View Single Post
Old 29.05.2020, 15:59
Spinal's Avatar
Spinal Spinal is offline
Forum Veteran
Join Date: Dec 2016
Location: Zurich
Posts: 1,372
Groaned at 11 Times in 10 Posts
Thanked 1,347 Times in 589 Posts
Spinal has a reputation beyond reputeSpinal has a reputation beyond reputeSpinal has a reputation beyond reputeSpinal has a reputation beyond reputeSpinal has a reputation beyond repute
Re: How early can one apply for a permit with an offer in hand?

View Post
I'm will ask about adjusting the dates, but I suspect the answer will be a no (for various reasons which I won't got into here). However I'll wait until I speak to immigration folks first.

Yes - on the insurance part. I'd be covered under EHIC/travel insurance until I get the permit. After that I could get state insurance, or wait to start at the company which would be within the 3 month window.

For now, there are no quota restrictions on UK citizens until January. Nor, right now, are there any agreements over UK specific quotas.

I ask partly out of pragmatism and partly curiosity. I find the legal background behind this fascinating and I've suddenly found myself reading a lot about migration law in Switzerland. It's entirely possible (despite Boris saying no) that the transition will be extended. At least by the 1st July we'll know if that route is open or closed.

Also I would argue there is some public interest. While I'm probably one of fairly few people to be in this particular situation now, as we near the end of the year there's no way I'll be the only one a job after the transition period (who has an offer before). I think it's reasonably likely that the CH government will release some kind of guidance on this nearer the time, because if we do need non-EU permits they will have to be applied for well in advance of the New Year. This would also be subject to any new agreements with the UK.

From a personal perspective, this requires forward planning if I decide to move early. I would need to be a bit more frugal with finances, think about when to release my current tenancy etc. Also when I do speak to immigration support, I'd like to be as informed as possible.

I have another interesting thought experiment about non-EU applications: if the job advert was directed towards Europeans and everyone they gave an offer to was, at the time of the ad, a Swiss or EFTA citizen, would that satisfy the criteria to get a work permit? I have absolutely no clue. I suspect we'd get away with it because there's no precedent; also that the job advert was very clear that non-EU citizens weren't able to apply. At the time the job was posted, the start date was in 2020 and then COVID threw a wrench in it, so there is probably an argument that the decision to hire was made on that basis.

However, I think my main question has been answered - can I turn up a month or two early with a job in hand and apply for residency? The answer seems to be yes. In fact the law says that you should apply for a permit at least 14 days before your current period is up (e.g. visa/visa-free stay):
I've seen with one of my clients, their HR has basically stopped accepting British candidates in preparation. They already treat them, unoficially, as non-EU...
Reply With Quote