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  #221  
Old 11.11.2016, 13:04
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Re: Early C Permit for a Non-EU National through VINTA

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It seams path 2 is way easier but for path 1 .I understand that foe job work they might only give L permit for fiest 2 years of work but after 2 years of work they have to provide B work permit .I am right about this


Not have to. It may also not be extended and you´d have to leave the country for one year before being able to come back.
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  #222  
Old 11.11.2016, 13:33
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Re: Early C Permit for a Non-EU National through VINTA

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Actually I am asking for my freind who already finished master in epfl and don't know what todo next.

It seams path 2 is way easier but for path 1 .I understand that foe job work they might only give L permit for fiest 2 years of work but after 2 years of work they have to provide B work permit .I am right about this


Second of all if they give B sudent for 2 years and then 2 L for wok and then 1 b for 3rd year work .in this case the person can apply to early C or he all L years are not counted .

Thank you
Your friend has 6 months from graduation to find a job here on basically the same footing as EU nationals providing the job is of scientific or economic benefit. After that time they may as well go home because they won't get a permit, they won't be qualified or skilled enough to do so.

https://www.sem.admin.ch/sem/en/home...abgaenger.html

https://www.sem.admin.ch/sem/en/home...zulassung.html

As for changing from an L to a B that entirely depends on the job, the candidate's qualifications/skills and the canton. The L could be extended for another year (up to 3 is allowed) and the employer has to show they can't find a Swiss/EU national who could now do the job. If they can find a Swiss/EU national then the permit has to go to them and your friend will be out of a job despite being here on an L permit.
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  #223  
Old 11.11.2016, 14:47
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Re: Early C Permit for a Non-EU National through VINTA

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Actually I am asking for my freind who already finished master in epfl and don't know what todo next.
This story gets more and more confusing.

Why not just apply and see how it goes? Again, if the person is eligible then the permit will be granted. If not, it won't and a new application can be made later when all criteria are met. So long as this person is married to a Swiss citizen, he or she has a B permit that includes work permissions without an employer having to do any special paperwork.

I am sorry but this obsession with the C permit makes me think your "friend" simply married a Swiss person for the "easy" permit and naturalization. Where's the talk about being integrated into Swiss life, speaking the local language, and wanting to build a future here together as a couple??
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  #224  
Old 11.11.2016, 15:42
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Re: Early C Permit for a Non-EU National through VINTA

Not to mention that if you divorce after getting a C permit it'll be in jeopardy. The marriage would probably be seen as a sham just to get the permit and it could well be revoked. The government has up to 8 years to investigate any such cases.
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  #225  
Old 24.11.2016, 20:49
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Re: Early C Permit for a Non-EU National through VINTA

Question:

I'm non-EU and will get 5+ years uninterrupted stay and my annual B permit renewed in a few months. Can I apply for a change to C through VINTA after getting B later in the middle of the 6th year of my residence when will have all requirements fulfilled, without waiting till the end of the full year on B?
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  #226  
Old 24.11.2016, 21:59
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Re: Early C Permit for a Non-EU National through VINTA

Yes, no problem, you can apply for C any time from what I've heard.
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  #227  
Old 24.11.2016, 22:13
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Re: Early C Permit for a Non-EU National through VINTA

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Question:

I'm non-EU and will get 5+ years uninterrupted stay and my annual B permit renewed in a few months. Can I apply for a change to C through VINTA after getting B later in the middle of the 6th year of my residence when will have all requirements fulfilled, without waiting till the end of the full year on B?
Yes, you can apply as soon as you're eligible/have all the requirements ticked.
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  #228  
Old 27.11.2016, 07:08
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Re: Early C Permit for a Non-EU National through VINTA

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Your friend has 6 months from graduation to find a job here on basically the same footing as EU nationals providing the job is of scientific or economic benefit. After that time they may as well go home because they won't get a permit, they won't be qualified or skilled enough to do so
I read this law Article 21 below, I'm still confused about this. Does this mean if I have a PhD then I only get the initial 6 months on the same footing as EU OR the same applies in the future as well, say I had a job for 2 years and later I want to change jobs then will I be treated same as a EU national?



