Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Reply
 
Thread Tools Display Modes
  #1  
Old 15.10.2008, 19:56
Newbie 1st class
 
Join Date: Aug 2007
Location: zurich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
maddy has no particular reputation at present
Art. 38 Erwerbstätigkeit Clarification

Dear Experts,

I am an Non-EU (3rd world country) working in Zurich close to 3 years. For first 2 years, I had a L Permit and since Dec 2007, I have B permit.

I have read in this forum (sticky post for non-EU), since Jan 2008, B-permit holders can change jobs without authorization. This is also mentioned at following link (Art. 38 Erwerbstätigkeit).

http://www.admin.ch/ch/d/sr/142_20/a38.html

I have checked my permit and "Aufenthaltsbewilligun" is mentioned on my permit.

Does this mean that, if I get an offer from another company, I can easily change job without much trouble?

Thanks for help and appreciate your feedback.
Reply With Quote
  #2  
Old 15.10.2008, 20:02
Lynn's Avatar
Forum Veteran
 
Join Date: May 2005
Location: Zurich Region
Posts: 1,271
Groaned at 12 Times in 9 Posts
Thanked 1,296 Times in 465 Posts
Lynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond repute
Re: Art. 38 Erwerbstätigkeit Clarification

Yes and no... your new employer has to fill out a form...
Reply With Quote
  #3  
Old 15.10.2008, 20:08
Newbie 1st class
 
Join Date: Aug 2007
Location: zurich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
maddy has no particular reputation at present
Re: Art. 38 Erwerbstätigkeit Clarification

Thanks Lynn for your quick reply. Can you please help me to answer further questions.

1. In what case your answer is no?
2. Which form is required to be filled by new employer?
3. If new employer is willing to hire me and I sign the offer letter, do I need some special letter from my current employer (like there is no position for me at current employer, etc.)?

Thanks again for your help.
Reply With Quote
  #4  
Old 15.10.2008, 21:14
Lynn's Avatar
Forum Veteran
 
Join Date: May 2005
Location: Zurich Region
Posts: 1,271
Groaned at 12 Times in 9 Posts
Thanked 1,296 Times in 465 Posts
Lynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond reputeLynn has a reputation beyond repute
Re: Art. 38 Erwerbstätigkeit Clarification

As you have a B permit you gain certain "privileges" this means that you have more freedom to move around but technically you are still tied to your employer and the issuing authority (Kanton). HOWEVER, unlike an L-permit, unless there are extenuating circumstances such as a criminal record you will have your permit renewed easily. Your Aufenthaltsbewilligung is not the same as your Arbeitsbewilligung. You need the first to get the second and usually you'll need aproval for the second to get the first (confused yet?? )

Once you receive a job offer your new employer simply must inform the authorities that you are now working for them. Really the paperwork lies on their side not yours. It goes a bit like this:

You resign

Current employer informs authorities

You sign new contract

New Employer sends copy of contract in to authorities

Everyone happy ...

HOWEVER, I am a Swiss national, have never had to deal with this other than for employees... so PLEASE do not take what I say to be the 100% truth.
Reply With Quote
  #5  
Old 15.10.2008, 22:33
Newbie 1st class
 
Join Date: Aug 2007
Location: zurich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
maddy has no particular reputation at present
Re: Art. 38 Erwerbstätigkeit Clarification

Thanks a lot Lynn for answers. It helps

Does anyone has recent experiance with similar situation?
Reply With Quote
  #6  
Old 23.10.2008, 19:59
Newbie 1st class
 
Join Date: Aug 2007
Location: zurich
Posts: 10
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
maddy has no particular reputation at present
Re: Art. 38 Erwerbstätigkeit Clarification

Dear All,

I need your expert advice on one question.

How do I know that my permit is a long term or short term permit. Is there a way to make out by looking at the permit?

Thanks for your answers.
Reply With Quote
  #7  
Old 28.10.2008, 22:34
muze7's Avatar
Forum Veteran
 
Join Date: May 2006
Location: Seeland (Bern area)
Posts: 1,250
Groaned at 3 Times in 3 Posts
Thanked 144 Times in 90 Posts
muze7 is considered knowledgeablemuze7 is considered knowledgeablemuze7 is considered knowledgeable
Re: Art. 38 Erwerbstätigkeit Clarification

Long term could be over two years. Short term is less. Check the date on the permit. Note academics who are EU who have contracts for less than one year, get a short term permit, regardless of EU status. So no B for five years.
Reply With Quote
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
Visa Clarification rd6162 Permits/visas/government 1 03.06.2008 13:32
Art Basel Ikea Social events 4 03.06.2008 11:47
Clarification on changes with Swiss B-EC permit kyo Permits/visas/government 20 12.10.2007 15:43
Clarification needed. Cheburashka Permits/visas/government 3 05.03.2007 14:18


All times are GMT +2. The time now is 18:55.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0