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Old 27.04.2016, 12:08
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Non-EU/120 days work permit

Hello
Can a non-EU be granted the so-called '120 days' work permit in the Kanton of Zurich?
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Old 27.04.2016, 12:13
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Re: Non-EU/120 days work permit

Definition

Temporary employment refers here to gainful employment of citizens of EU-2 States that lasts for a maximum of 4 months, or 120 days, per year. Instead of a residence permit the Migration Office issues a residence guarantee.
Priority for nationals + salary and terms of employment are checked.

Permit requirement

  • Preliminary decision based on labour market conditions
  • Responsibility lies with the cantons
  • Qualified or unqualified short-term residents are not counted to maximum quotas (Art. 19 para. 4 lit. a VZAE)




Application documents


http://www.awa.zh.ch/internet/volksw...aetigkeit.html
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Old 27.04.2016, 17:41
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Re: Non-EU/120 days work permit

Thank you.

I understood that in theory this type of residence permit can be available to non-EU individuals.

Has anyone hear/experienced it at all or could share some insights?

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Definition

Temporary employment refers here to gainful employment of citizens of EU-2 States that lasts for a maximum of 4 months, or 120 days, per year. Instead of a residence permit the Migration Office issues a residence guarantee.
Priority for nationals + salary and terms of employment are checked.

Permit requirement

  • Preliminary decision based on labour market conditions
  • Responsibility lies with the cantons
  • Qualified or unqualified short-term residents are not counted to maximum quotas (Art. 19 para. 4 lit. a VZAE)




Application documents


http://www.awa.zh.ch/internet/volksw...aetigkeit.html
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Old 27.04.2016, 18:09
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Re: Non-EU/120 days work permit

Wow! Never seen this before.

Went digging in the Foreign Nationals Act and there is a section on this:

"4.2.2 Exceptions to the maximum numbers
4.2.2.1 lucrative activity for a maximum of four months in a twelve month period (art. 19, para. 4 letter. A, OASA)

4.2.2.1.1 Principles
For the purposes of this provision, an authorization may be granted to the foreigner who is gainfully employed in Switzerland for more than four months in the space of 12 months. Between two such permissions, the alien must stay for at least two months abroad (art. 56, para. 1, OASA). Before entering Switzerland abroad receives a residence permit in addition to the authorization to enter Switzerland. If the foreigner makes only one trip lasting three to four months, he receives a visa D. The four-month period may also be divided to the extent that the total duration of the commitment does exceed four months in the space of 12 months. The authorization may be labeled "maximum 120 days in the space of 12 months."

As these residence and work permits are not subject to quotas, the prior decision of the labor market authorities - which remains the competence of the cantonal authorities - is of particular importance. The priority for indigenous workers and nationals of EU / EFTA (art. 21 FNA) than other labor market provisions apply as for pre-authorization decisions charged to the contin-gent. One should be particularly careful that they are respected, in particular the actual purpose of the stay and its expected duration (see chapter. 4.8.11 "Checklist of documents attached to the application")."

https://www.sem.admin.ch/content/dam/data/sem/rechtsgrundlagen/weisungen/auslaender/weisungen-aug-f.pdf
(pages 89/90)
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Old 28.04.2016, 12:28
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Re: Non-EU/120 days work permit

It was common in the past for Indian companies to bring their employees on 120 days permit for short term assignments. so yes, it is normal that 120 days permit can be issued to Non EU. as Medea pointed out, these permits have no quotas and are relatively easier to obtain than a L or B permit.
but as far as I know, these permits cannot be extended after the 120 days stay and the Non EU person has to return to their home country and then a mandatory cooling period (may be upto 1 year, I am not sure), applies before one can apply for a permit again.


cheers
happycreature
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Old 29.04.2016, 13:22
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Re: Non-EU/120 days work permit

Thanks for the very useful information.

It is good to know that you heard about this rule being applied successfully for non-EU cases (e.g. Indian companies).

Would you know how exactly the cooling period works? Any real examples you are aware of or materials I could browse through?



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It was common in the past for Indian companies to bring their employees on 120 days permit for short term assignments. so yes, it is normal that 120 days permit can be issued to Non EU. as Medea pointed out, these permits have no quotas and are relatively easier to obtain than a L or B permit.
but as far as I know, these permits cannot be extended after the 120 days stay and the Non EU person has to return to their home country and then a mandatory cooling period (may be upto 1 year, I am not sure), applies before one can apply for a permit again.


cheers
happycreature
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Old 29.04.2016, 13:50
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Re: Non-EU/120 days work permit

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Thanks for the very useful information.

It is good to know that you heard about this rule being applied successfully for non-EU cases (e.g. Indian companies).

Would you know how exactly the cooling period works? Any real examples you are aware of or materials I could browse through?
From my post:

"Between two such permissions, the alien must stay for at least two months abroad (art. 56, para. 1, OASA)."
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Old 29.04.2016, 14:32
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Re: Non-EU/120 days work permit

Thank you.

Would you know if such income is taxed at source in Switzerland? What are the health insurance/social insurance/pension aspects in such arrangement?

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From my post:

"Between two such permissions, the alien must stay for at least two months abroad (art. 56, para. 1, OASA)."
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Old 29.04.2016, 14:37
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Re: Non-EU/120 days work permit

How about placing a call to the office of economy and labour in Zurich?
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Old 29.04.2016, 14:40
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Re: Non-EU/120 days work permit

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Thank you.

Would you know if such income is taxed at source in Switzerland? What are the health insurance/social insurance/pension aspects in such arrangement?
Sorry, no idea.
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Old 29.04.2016, 14:49
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Re: Non-EU/120 days work permit

yes.

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How about placing a call to the office of economy and labour in Zurich?
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