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Old 31.12.2019, 00:14
doropfiz doropfiz is offline
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Re: Swiss L to B permit Conversion

I'm really trying to understand, but I'm finding it very confusing. Since this application is all about your husband's work and permit, what is the connection to your "project office in Geneva", and your employer asking you for this information? From what you write, it seems to me that in one way or another, your work and applications are connected to your husband's work and applications... and yet you said earlier that the query is about his only.

Oh, well, the reason for my confusion doesn't matter at all, as long as the application is made clearly. Unless you and your husband are working on the same projects, your and his applications are likely to be treated separately, each on their merit.

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Honestly if the authorities have already rejected the application, the answer is: none. If he had special skills valuable to the economy they'd have accepted him... long as they were actually provided with the full information upon which to base their decision.

Here are some suggestions of how to go about gathering and structuring the information, as an outline for the lawyers to transform into a solid application.

Step one:
Never send anything to any official Swiss government department, in a non-Swiss language.
  • If you are submitting in Zurich, all the documents should be originally in German, or properly translated into German.
  • If you are submitting in Geneva, all the documents should be originally in French, or properly translated into French.
This seems to me to be basic courtesy towards the local government officials, and therefore tactically wise, especially as it is you/your husband who wants something from them.
Use of the local language may even be a formal requirement for the application to be processed, at all.

Step two:
Set out what, exactly, about your husband's work, is "niche". This should include
  • his formal qualifications
  • any further training courses attended
  • relevant publications
  • prizes or awards won
  • fellowships
  • his years of working experience, espeically including some description of the content of his [similar] work before he was employed in this position
  • any ways in which this overall set can be demonstrated to be rare.

Step three:
Tie together his expertise with this particular project/position:
  • describe this specific position or project in detail, and
  • demonstrate how it needs needs exactly this particular set of formal studies, experience, specialised knoweldge and skill-set that this man brings.

Step four:
Set out what the success of this project means to the company and, thereby, to the Swiss economy, for example:
  • successful earnings and taxes
  • expansion into new areas / entrance into a new market in Switzerland and/or including international trade
  • boosting of existing work / increased turnover
  • building new branches of the company and thereby new employment opportunities for others
  • retaining parts of the company in Switzerland that would, without this success, have to be moved to another country, or closed down completely
  • prestigious international collaboration with centres of excellence / leading universities, furthering scientific development.

Step five:
Set out in what way no-one else can reasonably fill this position, for example how:
  • others persons already in the company
  • others who are known to the company, or
  • who have been considered for the post from within Switzerland or the EU
have not brought the full range and depth of knowledge needed for this post.

Step six:
Set out what is to be feared if the employment of this man is discontinued, for example:
  • major project delays while an alternative suitable candidate (unlikely to be found) is sought
  • restructuring the project to divide it amongst lesser qualified persons
  • diminishing the scope of the project, so as to achieve far smaller overall goals
  • not meeting deadlines and failing other academics, business partners, customers,
  • causing a cascade of other projects not to be able to be fulfilled, or not fulfilled punctually and within budget
  • closing of a department
  • loss of the mandate for this project, and increasing unemployment in Switzerland by n skilled and m semi- or un-skilled jobs with q months/years.

Having set all of the above out: I am not a lawyer. I just know that here the basic format for applications and objections is to
  • set out the truth of the facts as they stand, in detail, then
  • to explain why the thing you're applying for is advantageous for Switzerland, then
  • to explain what would go wrong for whom in Switzerland, and the extent of the negative consequences, were the application to be denied.

Hopefully, your legal advisors will then be able to polish such a draft from you / your husband, so as to pick out and emphasise the parts which, according to Swiss law and judgments are deemed to be relevant to such an application.
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