Hi there, I have been checking all the replies in the forum, and all of them are great, but I am really confused and I don't know if my case is sorted out in all the replies.
I am a non EU B permit holder (year permit, limited to 36 months) that is working as an expat for a multinational company. Due to several reasons, I am looking for changing job and stay in Switzerland. I have an offer with a big company of consulting for the same canton where I am located now, and they mentioned it should not be a problem to change the permit from my current employer to the new one. However, I am not so sure about this, due to the fact that in the swiss law it mentions that if you have a B work permit renewable every year, they will not authorize any change of job.
My questions are:
1)Is it really feasible to have this change done?
2)Should I take care of any situation when reviewing the contract with them?
3)What is the process I have to follow for this (i.e. letter of termination of my employer, etc)
Thanks a lot for your support.

I am not sure where it states that they will not authorize a change of job!

The point here is whether a. your skill is not available within the EU and Switzerland and b. whether your current company is happy to let you go. If the answer to either question is no then it is not likely that you will get a permit. Ultimately you are the one taking the risk not the new company.

That said if they really want you they could offer you a contract of employment in another country with a move to Switerland in 6 months...

Maybe he refers to this?

From here , page 122.

Maybe he does but this does not say it will not be permitted. Furthermore it depends on the permit type. If he was employed for a 3 year typical Ex-pat assignment then the rules applying to him are different in many areas and if he is signing a local contract then his permit would anyway change -he would become a member of the local employment market. The major point of conflict I would see is in skills and permission of the current employer. As an ex-pat you are here for a purpose and are generally expensive so I would guess they will only reluctantly part company.

That said if his contract was for three years and these were nearly up I would see this as possible from all sides. IF on the other hand he has only been in Switzerland for a year then I see no chance based on the principles of the BVO, which is always to prevent people coming here and then doing something different to the reason they were first allowed in...

Thanks for the reply.
Actually, I got the information from the OLE (that's the name of the law, I guess) in the part referring to changement d'emploi..
http://www.weisungen.bfm.admin.ch/re...chsel_f.asp#45
Basically, it states: En règle générale, le changement d'emploi ne sera autorisé ni aux titulaires d'une autorisation à l'année de durée limitée selon l'art. 14, al. 4, OLE, ni aux titulaires d'une autorisation de courte durée (autorisations selon l'art. 13, let. d, OLE comprises)

Regarding the other points, I have been in Switzerland for 21 months (I arrived September 2005), my current company would not have an issue on letting me go, I believe, and I work in IS, basically SAP, project management and that stuff.. the new company is a big French one that manages outsourcing consulting for other companies. They told me they would offer me a same type of permit (B), and they would give me a permanent contract.
Would it then be better that they would offer let's say a French contract for 6 months, and then change it?
They mentioned it should not be a problem..
Thanks again for the advice!

Well as you can see from the quote you have provided it states normally a permit will not be given. The major factor here is that you would be entering the Swiss market whereas an ex-pat has different laws applying in particular to benefits and to social contributions including company pension.

It is normal for an ex-pat to be offered a restricted B permit but I assume here that you would be looking for a permanent ie long term role with the new company which would mean an entry into the Swiss employment market and an unrestricted B.

I do find it interesting that you believe your current employer would be happy to let you go and I find it most arrogant that your potentially new company says it will be no problem to get a permit... It actually could be and unless they have a very good relationship with the cantonal authorities this will be an issue.

I would suggest approaching your current employer and checking out their opinion as to your leaving - this could produce a counteroffer and also you would then be aware of their views. Make sure that if they say they have no problem with your leaving that you get this in writing as you might well need it later. Once you have the status of your current employer you can approach the new company with the information and let them run with it. I would not resign until you have a definite offer that is not subject to you getting a permit. I take it the company is an anagram of go to raisin...

Thanks Richard for the reply.
I believe somehow I assume my company would not have a problem, as while being here in assignment, they told me I could not be repatriate to my country, and they would send me to a different country in the same region. Some facts were negotiated in order to get that clear (i.e relocation of my partner, who works in the same company) and they could not fulfill it. Now they are expecting me to probably look for something else already, and even somehow they have encouraged me to do so (in order to keep my personal situation ok).
The point I find interesting is the one you mention of the other company. I have an interview with them this week, in order to clarify all this points before making any commitment, and certainly I would like to have an idea of the process and ask them to see if they are really in the possiblity of changing my permit or is just bluffing stuff..
So one more question would be, what would be the process for them to tramit the new/exchanged permit? Should I first resign here, so I can get a letter where my company says they don't need me anymore? I am afraid that would leave me totally in the limb..
Thanks again!

Ah ha, tell me something about your partner. Is your partner an EU citizen? Does your partner still work in the company you want to leave? What is the relationship with your partner, married, heterosexual couple, homosexual couple, children yes/no - sorry for asking it could be important

The process is unfortunately this. You need to have a date on which your employment relationship will end and a letter from your current employer stating that they are happy for you to seek employment elsewhere. With this you can apply for positions at other companies and they can start the process of permit application where they will need to have the date of termination from current employer and the letter. Thereafter they can speak to the cantonal authorities. Parts of this can be jumped/are not necessary dependent on your partner. After circa 2 weeks they will get an answer from the authorities and if this is positive after a further 4-6 weeks you can expect a permit to arrive...

Hi again,
My partner is EU national. We met here and we live together since 9 months ago. He is a boy, I am a girl, so I guess that makes us a heterosexual couple ! We have no kids.
He has a permit B EFTA/EU and in the next October he can apply for the permit C.
He still remains working for the company until end of year; they have informed him they will cut his position and give him a compensation package. Therefore, he also needs to look for a job, but I believe in his case is pretty easy this thing..
So from your previous reply, I assume I have to take the risk of keeping myself between to companies and hoping! my permit will be granted..that sounds tricky, but I guess I have not a lot of choices..

Yes you have given that he is an EU national. Have your relationship registered and that makes life much easier.

That sounds like an option.. indeed!
What does it mean register it? Is it like a french PACS? (I had the understanding that this ony applies for homosexual couples, correct)?

Yes the same. No incorrect. It applies to any couple but not in all cantons - hey we are in Switzerland. You need to check to see if it is relevant to you. If you have children then it applies irrespectively of the cantonal stand on this.

Of course it had to be complicated... otherwise is not Swiss!
I have found out that it is valid to have a PACS in heterosexual couple in Neuchatel, and Geneva, but not in Vaud and Zurich.. and unfortunately, I live in Vaud..
Sorry for all these questions, but what happens in this case? I understand that my boyfriend does not have cantonal restrictions (more if he is on a EU C permit base), but I do (I can just work and live in Vaud).. would anyway be feasible to PACS lets say in Neuchatel, although we live in Vaud?
I know this one is tricky, but I am sure you will have an answer!
Thanks,