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Old 30.09.2016, 13:38
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Non EU , L to B permit - Change of Employer

Hello,

Though I have read a few threads about this topic, but would like to post my query specifically.

I am a Non EU citizen, working in Switzerland, on second year L permit.
My L permit is due to expire in Nov 2016.
My current employer is unable to apply any more L to B permit conversions.


Another employer is ready to apply my permit B , as I meet the required criteria : specialized skill set, Masters degree, Necessary professional experience
https://www.vischer.com/fileadmin/us...tzerland_2.pdf
They also have done the necessary procedure of effort to find candidates locally or in EU for the same role.

My questions are:

1. Although the new employer will apply my permit now, but by the time the decision arrives, my current permit may have expired. So I assume, I would not be eligible to work in Swiss with current employer

Can I go back to my home country without deregistering from the Commune and come back once the approval for the permit is received.

2. In this case, will I be receiving permit B - as I have completed 2 years in this canton on permit L, or it will be a new L permit, because of change of employer?
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Old 30.09.2016, 13:42
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Re: Non EU , L to B permit - Change of Employer

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Can I go back to my home country without deregistering from the Commune and come back once the approval for the permit is received.
And continue to pay for health insurance, rent etc? How do you intend to enter Switzerland again if your permit has expired and you havenīt received a new one yet?


Sounds risky to me
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Old 30.09.2016, 14:35
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Re: Non EU , L to B permit - Change of Employer

Your current employer would not be allowed to continue paying you after your L permit expires.
Normally for people who can otherwise enter Switzerland visa-free youíre allowed to remain in the country for 90 days after your permit expires but if youíre on Indian passport then things may be different.
However, if you have another permit application already in the approval process you may still be allowed to remain in Switzerland while itís being processed but be prepared to be asked to leave immediately if itís not approved. That could be confirmed with the immigration people by your new employer.
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Old 30.09.2016, 15:33
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Re: Non EU , L to B permit - Change of Employer

Swiss law normally requires that there be a "cooling off" period for non-EU citizens who have been working on short-term work permits before they take on a new position in Switzerland. Please note, however, the final sentence:

"Renewal of work permits

Article 56 of the Decree on Admittance, Residence and Employment states that a short-term work permit can be renewed only after a 12-month interruption or cooling-off period. This means that a person who has left and been de-registered from Switzerland must wait 12 months outside Switzerland before being able to obtain a new work permit.

Exceptions are possible in reasonable individual cases, especially in case of recurring activities."

http://www.internationallawoffice.co...n-Switzerland#

Even though this does not look particularly positive, it still might be possible to obtain a new non-EU permit, back to back with your current one if an exception is granted. I wish you good luck!
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Old 30.09.2016, 16:18
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Re: Non EU , L to B permit - Change of Employer

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And continue to pay for health insurance, rent etc? How do you intend to enter Switzerland again if your permit has expired and you havenīt received a new one yet?


Sounds risky to me
My question is :
Can I go back to my home country without deregistering from the Commune and come back "once the approval for the permit is received "

How can I not re-enter once the approval is received?
My main question was - Do I need to deregister, or I can go out of Swiss without deregistering , as my application for L to B connversion is already in progress.
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Old 30.09.2016, 16:44
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Re: Non EU , L to B permit - Change of Employer

Dear OP,
what benefits do you see by not deregistering? Remember as long as you dont deregister, you are officialy resident in Switzerland and are responsible for all the bills (insurance, phones and any other contracts). if you think that by not deregistering, you have more chances of a B permit than a L permit on your new application you are wrong. the type of permit is decided by the nature of the contract and if there is B quota left in that canton where your future employer had made an application. so if the B quota is exhausted in that canton, you may get a L even if your contract is unlimited and other conditions for B permit are met.


as soon as your current L permit expires, you lose the right to work for your current employer and infact for any employer until your new employer can get the approval for your permit (L or B). but you can stay in the country until a decision is made on your new permit application. but as others said, if you get a negative decision, you will be asked to leave immediately. the simplest approach in this case would be stop working and stay at home and wait until you get a decision on your new permit. but if it takes longer, i dont know how you will survive in Switzerland which is so expensive. but in this way you will not be breaking your residence which might be important if you later want to apply for C permit or Swiss passport.


cheers
happycreature
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Old 04.10.2016, 05:17
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Re: Non EU , L to B permit - Change of Employer

Thanks for your replies.

With the new employer applying for my permit, I also have a possibility to get L permit instead of B.
If I leave Switzerland after current permit expires, while new application is in process, will the cooling off period apply in this case then?
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