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Old 17.09.2015, 17:44
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non EU citizen, have set up a company but can't get a permit. HELP..

hello everyone,,, quite in a bad mood now because I just got a letter from Migrationsamt and a Ausreisemeldung card.

I am a non EU citizen and also a designer, after my last job I wanted to set up a GmbH with a swiss friend and we'v successfully registered it at the Handelsregister last month. but the migrations amt won't give me a permit.

our company is a design company selling design stuff, but the authority think the business is not good enough won't earn enough money or so and I have no enough qualification to run this company.

I don't know what I could do after this? should I get a lawyer? or anybody knows anything similar like this, pls help me if you know any lawyers or consultant or any similar experience or suggestions or something.... thanks

ah

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Old 17.09.2015, 17:51
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Re: non EU citizen, have set up a company but can't get a permit. HELP..

Nothing, it's very difficult to employ a non EU citizen, setting up a company with 20k share capital will never cut it.

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hello everyone,,, quite in a bad mood now because I just got a letter from Migrationsamt and a Ausreisemeldung card.

I am a non EU citizen and also a designer, after my last job I wanted to set up a GmbH with a swiss friend and we'v successfully registered it at the Handelsregister last month. but the migrations amt won't give me a permit.

our company is a design company selling design stuff, but the authority think the business is not good enough won't earn enough money or so and I have no enough qualification to run this company.

I don't know what I could do after this? should I get a lawyer? or anybody knows anything similar like this, pls help me if you know any lawyers or consultant or any similar experience or suggestions or something.... thanks

ah

life.
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Old 17.09.2015, 17:57
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Re: non EU citizen, have set up a company but can't get a permit. HELP..

Sorry. Having your own company as a non EU won't get you a permit. I believe you still have to prove that there is no EU citizen that could do your job... even though it is your company!

If it's any consolation, you are not the only one. I'm an EU citizen and they wouldn't let me be self-employed ... and I already had a permit via hubby, they were just being stubborn!
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Old 17.09.2015, 21:03
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Re: non EU citizen, have set up a company but can't get a permit. HELP..

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I don't know what I could do after this? should I get a lawyer? or anybody knows anything similar like this, pls help me if you know any lawyers or consultant or any similar experience or suggestions or something.... thanks

ah

life.
If you scan the forum you find treads that clearly point out that establishing a company here does not give you the right to a permit. To get a permit you must fully comply with the work permit regs the same as everyone else.
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Old 17.09.2015, 21:23
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Re: non EU citizen, have set up a company but can't get a permit. HELP..

You didn't go into details so it's not easy to assess your chances at contesting the decision. What exactly did they mean when they said you didn't have enough qualifications?

Perhaps they have concerns you don't have sufficient funds to support yourself as a self employed person. As you know, for a Gmbh you not only need a certain amount of start capital (20'000CHF), but also need to make sure you have liability to pay off debt, sufficient funds to cover operating expenses, pay taxes, social security etc.

If they meant residency concerns, there are restrictions on who can open a GmbH in CH. I was of the impression that you have to be a C permit holder or married to a Swiss national to open a business as a non EU member but I need to check that again.
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Old 18.09.2015, 10:04
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Re: non EU citizen, have set up a company but can't get a permit. HELP..

As you probably know, Switzerland gives preference to EU citizens for immigration and sets high hurdles for non-EU citizens.

The below lists Economic exceptions for non-EU citizens, one of which is "Formation of an enterprise or expansion of a company that creates long-term jobs for Swiss employees". Apparently your business plan didn't demonstrate this sufficiently to qualify under this exception:

"Economic and other reasons with lasting effect or influence on the Swiss labour market
  • To open up new markets
  • To ensure important economic contacts abroad
  • To guarantee export volume
  • Formation of an enterprise or expansion of a company that creates long-term jobs for Swiss employees"
https://www.bfm.admin.ch/bfm/en/home...zulassung.html

Another approach to obtain a B permit, which might not apply to your situation, is to show an annual income of CHF 500'000. This is known as buying a residence permit:

http://www.swiss-banking-lawyers.com...idence-permit/

Still, good luck!
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Old 20.09.2015, 22:03
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You didn't go into details so it's not easy to assess your chances at contesting the decision. What exactly did they mean when they said you didn't have enough qualifications?

Perhaps they have concerns you don't have sufficient funds to support yourself as a self employed person. As you know, for a Gmbh you not only need a certain amount of start capital (20'000CHF), but also need to make sure you have liability to pay off debt, sufficient funds to cover operating expenses, pay taxes, social security etc.

If they meant residency concerns, there are restrictions on who can open a GmbH in CH. I was of the impression that you have to be a C permit holder or married to a Swiss national to open a business as a non EU member but I need to check that again.
hi lorena1 thank you for your reply, as I am a designer, they say I don't have the qualification to run a company, I don't have similar educational backgrounds and my last job was also as a designer.

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As you probably know, Switzerland gives preference to EU citizens for immigration and sets high hurdles for non-EU citizens.

The below lists Economic exceptions for non-EU citizens, one of which is "Formation of an enterprise or expansion of a company that creates long-term jobs for Swiss employees". Apparently your business plan didn't demonstrate this sufficiently to qualify under this exception:

"Economic and other reasons with lasting effect or influence on the Swiss labour market
  • To open up new markets
  • To ensure important economic contacts abroad
  • To guarantee export volume
  • Formation of an enterprise or expansion of a company that creates long-term jobs for Swiss employees"
https://www.bfm.admin.ch/bfm/en/home...zulassung.html

Another approach to obtain a B permit, which might not apply to your situation, is to show an annual income of CHF 500'000. This is known as buying a residence permit:

http://www.swiss-banking-lawyers.com...idence-permit/

Still, good luck!
hi Mullhollander, thanks for your reply.

one thing in my application was missing is a contract with an income, I think that was also the problem?

Last edited by 3Wishes; 20.09.2015 at 22:28. Reason: merging consecutive replies
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Old 21.09.2015, 22:52
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Re: non EU citizen, have set up a company but can't get a permit. HELP..

The law is quite clear. Your Swiss company has to prove it can't find a Swiss/EU national who could do the job they want to hire you for. The criteria is outlined here:

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

They will need to advertise the position and would need some really good reasons why none of the candidates could fill the position before they would be allowed to hire you.

As there are likely to be plenty of designers your company could hire I seriously doubt they'd get permission to hire you.
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