Art. 21 Ordre de priorité
1 Un étranger ne peut être admis en vue de l’exercice d’une activité lucrative que s’il
est démontré qu’aucun travailleur en Suisse ni aucun ressortissant d’un Etat avec
lequel a été conclu un accord sur la libre circulation des personnes correspondant au
profil requis n’a pu être trouvé.
2 Sont considérés comme travailleurs en Suisse:
a. les Suisses;
b. les titulaires d’une autorisation d’établissement;
c. les titulaires d’une autorisation de séjour qui ont le droit d’exercer une activité lucrative.
3 En dérogation à l’al. 1, un étranger titulaire d’un diplôme d’une haute école suisse peut être admis si son activité lucrative revêt un intérêt scientifique ou économique prépondérant. Il est admis provisoirement pendant six mois à compter de la fin de sa formation ou de son perfectionnement en Suisse pour trouver une telle activité.19
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  #229  
Old 27.11.2016, 10:27
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Re: Early C Permit for a Non-EU National through VINTA

No, just the initial 6 months to find your first job. After that an employer would have to prove they can't find a Swiss/EU national who could do the job before they could hire you if you want to change jobs.

Usually a non-EU national needs not only a university degree, but several years of experience as well to be considered and obviously graduates are not going to have that. So the Swiss made it slightly easier for graduates from Swiss universities to be able to get hired here, but only during the first 6 months after they graduate. If a non-EU who's graduated from a Swiss uni can't find a job in that time then their status reverts to the usual one and this would also apply for any future job applications even if they have been able to get a job during those 6 months. That permit is still a tied one so any application to change jobs is effectively a new one and the non-EU hiring criteria applies.
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  #230  
Old 28.11.2016, 23:21
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Re: Early C Permit for a Non-EU National through VINTA

I have a question about this early C through VINTA too.

My case is a bit special, I'm non-EU, and would like to apply for early C after five years. I have checked the criteria and I think I have met all of them, except that I have a limited contract with a B permit tied with my employer, which by law is not eligible. However, my husband (non-EU) got a permanent contract with a dependent B.

I have called the immigration office of our Canton (AG), and the officer said, an unlimited contract is required to be eligible for early C, but with my husband's case (dependent B and permanent contract), it can be a bit special, and I have to wait, submit the application and see how it goes.

I just want to know, if anybody here has a similar experience? And if you do, how did it go? I'm asking this because if having no permanent contract is an issue, I may consider looking for a permanent position before the 5th year comes.

Another question I have is that, if I move to live in another Canton during the 5 years, all the years (in Switzerland, no matter in which Canton) would be counted as long as it is on B right?

Would appreciate if someone can shed some light
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  #231  
Old 29.11.2016, 22:38
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Re: Early C Permit for a Non-EU National through VINTA

I am surprised that AG told you it is required to have an unlimited contract to apply for an early C permit. We already know that in the foreigner law defining the VINTA and in the practice of many cantons an unlimited contract is not required. So, I would ask them to specify the source of this requirement. We have already seen stories in the forum where the cantonal authority gave wrong information (for example someone in ZH cantonal office says that you are not qualified an early C if you permit is tied to your employer, which is totally wrong). So I would not believe whatever the cantonal guys told you and will ask for the source.

Another question: have your husband been on (dependent) B permit for 5 years and satisfies other requirements? If yes, you can also file an application for early C permit in the title of your husband. If they told you that he cannot apply because he is on a dependent permit, it is ABSOLUTELY wrong. Permit being dependent or not is irrelevant here.

For your last question: yes if you change canton, the years will still be counted. No worry here.

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I have a question about this early C through VINTA too.

