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Old 15.10.2015, 17:48
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L to B permit conversion issue

Hello All,


Thanks for sharing your valuable inputs.


I have been put into difficult situation. Any help would be appreciated !


My L permit expired in July (2nd year completed) and I already applied for renewal in May 2015. last week my payroll company got mail from Vaud Canton that migration office in Bern is asking for some documents as why they need my services and why Swiss guy can't be found. basically they are asking for business case as permit will be converted to B.


I am working for big IT company on contract through my payroll company and after getting that letter, my IT company has terminated my contract immediately saying, my permit is already expired in July and I will have to wait. they are now in process of providing Business case.


Can anyone please let me know if legally I am still authorized to work until my permit request is accepted/rejected?


My payroll company is already checking with Vaud Canton but still waiting for them.


Thanks
Randhir
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Old 15.10.2015, 18:16
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Re: L to B permit conversion issue

Facts as you presented:
1) Your permit L expired in July.
2) Company subsequently cancelled your employment contract.
3) Company has filed for a new permit.

My opinion: As a non-EU/Swiss citizen, you need a work permit and a work contract to work in Switzerland. You have neither at this time. I would wait for the decision from the government migration office.

You should keep in mind that there is no guaranty that, as a non-EU/Swiss citizen, your work permit will be extended. The migration office could determine that there are EU/Swiss citizens who could do this job.
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Old 15.10.2015, 18:16
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Re: L to B conversion quota available now?

I would say no if your payroll company has terminated your contract. No contract, no permit which allows you to work. Until you're granted a new one I think you're unemployed for the time being.
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Old 15.10.2015, 18:33
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Re: L to B permit conversion issue

Thanks for reply.

My employement contract is not cancelled and it is still valid. Only issue is that my work permit renewal was approved by canton of vaud in july itself but they forgot to send it to migration office in bern. They realized it in September end and send it then. Now migration office is asking business case as why my contract company needs me. My contract company is preparing that but during renewal process i am still eligible to work or not ??
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Old 15.10.2015, 18:36
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Re: L to B permit conversion issue

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Thanks for reply.

My employement contract is not cancelled and it is still valid. Only issue is that my work permit renewal was approved by canton of vaud in july itself but they forgot to send it to migration office in bern. They realized it in September end and send it then. Now migration office is asking business case as why my contract company needs me. My contract company is preparing that but during renewal process i am still eligible to work or not ??
In your first post, you stated "my IT company has terminated my contract immediately saying, my permit is already expired in July and I will have to wait." Now you are saying that your employment contract is not cancelled.

I can't assist you.
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Old 15.10.2015, 18:44
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Re: L to B permit conversion issue

Sorry for confusion.

Actually my employement contract is still valid with my payroll company but as i am working as free lancer with IT company through my payroll company, that IT company has time being revoked my access as precaution.

Now as we are waiting for decision in the interim can i continue to work or not ??
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Old 15.10.2015, 19:24
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Re: L to B permit conversion issue

No, I don't think so. You still have no permit as your other one expired in July. Still the only definite answer will be when you/the payroll company ask the Vaud migration office if it's okay to work or not while you wait.
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Old 16.10.2015, 16:19
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Re: L to B permit conversion issue

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Sorry for confusion.

Actually my employement contract is still valid with my payroll company but as i am working as free lancer with IT company through my payroll company, that IT company has time being revoked my access as precaution.

Now as we are waiting for decision in the interim can i continue to work or not ??
Hi randhirdhruva, I had been in a similar situation early this year but from a different canton. Took almost 5 months to get my B Permit. Early this year, my company have even stopped taking applications for B Permit conversation. You can still work, however you are not allowed to leave Switzerland without a VISA (temporary sticker provided in your passport) if required for a price.
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Old 16.10.2015, 16:43
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Re: L to B permit conversion issue

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Hi randhirdhruva, I had been in a similar situation early this year but from a different canton. Took almost 5 months to get my B Permit. Early this year, my company have even stopped taking applications for B Permit conversation. You can still work, however you are not allowed to leave Switzerland without a VISA (temporary sticker provided in your passport) if required for a price.
best is to call the immigration authorities and ask. they know it better and they are very helpful in clarifying such questions.

cheers
happycreature
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