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Old 22.08.2015, 10:37
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I do a Phd in Law. I found a job. But now there comes again the work permit problem...

My permit expires at the end of October 2015. As I am a Phd student I can work full time.. But the company's lawyer telling me that I can just work 15 hours per week ( which is not true at all). I'm also a lawyer by the way , from a non-EU country.

Any ideas? Any updates? Otherwise I think I will leave this country forever. I do not have any power to fight.....

Thanks from now on.. Feeling bad today..

I meant I may work full time at the summer period

Last edited by 3Wishes; 25.08.2015 at 22:51. Reason: merging consecutive posts
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Old 22.08.2015, 11:07
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Re: Non-EU work permit problem

As someone who has completed a university degree at a Swiss university, you can remain in Switzerland for six months to look for a job. If you find a job, you are then to be granted a work permit:

"Foreign graduates holding a Swiss university-level diploma to be granted easier access to the labor market

Parliament passed the Neirynck initiative on June 18, 2010, a parliamentary initiative aimed at amending article 21 of the Foreign Nationals Act. The amendment provides for foreign nationals graduating from a Swiss university-level institution to be on an equal footing with Swiss nationals when it comes to entering the Swiss labor market.
To find employment, foreign nationals who have earned a Swiss university-level diploma will be entitled to stay in Switzerland for six more months from the time of completing their education or postgraduate studies. Those who are successful in securing employment will be issued a work permit, provided the prospective position involves an activity of particular scientific or economic importance.
The amendment has taken effect on 1 January 2011."

https://www.bfm.admin.ch/bfm/en/home...abgaenger.html
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Old 22.08.2015, 13:11
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Re: Non-EU work permit problem

Many thanks for your reply. The company wants to hire me now.. So the only solution is to finish my PhD?
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Old 22.08.2015, 13:12
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Re: Non-EU work permit problem

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I do a Phd in Law. I found a job. But now there comes again the work permit problem...

My permit expires at the end of October 2015. As I am a Phd student I can work full time.. But the company's lawyer telling me that I can just work 15 hours per week ( which is not true at all). I'm also a lawyer by the way , from a non-EU country.

Any ideas? Any updates? Otherwise I think I will leave this country forever. I do not have any power to fight.....

Thanks from now on.. Feeling bad today..
TBH, I don't really get what you said. You said you got a job: part time job or formal job? Parttime job has nothing to do with your permit, while fulltime job of course needs approval.
The lawyer in the company is not really wrong in my eyes: you are PhD. PhD is considered half job position here. The 15h/week or fulltime during holiday is probably for university student only.
Sounds like you misunderstand the PhD position: PhD student is considered as half employee but with a student permit. PhD students in the Swiss universities follow the holiday scheme like formal employee but not the university scheme for the bachelors or masters.
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Old 22.08.2015, 13:30
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Re: Non-EU work permit problem

I just write a thesis with Phd. I do not gain anything from that. It is not a job.
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Old 22.08.2015, 13:53
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Re: Non-EU work permit problem

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Many thanks for your reply. The company wants to hire me now.. So the only solution is to finish my PhD?
No, there is this option too:

"Non self-employed

If you are a third-country national who has been offered a job in Switzerland, your prospective employer must submit an application to the cantonal immigration or labour market authorities. If the application is accepted, it will be forwarded to the State Secretariat for Migration (SEM) for approval. The SEM will then notify the parties and the cantonal authorities of its decision, but this decision does not constitute authorisation to enter Switzerland.

If you require a visa, the cantonal migration authorities will send a visa clearance certificate via e-mail to the Swiss diplomatic/consular mission in your home country. You can then obtain the visa there. Within 14 days at the latest of your arrival and before taking up employment, you will need to register with the communal authorities in the place where you are living and only then can you begin work.
The following requirements apply to employment of third-country nationals:
  • Authorisation is only granted if established quotas have not been used up.
  • Third-country nationals may only be hired if no one with equivalent qualifications can be found in Switzerland or in an EU/EFTA member state.
  • Only managers, specialists and other qualified workers will be admitted. “Qualified workers” are primarily the holders of higher education qualifications (i.e. from a university or university of applied sciences) who also have specific technical expertise and several years of professional experience. Integration criteria will also be taken into account when issuing residence permits: ability to adjust to a new occupational and social environment, language skills and age.
  • Salary and working conditions must also be equivalent to those that apply to Swiss inhabitants."


https://www.ch.ch/en/working-foreign...-requirements/
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Old 22.08.2015, 14:17
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Re: Non-EU work permit problem

Finish your PhD and your employer will still have to show that your position will be one of economic/scientific importance so still no guarantee of a job.