My case is a bit special, I'm non-EU, and would like to apply for early C after five years. I have checked the criteria and I think I have met all of them, except that I have a limited contract with a B permit tied with my employer, which by law is not eligible. However, my husband (non-EU) got a permanent contract with a dependent B.

I have called the immigration office of our Canton (AG), and the officer said, an unlimited contract is required to be eligible for early C, but with my husband's case (dependent B and permanent contract), it can be a bit special, and I have to wait, submit the application and see how it goes.

I just want to know, if anybody here has a similar experience? And if you do, how did it go? I'm asking this because if having no permanent contract is an issue, I may consider looking for a permanent position before the 5th year comes.

Another question I have is that, if I move to live in another Canton during the 5 years, all the years (in Switzerland, no matter in which Canton) would be counted as long as it is on B right?

Would appreciate if someone can shed some light
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  #232  
Old 09.01.2017, 18:41
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Re: Early C Permit for a Non-EU National through VINTA

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We have already seen stories in the forum where the cantonal authority gave wrong information (for example someone in ZH cantonal office says that you are not qualified an early C if you permit is tied to your employer, which is totally wrong). So I would not believe whatever the cantonal guys told you and will ask for the source.
Hi happyrobbie and everyone else following this thread. Good news, got a shiny new C permit! short recap of the situation...

Whether rightfully or not, my application for an early C in Kanton Zurich on an unlimited contract DID get rejected on the grounds that Arbeitsamt had extended my permit to work for only 12 months instead of for an unlimited period of time.

I don't know if this means that my permit was tied to my employer. In any case, with the help of a lawyer, we filed an appeal. My employer requested the Arbeitsamt to remove this 12 month restriction citing that I fulfilled all requirements for an early C.

Once Arbeitsamt agreed to remove the 12 month restriction and filed this decision with Migrationsamt, my C permit came in the post within a few weeks.

Moral of the story: authorities are interpreting the law more strictly. Be ready to work with your employer to remove stones from the way and don't take "no" for an answer!

Last edited by evaluna; 09.01.2017 at 18:48. Reason: style
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  #233  
Old 10.01.2017, 10:51
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Re: Early C Permit for a Non-EU National through VINTA

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Hi happyrobbie and everyone else following this thread. Good news, got a shiny new C permit! short recap of the situation...

Whether rightfully or not, my application for an early C in Kanton Zurich on an unlimited contract DID get rejected on the grounds that Arbeitsamt had extended my permit to work for only 12 months instead of for an unlimited period of time.

I don't know if this means that my permit was tied to my employer. In any case, with the help of a lawyer, we filed an appeal. My employer requested the Arbeitsamt to remove this 12 month restriction citing that I fulfilled all requirements for an early C.

Once Arbeitsamt agreed to remove the 12 month restriction and filed this decision with Migrationsamt, my C permit came in the post within a few weeks.

Moral of the story: authorities are interpreting the law more strictly. Be ready to work with your employer to remove stones from the way and don't take "no" for an answer!
Many thanks Evaluna for such a useful post! Can you please elaborate on the this part "with the help of a lawyer, we filed an appeal. My employer requested the Arbeitsamt to remove this 12 month restriction". I mean, did the appeal consist of the request from your employer to remove the 12 month restriction or was it a parallel work?
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  #234  
Old 10.01.2017, 15:31
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Re: Early C Permit for a Non-EU National through VINTA

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Hi happyrobbie and everyone else following this thread. Good news, got a shiny new C permit! short recap of the situation...

Whether rightfully or not, my application for an early C in Kanton Zurich on an unlimited contract DID get rejected on the grounds that Arbeitsamt had extended my permit to work for only 12 months instead of for an unlimited period of time.

I don't know if this means that my permit was tied to my employer. In any case, with the help of a lawyer, we filed an appeal. My employer requested the Arbeitsamt to remove this 12 month restriction citing that I fulfilled all requirements for an early C.

