Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Reply
 
Thread Tools Display Modes
  #1  
Old 02.12.2015, 03:57
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
contract and b permit will expire soon, definetely want to stay

Hi All,
I have searched the forum and got many useful informations. there are some similar cases but there is no final result stated, i think maybe they had all left already. So i am here again for your suggestions.
Non-EU, third party country, work contract and b permit will expire end of this year. I need a Visa to entry, and was told by immigration officer thus i need a Visa to stay. I definitely want to stay here looking for jobs ( i have not given notice for my apartment yet, so i have to keep it until February or March....i do not want come back to my country, there is even no apartment for me....).
I need 2 or 3 monthes to stay here for looking job, maybe a job from other countries. There are 3 ways in my head
1)register a language course, maybe then i can get a short term L Permit. Will this works or not? I just do not want that after i paid the course i am still not allowed to stay...
2)Since i have worked for a whole year 12 monthes, i should be entiled to unemployment benefit, which maybe can prolong my legal stay? But someone said i should first get the permit before i am entiled to the unemployment benefit.
3) apply for a shengen Visa, But it is more unpractical for me, and one can not apply for shengen Visa when he is in Shengen country.

It is not easy....any idea do you have guys? Any input will be highly appreciated.
Thanks you all
Reply With Quote
  #2  
Old 02.12.2015, 12:54
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

Or is there any chance i can go to germany or france to stay 2 or 3 monthes? Any legal way?
Reply With Quote
  #3  
Old 02.12.2015, 13:01
Forum Veteran
 
Join Date: Nov 2007
Location: Vaud
Posts: 936
Groaned at 74 Times in 44 Posts
Thanked 916 Times in 553 Posts
yacek has an excellent reputationyacek has an excellent reputationyacek has an excellent reputationyacek has an excellent reputation
Re: contract and b permit will expire soon, definetely want to stay

For EU citizens they will prolong the (unrestricted) B permit for some time if one has right to unemployment benefit. I think it does not works for a restricted B permit which is tied to a work contract, unfortunately.
Reply With Quote
  #4  
Old 02.12.2015, 13:16
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,557
Groaned at 171 Times in 135 Posts
Thanked 9,676 Times in 5,522 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Why do you need a new permit? You should have one under family reunification.

if it‘s worth it if i find a job

If things have gone wrong with the marriage then you've got a lot to worry about. Is your husband/child Swiss? If so then you might be able to make a case to stay here to look after your child, but it will be difficult.

As a Chinese national you need a visa for a 90 day stay in Switzerland/Schengen so that won't work. And no you can't go to another Schengen area country, UK would work as that's outside of Schengen.

A language course may work, but there's no guarantee you'll get a new permit. I would think it would need to be a longer course rather than one of only a few weeks, but I'm not sure. You'd have to show that you can financially support yourself so you'd need a good sum in your bank account.

Without a permit you won't be able to claim unemployment I don't think. But check with the RAV office to be sure. It would depend if they're willing to apply for a new permit for you as they'd effectively be your new employer.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #5  
Old 02.12.2015, 14:07
sva's Avatar
sva sva is offline
Forum Veteran
 
Join Date: Mar 2010
Location: Villars sur Glâne
Posts: 560
Groaned at 20 Times in 13 Posts
Thanked 385 Times in 193 Posts
sva has a reputation beyond reputesva has a reputation beyond reputesva has a reputation beyond reputesva has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

You can request a 90 day extension at the end of your permit duration. Ask politeky stating that you need to wind up things here.
Reply With Quote
This user would like to thank sva for this useful post:
  #6  
Old 02.12.2015, 17:50
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

First thanks for your opinion, and i do think that your are right
Reply With Quote
  #7  
Old 02.12.2015, 17:56
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,557
Groaned at 171 Times in 135 Posts
Thanked 9,676 Times in 5,522 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Why don't you have a permit under family reunification? There'd be no problem staying if you have one.
Reply With Quote
  #8  
Old 02.12.2015, 18:13
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

