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Old 12.08.2015, 11:33
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Immigration lawyers?

Dear folks,

I am eyeing for a good immigration lawyer in Zurich to help me through the immigration jungle. Do any of you have good experience and can recommend someone?

I am looking to improve my immigration status. Currently I am on a academic (postdoc) B permit called "Ausbildung mit Erwerbstätigkeit" (non-EU) and my wife has dependent B (EU8), though she has a permanent job while I don't. I am looking to change job soon and would like to know how we can get 5 year EU B permit. Different ppl tell me different things, some even says we are both eligible for C permit next year (we are here since 2011 and both have certified German fluency).

Any tips will be appreciated

Cheers

JR
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Old 12.08.2015, 11:46
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Re: Immigration lawyers?

Ordinarily a C-Permit is granted, upon request and via approval, after 10 years of residence here. However you might be able to apply for an early C-permit after 5 years.

If your date of entry was recorded in your permit as 2011, then from 2016 you could apply for a C-permit. Whether a C-permit is granted is another matter. The application approval time can be lengthy. If it isn't approved you will remain on a B-permit.

A 5-year B-permit is granted when you have an unlimited job contract for example.

If you really want a lawyer, there is, for a start, more information here: English speaking immigration lawyer?

Last edited by plumtree; 12.08.2015 at 11:47. Reason: adding
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Old 12.08.2015, 11:52
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Re: Immigration lawyers?

My case is rather complicated. I don't have a normal B permit (renewed every year) so I have to reapply for permit when I change job. And I am non-EU, also non-US or canada.

My wife is EU, was dependent on me at first, has unlimited contract since last year, but still got dished out a dependent permit that only lasts one year.

We are mega-confused about what to do. I always thought since she has unlimited contract, she should get a EU B 5 years, and I should get a dependent B as well. Or at least we each have our own status. That's why we look for an expert now.

But thanks for the reply!
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Old 12.08.2015, 11:54
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Re: Immigration lawyers?

When does your wife's permit expire? Surely when it does she can then apply in her own right for a 5-year B-permit... providing upon renewal she still has an unlimited job contract.
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Old 12.08.2015, 11:58
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Re: Immigration lawyers?

It expires on same date as mine, march 2016.
She already tried to apply for a 5 year B on her own right this year, but still got the same dependent B...
Perhaps it's about quota?
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Old 12.08.2015, 12:05
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Re: Immigration lawyers?

So I understand you are both renewing your permits once a year for a further year at present.

What is her nationality? Is her salary high enough to support the both of you financially?
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Old 12.08.2015, 12:06
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Re: Immigration lawyers?

Yes, that's correct.
She is polish and I am Chinese. Yes she earns enough (>80k)
I am working too but yearly contract based, salary bit higher.
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Old 12.08.2015, 12:10
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Re: Immigration lawyers?

Your wife`s employer has to make the application to convert her dependent B to a employment B permit. Since she is Polish, that should be quite straightforward. Then you can get a dependent B permit that would make a local job hunt for you much easier.

Edit: As a non-EU, the B permit comes with having a job, and doesnt really need her employers help, but if her employer pitches in the immigration authorities might stop being bar stewards.
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Old 12.08.2015, 12:18
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Re: Immigration lawyers?

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It expires on same date as mine, march 2016.
She already tried to apply for a 5 year B on her own right this year, but still got the same dependent B...
Perhaps it's about quota?
There are no quotas in place, she indeed has the right to get a 5 year EU B permit. In consequence, you also have the right to a 5 year B permit and full professional mobility.

The rules are rather simple. Here is an excellent official source of information, the following document in particular:
https://www.bfm.admin.ch/dam/data/bf...ngen-fza-d.pdf

The cantonal migration office should be able to fix this, it is most likely due to an oversight. Your wife might want to call them up before you summon the cavalry.
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Old 12.08.2015, 12:39
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Re: Immigration lawyers?

Can it really be a mistake? They actually sent us letters to both of us to make sure that we apply together. Or perhaps it is one of those "mistakes"? Rumour is that the MA is under pressure to reduce the 5 year dependent permit for non-EU.

But thanks a lot, I will try to give them a call.
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Old 12.08.2015, 13:10
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Re: Immigration lawyers?

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Your wife`s employer has to make the application to convert her dependent B to a employment B permit. Since she is Polish, that should be quite straightforward. Then you can get a dependent B permit that would make a local job hunt for you much easier.

Edit: As a non-EU, the B permit comes with having a job, and doesnt really need her employers help, but if her employer pitches in the immigration authorities might stop being bar stewards.
Why does her employer have to do it? I would have thought it was straightforward. OP finishes job, wife trots down to the gemeinde to say that he's unemployed, but she has a full time permanent contract so please change my permit and btw my husband will now need a dependent's permit as I will be supporting him. A non-EU dependent married to a non-EU main permit holder may need their employer to deal with things, but I wouldn't have thought an EU national would.

"B Permit Main <-> B Permit dependent spouse" interchangeable?
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Old 12.08.2015, 13:16
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Re: Immigration lawyers?

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Can it really be a mistake? They actually sent us letters to both of us to make sure that we apply together.
Calling it a mistake might be to too harsh. You have got valid permits after all. Maybe they processed the extension "as usual".

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She already tried to apply for a 5 year B on her own right this year, but still got the same dependent B...
Did she submit the proper EU paperwork? Then it starts to look like a mistake on their side...
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Old 12.08.2015, 13:32
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Re: Immigration lawyers?

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Did she submit the proper EU paperwork? Then it starts to look like a mistake on their side...
What is the proper EU paperwork. I thought one only needs a employment contract and passport?
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Old 12.08.2015, 14:10
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Re: Immigration lawyers?

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What is the proper EU paperwork. I thought one only needs a employment contract and passport?
Indeed. But did you submit the correct form? What I had in mind is that the application for an EU B permit is a form different from the non-EU renewal paperwork you had likely received.
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Old 12.08.2015, 15:56
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Re: Immigration lawyers?

I just called MA and they say it is indeed a peculiarity and we should try to resubmit our application. I will go the Kreisbüro tomorrow to ask for the new forms.

Thank you so much!

And Thanks all the forum angels for warm-hearted support
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