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Old 12.10.2016, 15:24
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Work permit/Residence permit

Hi all,

I have a quick question regarding permits for Switzerland. I am following my GF out here, who has a B work and residency permit.

I recently signed a contract and moved over here for a part time (no fixed hours) job with a tutoring agency. They have given me a short term stay work permit, and I have been issued an AVS number.

I spoke to the woman who runs the agency today (they have no in house HR and very limited HR expertise/knowledge) she seemed concerned that I didn't have a residency permit. I am a UK national and thought that the work permit granted me the right to short term residency, 3 months? (Have I got this completely wrong?!) I have only been in Geneva for a week, so have time I think, do I need to go and get an L permit from the OPC? Please can anyone who knows help me with this? I don't want to do the wrong thing or get the order I do things wrong. Thanks for your help!!
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  #2  
Old 12.10.2016, 15:28
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Re: Work permit/Residence permit

Does your permit have an "L" on it? That would be a work and residency permit
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Old 12.10.2016, 15:38
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Re: Work permit/Residence permit

Thank you
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Old 12.10.2016, 15:50
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Re: Work permit/Residence permit

A permit is always a residence permit. They come with and with out the right to work.
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Old 12.10.2016, 16:03
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Re: Work permit/Residence permit

Who has given you the permit? OPC or the agency? As fas as I know the agency can't issue you with a permit. You need to take your employment contract to the OPC to show them you're going to be working here and also you need a rental contract to show you're resident here. Whether you'll be issued with a permit or not will depend on whether OPC considers you work enough hours to support yourself. If there are no set hours I doubt you'll be issued with a permit.
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Old 12.10.2016, 16:23
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Re: Work permit/Residence permit

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I recently signed a contract and moved over here for a part time (no fixed hours) job with a tutoring agency. They have given me a short term stay work permit, and I have been issued an AVS number.
What do you mean "they" have given you a permit? The agency can give you nothing other than a work contract.

If you get an actual work permit through the local commune, it will be a residence permit at the same time. And yes, you are obliged to go there and take care of it.
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Old 12.10.2016, 16:50
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Re: Work permit/Residence permit

Thanks all. Apologies I meant the agency had applied for me, rather than having handed me a permit. My understanding is that for EFTA nationals the short term permit is a formality as there is no quota? It is the longer term 'B' permit that is then more tricky to get?
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Old 12.10.2016, 17:02
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Re: Work permit/Residence permit

No quotas for either. Whether you get an L or a B depends on the length of your contract. Less than a year is an L, over a year is a B. And the agency can't apply for a permit for you. You have to do it yourself by taking your employment contract to the OPC. Employers only get involved when applying for a permit for non-EU/EFTA nationals. EU.EFTA nationals have to apply for their own permits. So get down to OPC and sort it. You can't start work until you register as being a resident and if they consider your hours aren't enough you won't get one so can't work.
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Old 12.10.2016, 17:07
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Re: Work permit/Residence permit

Thank you. I have got completely confused with the terminology. I now think I understand what my employer has done. They have simply notified the authorities that I will be working and paid in Switzerland for the next 3 months, for tax purposes, which also means I can stay for the 3 months, as an EFTA national. The document they provided me was just the notification form they were giving to the OPC. I in fact don't have any permit, or permit application at present, and I will need to do that before the end of the 90 days, otherwise I won't have rights to either live or work in Switzerland at the end of this period?
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Old 12.10.2016, 17:33
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Re: Work permit/Residence permit

No, you have to do it NOW. You can't work here unless you register as being a resident so you have to go to OPC asap and do this. Besides, as I said if your hours aren't enough you won't get a permit so can't work at all. Get down there and sort it out.
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Old 12.10.2016, 17:50
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Re: Work permit/Residence permit

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...and I will need to do that before the end of the 90 days, otherwise I won't have rights to either live or work in Switzerland at the end of this period?
Technically as you have no permit right now, you should not be working right now. You need to apply for the permit before you start work not at the end of the 90 days. This is probably why your employer is concerned.
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Old 12.10.2016, 19:07
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Re: Work permit/Residence permit

I think what you're confusing is the fact that you can be here as a tourist for up to 90 days without registering, but that doesn't allow you to work. To be able to work here you must be a resident, not a tourist.
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Old 12.10.2016, 19:18
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Re: Work permit/Residence permit

If your are working for less than 90 days, the company can apply online for your permission to work. You get no physical permit, just a print out. I'm guessing this is what the company has done. But ask for proof of your registration.
You will need health insurance.

https://www.sem.admin.ch/sem/en/home...verfahren.html
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Old 12.10.2016, 19:57
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Re: Work permit/Residence permit

That will not give him a permit long term though.
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Old 12.10.2016, 21:24
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Re: Work permit/Residence permit

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That will not give him a permit long term though.
But he said right from the start that he had a "90 day short stay permit" .... so it adds up, no? Obviously to stay longer, he'll need a longer contract from somewhere in the near future.
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Old 13.10.2016, 00:20
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Re: Work permit/Residence permit

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Technically as you have no permit right now, you should not be working right now.
He can, but just up to 7 days.

So OP, as the others say, no, you cannot wait 90 days, you need to register within the first 7 days you're here. Aka now.

If your employment is for max. 90 days - and only then - it's enough if you're registered online (Meldeverfahren). You will then not receive an actual copy of a 'real' permit. That option too allows you to both reside and work (if your employer has registered you accordingly). Again, that only applies if you have a work contract that lasts a maximum of 90 days. If it's longer, see above, you need to go to the commune and register.
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Old 13.10.2016, 14:32
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Re: Work permit/Residence permit

I guess because the OP stated he's moving to be with his girlfriend, my brain automatically thought longer-term residency and skipped over the "fewer than 90 days" possibility. It's doesn't seem to be used often. What happens after those 90 days? I assume as an EU citizen he can still stay here on at least an L job-seeker's permit assuming sufficient funds, etc.
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Old 13.10.2016, 14:46
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Re: Work permit/Residence permit

That's my guess, but he should check with OPC to make sure. The short registration procedure seems to be mostly for service providers and workers posted in for short periods which is where the 90 day limit a year comes in. I'm sure some of these workers must be EU nationals so I'm not sure where that would leave the OP as far as getting a job seeker permit after the 90 days.
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