As Mullhollander points out, don't finish the PhD and the employer has to follow the non-EU hiring criteria to get a permit. Unlikely to be granted for a recently graduated student without much experience unless it's in a really niche area. It's time consuming and expensive for employers to undertake so they won't do it unless they feel they have a good chance of getting the permit.

https://www.bfm.admin.ch/bfm/en/home...zulassung.html
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Old 22.08.2015, 15:44
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Re: Non-EU work permit problem

Thank you, I'm really feeling hopeless... The lawyer in the company does not want to do any application for me. But the company's director is very helpful she wants to help.. But feeling bad... thank you...
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Old 25.08.2015, 12:22
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Re: Non-EU work permit problem

If you are doing your PHD in one of Swiss universities the company does not have to follow non EU hiring process. you have the same access to the labor m,market like the Swiss or EU applicants.
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Old 25.08.2015, 15:28
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Hello!

I wrote it before but again. I'm a non-EU citizen who does Phd here in Switzerland ( not a job just a thesis). I had a contract with a company, after a long struggle with the company's lawyer, they told me they would apply for a work permit for me. Hopefully the director of the company is nice! (it was yesterday).

They still did not requested any documents from my side. But they already have the contract that I signed, my CV, my passport copy (which is waiting to be extended).

I'm a little bit worried. Any help ?

Thank you a lot from now on..

Thank you a lot for the replies!They decided to do the process for me! So here again a question:

1- what shall I do with the student permit I have now which ends in October 2015? ( should I withdraw my Phd studies with the university)?

Last edited by 3Wishes; 25.08.2015 at 22:54. Reason: merging consecutive posts
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Old 25.08.2015, 17:22
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Re: Non-EU work permit problem

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Thank you a lot for the replies!They decided to do the process for me! So here again a question:

1- what shall I do with the student permit I have now which ends in October 2015? ( should I withdraw my Phd studies with the university)?
No, as it will make it more difficult for your new employer to justify hiring you. If you graduate you're supposed to be on an equal footing with Swiss/EU nationals when it comes to job hunting, if you don't graduate then you're just another non-EU national who must be considered last.

Although they'd agreed to apply there's no guarantee they will get a permit for you so continue your studies until you have a decision one way or another.
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Old 25.08.2015, 17:39
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Re: Non-EU work permit problem

Do you think my student permit may cause a problem? Like may the Canton say : "stil student"? But the company also knows that I am on the last point of my studies. They told me they may justify me easily.

Thanks for all replies,kind people here!
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Old 26.08.2015, 09:25
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Re: Non-EU work permit problem

Many students at the last stage of their studies applies for a job while holding student permit. As long as you mentioned the expected date of your final examination having a student Visa to apply for a job is not going to be a problem at all.
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Old 27.08.2015, 21:23
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Re: Non-EU work permit problem

Many thanks for all replies! The company told me they will do the work permit application. They have my passport, the contract, my student permit (expiring in the end of October 2015). They told me they will contact me if they need any other documents. So all of this happened just four day ago.

I am little bit worried. Any ideas? Otherwise they would have told me that they will not do the work permit for me, no?
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Old 08.09.2015, 16:19
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Re: Non-EU work permit problem

So finally guys, just learned that the company did not even apply for work permit. Because one of the lawyers told them that I have still the student permit and we may just get 15 hours permission per week. Totally dissapointed with that! So my only way seems to finish my PhD.!! Thanks for the help of everyone!
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Old 08.09.2015, 17:03
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Re: Non-EU work permit problem

Sorry to hear that, but look on the bright side. If you finish your PhD then you're supposed to be on equal footing with Swiss/EU nationals when it comes to hiring, providing the employer can show a scientific/economic importance for the job. So it may ultimately make it easier for them to hire you once you finish your studies.
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