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Old 01.10.2015, 15:47
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Legally eligible to work in Switzerland ?

Hello,

I keep seeing job postings that have prerequisites such as "Legally eligible to work in Switzerland".

Does this mean one should already have a permit or they should be in the EU?

I for example do not have a permit but I have a EU passport (although it's in the EU2 and has a limit on permits until next year).

Any advice would be greatly appreciated
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  #2  
Old 01.10.2015, 15:59
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Re: Legally eligible to work in Switzerland ?

If you are an EU-2 citizen (Romania and Bulgaria), you will need to have a work and residence permit for Switzerland from the first day that you are here, according to this Swiss Migration Amt document:

"Bulgarische und rumänische Staatsangehörige benötigen im Fall eines Stellenantritts in der Schweiz vom ersten Arbeitstag an eine Arbeits- und Aufenthaltsbewilligung, selbst wenn sie eine Erwerbstätigkeit von weniger als drei Monaten ausüben wollen."

German:
https://www.bfm.admin.ch/dam/data/bf...fs-bg-ro-d.pdf

French:
https://www.bfm.admin.ch/dam/data/bf...fs-bg-ro-f.pdf
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Old 01.10.2015, 16:01
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Re: Legally eligible to work in Switzerland ?

What happens if I don't? I have spent my time here working for international organization that gives us separate permits to be here (not L, B, or C).
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Old 01.10.2015, 16:02
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Re: Legally eligible to work in Switzerland ?

Ideally you already have a permit, but if you're an EU national then it's not a problem to get a permit so really it's both. But as an EU-2 national you do still face restrictions which would put you behind those who have none.

Bear in mind that the Swiss have the option to extend the EU-2 restrictions until May 31st 2019 and may decide to do so in the wake of the vote to curb EU immigration given that the EU has refused to negotiate regarding Free Movement.
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This user would like to thank Medea Fleecestealer for this useful post:
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Old 01.10.2015, 16:05
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Re: Legally eligible to work in Switzerland ?

Thanks kindly for the information!

I am also a Canadian citizen but perhaps that wouldn't be too useful.

I just was not sue what that meant. It seems everyone is eligible so long as they are able to get a permit which you cannot get until a company wants to hire you. I just wanted to double check this.
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Old 01.10.2015, 16:21
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Re: Legally eligible to work in Switzerland ?

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What happens if I don't? I have spent my time here working for international organization that gives us separate permits to be here (not L, B, or C).
Then you will need to find an employer who's willing to apply for a work permit for you - for EU-2 nationals the residence permit is separate from the work part. There are conditions they have to meet, but if they do then they should be able to hire you. You would have to apply for your own residence permit.

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

I would like to work in Switzerland. What are the conditions for getting a work permit?
Nationals of an EU-25/EFTA state now only need a residence permit: this residence permit doubles as work permit. However, a residence permit will only be issued if you have a valid employment contract. Nationals of an EU-2 state still require a separate work permit to work in Switzerland. The transitional period for granting a work permit has now been extended to 31 May 2016.

https://www.bfm.admin.ch/bfm/en/home...hweiz/faq.html
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Old 01.10.2015, 16:23
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Re: Legally eligible to work in Switzerland ?

Let's assume you have a Carte de Légitimation, allowing you to work in Switzerland for an NGO. According to the below linked document, when it is no longer valid, then you fall under the EU-2 rules. This would mean that you would have to leave Switzerland and then re-enter when you obtain a work and residence permit for your new non-NGO job, imo:

"Besitzen die in Artikel 43 Absatz 1 Buchstaben a–c VZAE genannten Personen und deren Familienangehörige keinen EDA-Ausweis mehr, gelten für sie dieordentlichen Bestimmungen des FZA und seiner Protokolle, sofern es sich um EU/EFTA-Staatsangehörige oder um deren Familienangehörige aus Drittstaaten handelt. Dasselbe gilt, wenn ein aus einem EU-oder EFTA-Mitgliedstaat stammendes Familienmitglied, das bisher einen EDA - Ausweis besass, bewusst auf seinen besonderen Status verzichtet (z.B. Scheidung vom Hauptberechtigten). Ab 1. Mai 2012 gelten für Erwerbstätige aus der EU-8 keine spezifischen Kontingente mehr für Aufenthaltsbewilligungen (Ausweis B EU/EFTA). Das Gleiche gilt ab 1. Juni 2014 für EU-17-Staatsangehörige (vgl. Kap. II 4).Staatsangehörige Bulgariens und Rumäniens hingegen sind weiterhin Sonderkontingenten für den Ausweis L und B EU/EFTA unterstellt. Zudem werden bei diesen Personen ebenfalls die arbeitsmarktlichen Voraussetzungen (Inländervorrang sowie Kontrolle der Lohn- und Arbeitsbedingungen) nach dem FZA und seinem Protokoll II kontrolliert (Kap. II 5.5)."

