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Old 30.09.2015, 21:37
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Non EU foreigner, two job offers, quotas

Hi all,

This is my first post here. Glad to have found the forum. I'm Canadian, francophone, but functionally bilingual. I hope that that's not a problem. ;-)

I work for a German company in Switzerland and have an L permit. I'd say that it's 'closed' because it's based on a fixed term contract.

In my free time I've been applying to jobs in CH and have as of today two good offers: let's say company A and company B, in two different cantons. I have a slight preference for company A.

However, thanks to this forum, I've discovered the quotas imposed on non EU foreigners. Interestingly, the exact numbers are widely reported in francophone and germanophone presses, but I find no official site that declares them black on white: only general declarations about the decision of the federal council and the fact that a work permit is delivered to non EU foreigners in respect of existing quotas.

But the bottom line is that I must consider these quotas as I make my decision. Company A is a start-up and the founder, who previously had no idea, has spoken with some people and feels confident. Company B is much larger and is confident that they can push it through because they've 'done it many times in the past'. I'm a young professional with an interesting background and master two of the 3 or 4 official languages plus English. I work in a specialized field of informatics (sic). Otherwise nothing special.

Does anyone have any advice? What would happen if I said yes to both (hell I'd even tell them about this dilemma), and two different cantonal labour offices received applications for me? Am I sabotaging my chances?

Thanks for your input!
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Old 30.09.2015, 22:08
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Re: Non EU foreigner, two job offers, quotas

Possibly some additional information will assist you with your decision.

For 2015 there were 4'000 L permits and 2'500 B permits available for non-EU/EFTA citizens. At the end of June 2015, non-EU/EFTA quotas were 48% consumed for L and 52% for B. See p. 13 at this link:

https://www.bfm.admin.ch/dam/data/bf...15-06-q2-d.pdf

50% of the quotas are allocated to the cantons and the other 50% are reserved by the Bund. This means that if a canton runs out of its quotas, it goes to the Bund for an allocation. This NZZ article mentions that 80% of the permits for Basel and 60% for Zurich were acquired from the Bund for 2014:

http://www.nzz.ch/wirtschaft/kampf-u...fte-1.18480871
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Old 30.09.2015, 22:09
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Re: Non EU foreigner, two job offers, quotas

Depends on the risk you want to take. The bigger company is more likely to be successful in applying for a new permit for you simply because they DO know the ropes as it were.

I wouldn't get them both to apply as it may well cause confusion.

The criteria for hiring of non-EU's is here:

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

and the procedure is here:

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

The total number of non-EU permits available is 2,500 B's and 4,000 L's this year. How they're allocated and when I don't know.
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Old 03.11.2015, 21:02
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Re: Non EU foreigner, two job offers, quotas

Hey guys, thanks for the advice.

Finally I opted for the company A: my preference, but a far smaller company and one that was unfamiliar with the procedures.

Luckily the work permit was authorized by both cantonal and federal labour offices. I've seen the letter: no title, but it says that the federal office confirms the cantonal office's positive decision. It is not an 'Ermächtigung zur Visumerteilung/Autorisation habilitant des représentations suisses à délivrer un visa'.

Does anyone know how long it will take for that last document to be produced? Is there still a chance that it is refused at this stage?
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Old 03.11.2015, 21:16
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Re: Non EU foreigner, two job offers, quotas

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Luckily the work permit was authorized by both cantonal and federal labour offices. I've seen the letter: no title, but it says that the federal office confirms the cantonal office's positive decision. It is not an 'Ermächtigung zur Visumerteilung/Autorisation habilitant des représentations suisses à délivrer un visa'.

Does anyone know how long it will take for that last document to be produced? Is there still a chance that it is refused at this stage?
The document you mentioned will not be produced as you are already resident in Switzerland and that document is literally "an authorization to grant an entry visa" (by a Swiss consulate abroad). You don't need a visa anymore.
What will be issued is a "Stellenatritt" letter from the cantonal migration authority.
Based on my experience (3 years here on a yearly renewable permit), they usually send that letter to your new employer in about 10 days after both federal and cantonal approvals, and then your new permit card is sent to you by post in another 2-3 weeks.
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Old 03.11.2015, 21:20
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Re: Non EU foreigner, two job offers, quotas

Ah I don't live in Switzerland. Am often there on a 120 day visa. I will need to pick up the visa or carte de séjour in Stuttgart. But thanks!
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Old 03.11.2015, 21:23
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Re: Non EU foreigner, two job offers, quotas

looking for a job in basel.I don t have work permit.help
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Old 03.11.2015, 21:24
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Re: Non EU foreigner, two job offers, quotas