Dear Medea Fleecestealer,
Something do have gone wrong in my marriage, but divorce has not been talked yet. He is in the same situation as i am. We do have lived in uk for several years, go there and find another job there is a really good idea.. what left i need to worry is just the apartment.....and i will go to RAV and check with them about the benefit and permit, i do not think they will be willing to help me renew the permit, because since middle of 2015 the quantity of B permit had been reduced from 3500 to 2500, and i think that is why my boss was happy with my work but can not prolong my program.Also the quantity of L permit had been rreduced as well.so, the political environment will make RAV not willing to help me renewing permit. Any way, i will try tomorrow.
Reply With Quote
  #9  
Old 02.12.2015, 18:14
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 3,762
Groaned at 484 Times in 294 Posts
Thanked 4,019 Times in 1,998 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Get married (with a Swissie)
Reply With Quote
  #10  
Old 02.12.2015, 18:16
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

Does this works? Will they give me 3 months to wind up things? But if i did not find another way it will be worth to try
Reply With Quote
  #11  
Old 02.12.2015, 18:17
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

Do you mean get dirvoced and remarried?
Reply With Quote
  #12  
Old 02.12.2015, 18:58
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,557
Groaned at 171 Times in 135 Posts
Thanked 9,676 Times in 5,522 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Yes, that's what he's suggesting, but the Swiss would be likely to see it as a sham marriage just so you can keep your permit.

Your permit won't come under the non-EU quota limits unless your employer wants to change your contract in a mjor way, i.e. from a set period to unlimited. What work do you do?
Reply With Quote
  #13  
Old 02.12.2015, 20:14
Member
 
Join Date: Apr 2013
Location: Currently in Switzerland
Posts: 197
Groaned at 9 Times in 5 Posts
Thanked 152 Times in 56 Posts
logo123 has made some interesting contributions
Re: contract and b permit will expire soon, definetely want to stay

As i understand, unemployment benefit is tied to duration of contributions and not type of permit. There was a minimum duration (18-24 months) which entitles you for unemployment. Good to reconfirm though.
Reply With Quote
  #14  
Old 03.12.2015, 01:01
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

I thought "Today only" is just joking so i was just joking back.
And i just realized that i made meself misunstood, what i want is to settle down in my cosy apartment for 2 or 3 monthes more before i find a job. I can not imagine how difficult it will be if i am wondering in countries, hotels, trains, planes while i am looking for jobs.if i find another job in other country i will be really happy to leave switherland.
Reply With Quote
  #15  
Old 03.12.2015, 08:10
Aeneas's Avatar
Forum Veteran
 
Join Date: Jun 2008
Location: Winterthur, ZH
Posts: 953
Groaned at 37 Times in 30 Posts
Thanked 959 Times in 459 Posts
Aeneas has a reputation beyond reputeAeneas has a reputation beyond reputeAeneas has a reputation beyond reputeAeneas has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Quote:
View Post
As i understand, unemployment benefit is tied to duration of contributions and not type of permit. There was a minimum duration (18-24 months) which entitles you for unemployment. Good to reconfirm though.
Actually, I've known of non-EU B holders who have effectively been tossed out when their annual B permits ran out, even though they were still entitled to receive unemployment insurance (in one case a further year) and thus lost the remaining payments. So I'd double check on that.
Reply With Quote
The following 4 users would like to thank Aeneas for this useful post:
  #16  
Old 03.12.2015, 08:24
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,557
Groaned at 171 Times in 135 Posts
Thanked 9,676 Times in 5,522 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