German:
https://www.bfm.admin.ch/dam/data/bf...ngen-fza-d.pdf

Before proceeding, you might wish to check with your NGO's HR department or an immigration attorney.
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Old 01.10.2015, 16:52
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Re: Legally eligible to work in Switzerland ?

EU-2 nationals have free movement so it should just be a case of applying for a residence permit once the carte de legitimation is lost.

I am a national of an EU-27/EFTA state. Do I benefit from the free-movement agreement?
This agreement applies to any national of an EU-27 or EFTA state. Nationals of an EU-2 state are still subject to restrictions in taking up gainful employment.

I assume you would be issued with a job seeker's or L permit for 3 months which could be extended at 3 monthly intervals providing you have sufficient funds to support yourself while you're here.
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Old 01.10.2015, 17:08
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Re: Legally eligible to work in Switzerland ?

I agree with Medea's "freedom of movement" comment. Swizzylove should plan to apply for an L permit for three months to look for a job and would not need to leave Switzerland to do so. This is from FAQ 9 at the below Swiss government website:

"EU-27/EFTA nationals may enter Switzerland for job-seeking purposes. No permit is required for stays of up to three months. If no job can be found within this time, the appropriate local or cantonal authorities will grant a short-term residence permit (type L permit) valid for another three months’ job search. If after this period your job search has remained unsuccessful, you may request for your short-term residence permit to be extended. Extensions are granted up to one year. However, this short-term residence permit does not authorize EU-2 nationals to take up employment. They are subject to the interim provisions in place (quotas, Swiss citizens worker priority, control of wage and work conditions). If these conditions are not met, a permit cannot be granted. EU-2 nationals must always apply for a residence and work permit with the cantonal labour market authority."

https://www.bfm.admin.ch/bfm/en/home...hweiz/faq.html
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Old 02.10.2015, 11:29
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Thank you so so much for your help. Now I'm starting to understand more!

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EU-2 nationals have free movement so it should just be a case of applying for a residence permit once the carte de legitimation is lost.

I am a national of an EU-27/EFTA state. Do I benefit from the free-movement agreement?
This agreement applies to any national of an EU-27 or EFTA state. Nationals of an EU-2 state are still subject to restrictions in taking up gainful employment.

I assume you would be issued with a job seeker's or L permit for 3 months which could be extended at 3 monthly intervals providing you have sufficient funds to support yourself while you're here.
Thank you as well Mullhollander! I appreciate your help!

Quote:
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I agree with Medea's "freedom of movement" comment. Swizzylove should plan to apply for an L permit for three months to look for a job and would not need to leave Switzerland to do so. This is from FAQ 9 at the below Swiss government website:

"EU-27/EFTA nationals may enter Switzerland for job-seeking purposes. No permit is required for stays of up to three months. If no job can be found within this time, the appropriate local or cantonal authorities will grant a short-term residence permit (type L permit) valid for another three months’ job search. If after this period your job search has remained unsuccessful, you may request for your short-term residence permit to be extended. Extensions are granted up to one year. However, this short-term residence permit does not authorize EU-2 nationals to take up employment. They are subject to the interim provisions in place (quotas, Swiss citizens worker priority, control of wage and work conditions). If these conditions are not met, a permit cannot be granted. EU-2 nationals must always apply for a residence and work permit with the cantonal labour market authority."

https://www.bfm.admin.ch/bfm/en/home...hweiz/faq.html

Last edited by 3Wishes; 02.10.2015 at 22:42. Reason: merging consecutive replies
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