Once Arbeitsamt agreed to remove the 12 month restriction and filed this decision with Migrationsamt, my C permit came in the post within a few weeks.

Moral of the story: authorities are interpreting the law more strictly. Be ready to work with your employer to remove stones from the way and don't take "no" for an answer!
Could details of this lawyer be shared?
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  #235  
Old 10.01.2017, 19:19
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Re: Early C Permit for a Non-EU National through VINTA

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Many thanks Evaluna for such a useful post! Can you please elaborate on the this part "with the help of a lawyer, we filed an appeal. My employer requested the Arbeitsamt to remove this 12 month restriction". I mean, did the appeal consist of the request from your employer to remove the 12 month restriction or was it a parallel work?
Hi proshut. It was parallel work. The lawyer was in touch with my HR, AWA (Amt für Wirtschaft und Arbeit) and Migrationsamt.

The insight I got is that when a permit (that was granted because of work) comes up for renewal, your employer sends a request to AWA to extend your permission to work. AWA examines this application and extends this permit to work for a certain period of time, and sends this decision to Migrationsamt who in turn issues a residence permit.

My appeal (to Migrationsamt to reconsider their refusal) was successful only because AWA lifted the time limitation on my work permit, which, as I understood, could only be requested by my employer.

Could I have found that out and gone through the process without a lawyer? possibly. What puzzles me the most is why my employer had never requested AWA to remove this 12 month limitation "proactively".
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  #236  
Old 11.01.2017, 10:24
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Re: Early C Permit for a Non-EU National through VINTA

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The insight I got is that when a permit (that was granted because of work) comes up for renewal, your employer sends a request to AWA to extend your permission to work. AWA examines this application and extends this permit to work for a certain period of time, and sends this decision to Migrationsamt who in turn issues a residence permit.
Exactly, although the process starts the other way around, from AWA to the employer, to check to see if the employee is still at this job. The rest is what you explained.

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What puzzles me the most is why my employer had never requested AWA to remove this 12 month limitation "proactively".
Well, maybe the employer does the least that is necessary. At the end, what difference it makes for them if you have L, B, or C, as long as you are authorised to work!
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  #237  
Old 31.01.2017, 10:50
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Re: Early C Permit for a Non-EU National through VINTA

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Hi proshut. It was parallel work. The lawyer was in touch with my HR, AWA (Amt für Wirtschaft und Arbeit) and Migrationsamt.
Hi Evaluna. Would you mind sharign the contact of the lawyer? Thanks in advance.
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  #238  
Old 31.01.2017, 11:19
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Re: Early C Permit for a Non-EU National through VINTA

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Hi Evaluna. Would you mind sharign the contact of the lawyer? Thanks in advance.
pm sent!
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  #239  
Old 03.02.2017, 16:22
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Re: Early C Permit for a Non-EU National through VINTA

Hello people,

I was looking recently what does my family need to apply for the C this year, and more-less we're covered, B permit with "Erwerbstätigkeit", 5 years, permanent contract etc. The only problem is that my wife is not employed now and can't get the letter from employer for the integration, and they ask for some proof.

So what is this proof? They say it's a club membership, which is a bit weird (I suggested her to join the yodelling club now). Does a letter from the local gym we go often suffice, or I don't know, asking our Swiss friends to write us a letter of recommendation saying we're cool or I don't know what? Does anybody have some recommendations here, I can't find some examples except this vague statement.

Also... Would rejection of my wife for example also hinder my C permit, or it can be you get the C and the wife needs to join some club and wait for the next year? I mean I'm just waiting to get this to start the consulting business, the only reason I'm not doing it immediately is that I'm afraid for the complications if you do this on B permit, and vice-versa, I think I might have complications on applying for C if I do this.

BTW, we're talking about Aargau.

Thanks!
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  #240  
Old 03.02.2017, 17:28
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Re: Early C Permit for a Non-EU National through VINTA

Same question here. would be great to hear some successful stories.
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