The thing is non-EU nationals aren't supposed to hang around looking for jobs once their permits expire. Yes, those who don't need a tourist visa to stay here can manage a few months more, but unless RAV decides to ask for an extension and the cantonal migration office agree then you simply don't have any reason or right to stay here past your expiry date. It's not particularly fair, but the system isn't designed to be anyway and unless your skills are in demand here RAV is under no obligation to ask for a permit extension. If they don't think you have a good chance of getting another job they just won't bother with all the paperwork needed to extend your permit.
Reply With Quote
The following 4 users would like to thank Medea Fleecestealer for this useful post:
  #17  
Old 03.12.2015, 19:42
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 6,524
Groaned at 43 Times in 39 Posts
Thanked 9,174 Times in 4,358 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Quote:
View Post
Actually, I've known of non-EU B holders who have effectively been tossed out when their annual B permits ran out, even though they were still entitled to receive unemployment insurance (in one case a further year) and thus lost the remaining payments. So I'd double check on that.
Quote:
View Post
The thing is non-EU nationals aren't supposed to hang around looking for jobs once their permits expire. Yes, those who don't need a tourist visa to stay here can manage a few months more, but unless RAV decides to ask for an extension and the cantonal migration office agree then you simply don't have any reason or right to stay here past your expiry date. It's not particularly fair, but the system isn't designed to be anyway and unless your skills are in demand here RAV is under no obligation to ask for a permit extension. If they don't think you have a good chance of getting another job they just won't bother with all the paperwork needed to extend your permit.
I know a non-EU this happened to recently. RAV agreed to pay if the person had a letter from the Gemeinde saying the person could stay. Gemeinde said no, so the person had to leave.
Reply With Quote
The following 3 users would like to thank 3Wishes for this useful post:
  #18  
Old 03.12.2015, 19:46
Newbie 1st class
 
Join Date: May 2015
Location: basel
Posts: 16
Groaned at 2 Times in 1 Post
Thanked 2 Times in 2 Posts
amber2015 has no particular reputation at present
Re: contract and b permit will expire soon, definetely want to stay

Thanks, i have start to pack my stuff already
Reply With Quote
  #19  
Old 03.12.2015, 23:01
Member
 
Join Date: Nov 2009
Location: Zurich
Posts: 209
Groaned at 2 Times in 2 Posts
Thanked 57 Times in 40 Posts
HappyCreature has earned some respectHappyCreature has earned some respect
Re: contract and b permit will expire soon, definetely want to stay

Quote:
View Post
I know a non-EU this happened to recently. RAV agreed to pay if the person had a letter from the Gemeinde saying the person could stay. Gemeinde said no, so the person had to leave.
I am surprised to hear this. what has Gemainde to say whether a person could stay or not? if the Non EU person has contributed to the system and was on an open permit (and of course be a good citizen with no criminal activities, no debts, always paying taxes etc), then he has a right to claim unemployment benefits if the work contract is terminated for any reason. basically this is what for we pay unemplyment insurance every month. and RAV should always support the permit renewal.
otherwise it is clearly saying to Non EUs that we want you to pay into our system but if you lose your job, we will kick you out.

correct me if am wrong, please.
cheers
happycreature
Reply With Quote
  #20  
Old 03.12.2015, 23:11
nigelr's Avatar
Forum Veteran
 
Join Date: Apr 2009
Location: Aargau
Posts: 1,434
Groaned at 109 Times in 53 Posts
Thanked 1,505 Times in 725 Posts
nigelr has a reputation beyond reputenigelr has a reputation beyond reputenigelr has a reputation beyond reputenigelr has a reputation beyond reputenigelr has a reputation beyond repute
Re: contract and b permit will expire soon, definetely want to stay

Quote:
View Post
I am surprised to hear this. what has Gemainde to say whether a person could stay or not? if the Non EU person has contributed to the system and was on an open permit (and of course be a good citizen with no criminal activities, no debts, always paying taxes etc), then he has a right to claim unemployment benefits if the work contract is terminated for any reason. basically this is what for we pay unemplyment insurance every month. and RAV should always support the permit renewal.
otherwise it is clearly saying to Non EUs that we want you to pay into our system but if you lose your job, we will kick you out.

correct me if am wrong, please.
cheers
happycreature
The only interest the RAV have in your permit is if it is valid or not. It is not their job to get involved in permit renewals.
Reply With Quote
This user would like to thank nigelr for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
L permit about to expire, I'd like to stay longer. Sebast Permits/visas/government 3 13.05.2014 03:24
Work permit in process - student B permit about to expire johnmayer Permits/visas/government 10 17.02.2012 22:18
C Permit due to expire - question Ida83 Permits/visas/government 8 24.06.2011 01:35
Permit B and job soon to expire yogeshluthra Permits/visas/government 5 17.05.2010 20:25
Hello I am Australian and will be moving to Switzerland soon pharlapsheart Introductions 16 17.07.2009 19:13


All times are GMT +2. The time now is 15:54.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0