however - possible a lawyer could help here?

Living here for almost 7 years, I have open ended contract and a good role in the finance sector. I need this upgrade as it will be much simpler then to consider other opportunities.

Thank you for your help.
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Old 21.07.2015, 22:52
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Many thanks. My employer will agree to apply to authorities and indicate that they do not object (rationale is a certain change in employment contract requiring HR reshuffling and combining it with part time work for another subsidiary; it is much easier to do so with an open B permit).


What is the process for my employer to apply for changing my B permit to an open one before it expires and requires a renewal? Should we use a lawyer for this?




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As far as i know, you cannot upgrade your restricted B permit to an unrestricted one by yourself. Your employer has to ask for the restriction to be removed and it is logical to see that no employer will do that. so in summary it can never happen.

if your intention is to change jobs, you cannot do it on your current restricted B permit.

the only other possibility is to get a new job and the new employer asks the labour office to open your B permit so that they can hire you. i also heard that the current employer has to give a NOC (no objection certificate) to the labour office before they can allow you to be hired by the new employer. if your new employer is from another canton, then the NOC thing may not apply but still the whole thing is like asking for a new permit with no guaranteed result.

if you have been here so long, why dont you apply for an early C permit? search on the forum for VINTA Early C permit. your current employer has no influence on this and a C permit is much more than a open B perimt, when it comes to changing jobs.

cheers
happycreature
I checked and they said I am. I was on student B and also L permit for some time...


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Are you sure that you are on a restricted B Permit? AFAIK maximum limit to be on restricted B permit is 6 years.
PS can I apply for a C permit before my B permit is to expire? I hear I need a B1 certificate in canton Zurich for this (which I do not have)?


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As far as i know, you cannot upgrade your restricted B permit to an unrestricted one by yourself. Your employer has to ask for the restriction to be removed and it is logical to see that no employer will do that. so in summary it can never happen.

if your intention is to change jobs, you cannot do it on your current restricted B permit.

the only other possibility is to get a new job and the new employer asks the labour office to open your B permit so that they can hire you. i also heard that the current employer has to give a NOC (no objection certificate) to the labour office before they can allow you to be hired by the new employer. if your new employer is from another canton, then the NOC thing may not apply but still the whole thing is like asking for a new permit with no guaranteed result.

if you have been here so long, why dont you apply for an early C permit? search on the forum for VINTA Early C permit. your current employer has no influence on this and a C permit is much more than a open B perimt, when it comes to changing jobs.

cheers
happycreature

Last edited by 3Wishes; 21.07.2015 at 22:59. Reason: merging consecutive replies
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Old 23.07.2015, 09:27
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Re: Upgrading to unrestricted B-permit before renewal date

Hi guys,


any help with the above?


- How can my employer apply for an Open B permit for me (yes my employer will agree to do so) even before I need to renew my restricted B permit (only in March 16) ?


- Can I apply for a C permit (VINTA? )even before my B permit has to be renewed?
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Old 23.07.2015, 12:17
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Re: Upgrading to unrestricted B-permit before renewal date

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Hi guys,


any help with the above?


- How can my employer apply for an Open B permit for me (yes my employer will agree to do so) even before I need to renew my restricted B permit (only in March 16) ?


- Can I apply for a C permit (VINTA? )even before my B permit has to be renewed?
Answer to question 1: your employer can call the local immigration office who can guide your employer about the process
Answer to question 2: Although a C permit can be applied by yourself, it is not a guaranteed right for a Non EU. there are rules and conditions to be fulfilled before you can ask for a C permit (eg: B1 language certificate in Zurich). so check if you fulfill all the conditions and you must do a B1 exam if you want to apply for a C permit. if you cant do it, it simply means you wont be eligible for a C permit (VINTA).

cheers
happycreature
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Old 23.07.2015, 12:22
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Re: Upgrading to unrestricted B-permit before renewal date

Also a C permit can be applied anytime. I think this is what you wanted to know for question 2.

about VINTA, search in the forum and you will find threads giving details about the conditions to be fulfilled.
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Old 23.07.2015, 12:29
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Re: Upgrading to unrestricted B-permit before renewal date

Many thanks.


Regarding 1: is it the immigration office or actually the labour anf work office?


Regarding 2: Is the B1 test applying also for say application outside of Zug (I consider moving there anyway)? I hear that it is easier to get it in some cantons compared to others.




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Answer to question 1: your employer can call the local immigration office who can guide your employer about the process
Answer to question 2: Although a C permit can be applied by yourself, it is not a guaranteed right for a Non EU. there are rules and conditions to be fulfilled before you can ask for a C permit (eg: B1 language certificate in Zurich). so check if you fulfill all the conditions and you must do a B1 exam if you want to apply for a C permit. if you cant do it, it simply means you wont be eligible for a C permit (VINTA).

cheers
happycreature
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Old 23.07.2015, 12:34
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Re: Upgrading to unrestricted B-permit before renewal date

1) i think labour office because they deal with work permits. why dont you ask your employer to call both the offices instead of asking again and again in this forum? the offices are really helpful.
2) the rules for C permit are canton dependent. so check the rules for Zug if you plan to move there. but generally i heard that the language requirement is lesser in zug and they ask only A2 certificate. the summary is, you cannot ask for a C permit without any german knowledge. you either need A2 or B1 depending on the canton.
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Old 23.07.2015, 12:38
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Re: Upgrading to unrestricted B-permit before renewal date

thank you


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1) i think labour office because they deal with work permits. why dont you ask your employer to call both the offices instead of asking again and again in this forum? the offices are really helpful.
2) the rules for C permit are canton dependent. so check the rules for Zug if you plan to move there. but generally i heard that the language requirement is lesser in zug and they ask only A2 certificate. the summary is, you cannot ask for a C permit without any german knowledge. you either need A2 or B1 depending on the canton.
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