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Ah I don't live in Switzerland. Am often there on a 120 day visa. I will need to pick up the visa or carte de séjour in Stuttgart. But thanks!
Ah sorry, I was thinking "I work for a German company in Switzerland and have an L permit" would imply that you live here
Just out of curiosity, even if your permit is a 120-day L, don't you need to be registered at a Swiss address to get it?
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Old 03.11.2015, 22:10
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Re: Non EU foreigner, two job offers, quotas

alexyalmtl, you will have to move to Switzerland to get your permit, you won't be able to live in Germany. You certainly won't be able to pick it up in Stuttgart. I don't understand how you have an L permit without being a resident here, but I guess there may be some special arrangement made for your firm. But if/when you change jobs you will not be able to stay in Germany. A Swiss residence permit means just that - residence. Without resident being here you're not generally allowed to work here either.

vaio, there are quota restrictions on Bulgarians and Romanians working here.

https://www.sem.admin.ch/sem/en/home...r_schweiz.html

You will not get a work permit until an employer can prove they can't find a Swiss/EU national or someone else already living here with a valid permit who could do the job.

Romania and Bulgaria (EU-2)
Starting work with a Swiss employer
First, you will need to find an employer prepared to employ you. Once a contract of employment has been signed, the employer submits the contract and a request for a work permit to the cantonal labour authority.
Cantonal labour authority

To enforce the interim provisions in place, the authorities control the following conditions:
  • Swiss citizen worker priority:
    No applicant already admitted to the Swiss labour market has proved equally qualified for a particular position.
  • Control of wage and working conditions:
    Wage and working conditions must correspond to those of the particular region and sector.
  • Quota:
    The number of work permits available is limited; this quota must not be exhausted.
If these conditions have been met, a work permit may be granted. Nationals of EU-2 are invariably required to possess a valid work permit/residence permit at the time they commence a position with an employer in Switzerland.

https://www.sem.admin.ch/sem/en/home...hweiz/faq.html
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Old 05.11.2015, 13:54
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Re: Non EU foreigner, two job offers, quotas

Hi there,

Similar situation as alexyalmtl - French Canadian (from Ottawa), fully bilingual with a job offer in Zurich. Big company (has done multiple work visa applications in the past, although not as common for third-country nationals - ps. it does feel funny to be considered "3rd" country).

Submitted my supporting documents for the work visa the third week of September and still awaiting news now. They asked for additional supportive documents, which I provided, last week.

My potential employer has told me that I should get news early next week (labour office sent my docs to the migration office in Bern - not sure what this means).

Hope to get positive news soon!
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Old 05.11.2015, 14:05
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Re: Non EU foreigner, two job offers, quotas

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Hi there,

Similar situation as alexyalmtl - French Canadian (from Ottawa), fully bilingual with a job offer in Zurich. Big company (has done multiple work visa applications in the past, although not as common for third-country nationals - ps. it does feel funny to be considered "3rd" country).

Submitted my supporting documents for the work visa the third week of September and still awaiting news now. They asked for additional supportive documents, which I provided, last week.

My potential employer has told me that I should get news early next week (labour office sent my docs to the migration office in Bern - not sure what this means).

It means the cantonal migration office has approved your permit, but the Federal Migration Office in Bern has to do its checks to make sure the application meets Federal requirements.

https://www.sem.admin.ch/sem/en/home...ensablauf.html

Hope to get positive news soon!
It means the cantonal migration office has approved your permit, but the Federal Migration Office in Bern has to do its checks to make sure the application meets Federal requirements.

https://www.sem.admin.ch/sem/en/home...ensablauf.html
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Old 05.11.2015, 14:13
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Re: Non EU foreigner, two job offers, quotas

Thank you for the info and link!

I see that once the visa is issued, I'd have to register in person in Zurich prior to starting work. This changes my plans a bit as I was planning on arriving on a Saturday and starting that Monday.

I guess I'll ask when I pick-up my visa.

Thanks again! This is all very helpful!
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Old 05.11.2015, 14:58
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Re: Non EU foreigner, two job offers, quotas

You just need to register. Your permit will already be approved so registration just starts off the process for getting it physically issued to you which will take about a month iirc. You can ask for a document to say you've registered and are awaiting your permit which you can use for things like lease rentals, mobile phone leases, etc. At some point you'll have to go and give biometric info to go on your permit before it's issued. Registration should only take half an hour at most, assuming there isn't a queue at your gemeinde/commune office.
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