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Old 05.08.2007, 16:53
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Work permit rejected by Federal Migration Office?

I am a non-EU B permit holder. The B-permit was issued in May 2004 but I overstayed after the expiration date by a few months (oops). Recently I found a job in Zürich and the employer applied for the work permit on my behalf to the Zürich work permits office. The employer gave a strong recommendation to Kanton Zürich and gave evidence of my being highly skilled etc. The Zürich work permit office then said that they gave a preliminary approval to the permit but then sent the dossier (along with a positive recommendation) to Bern's Federal Migration Office (Bundesamt für migration) for final official approval. Just last Friday I found out that the permit was rejected by Bern. They say they will provide an explanation next week. This surprised me quite a lot, since I thought that the cantons, not the confederation, decided whether to grant the permits or not? On what grounds could the permit have been rejected by Bern? I have a completely clean record, never used social aide or unemployment insurance even after my permit expired, and even though I overstayed my B-permit, these are renewable.. so long as you don't use social aide etc..

Has this happened to anyone else? Why? What should I do now?
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Old 05.08.2007, 19:09
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Re: Work permit rejected by Federal Migration Office?

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On what grounds could the permit have been rejected by Bern? I have a completely clean record, never used social aide or unemployment insurance even after my permit expired, and even though I overstayed my B-permit, these are renewable.. so long as you don't use social aide etc..

Has this happened to anyone else? Why? What should I do now?
Well just because the permits are renewable, this doesn't mean you can hang around for months, until you find someone who renews it.

So depending on the number of months you oopsed, you could actually be in violation of the law (as trivial as it may seem) and that usually ain't a good thing permitwise.

Further, since this is considered as an initial application, they probably expect you to make it from abroad, and collect the entry visa from abroad, not from Switzerland. They're rather touchy about that particular point.
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Old 06.08.2007, 01:13
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Re: Work permit rejected by Federal Migration Office?

So long as one has an active ZAR number the permit is renewable, even if someone overstays. B-permits are normally renewed without problem, so long as one doesn't use state aide and doesn't do anything wrong while in Switzerland. And I did not need a visa to get the initial B-permit, since I am a Canadian citizen.
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Old 06.08.2007, 03:13
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Re: Work permit rejected by Federal Migration Office?

Hello fellow Canadian,

It seems that we are in the same boat. They rejected my employers application for a B permit as well in July. I guess they don't like us Canadians?
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Old 06.08.2007, 09:25
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Re: Work permit rejected by Federal Migration Office?

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So long as one has an active ZAR number the permit is renewable, even if someone overstays. B-permits are normally renewed without problem, so long as one doesn't use state aide and doesn't do anything wrong while in Switzerland. And I did not need a visa to get the initial B-permit, since I am a Canadian citizen.
You are here quite right that an active ZAR number allows a permit to be renewed. However, a change of employer by a non-EU citizen means a new application. Since it is reasonable to assume that given the fact Zurich approved the documentation was in order in other words the reason for rejection is either technical or a breach of law. Given that you have, shall we stay outstayed your welcome, I would suggest this is the reason for the rejection.

If this is a rejection on technical grounds this should be easily rectified. And while Zurich has the first say on permits and usually Bern is a rubber stamp, the actual permit is issued in the first instance by Bern. Only after a period of over 12 months is the dossier transferred to the canton. The fact that they sent the dossier to Bern implies either you have moved to Zurich or that Zurich are treating this as a new application.
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Old 07.08.2007, 12:24
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Re: Work permit rejected by Federal Migration Office?

Hi,

A week ago, my employer received a favorable decision from Federal Migration Office. Now, we are waiting for the decision of the canton!

I have two question about this decision. First, it is stated that this decision is given for a maximal period of 24 months. In german: Die Zustimmung wird für maximal 24 Monate erteilt. Thanks to google translate. However, I still don't understand what does it mean? Since my job contract is for unlimited duration.

Second, will I get a 24 or 12 months permit. Could someone help me to understand this beautiful sentence: Vorbehalten bleibt der Entscheid der zuständigen Ausländerbehörde über die Erteilung einer Aufenthalts- oder Kurzaufenthaltsbewilligung. I am not very confident on web translation :-)


Many thanks for your help,
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Old 07.08.2007, 12:36
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Re: Work permit rejected by Federal Migration Office?

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I am not very confident on web translation :-)


Many thanks for your help,
Heya

, i know but


Try leo.org for translations

Enjoy
kt
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Old 07.08.2007, 12:47
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Re: Work permit rejected by Federal Migration Office?

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Heya

, i know but


Try leo.org for translations

Enjoy
kt
Thank you for your valuable help Katie,

I don't think that the post is out off topic. Should I create a new one ?
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Old 07.08.2007, 12:48
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Re: Work permit rejected by Federal Migration Office?

I've been in the same situation 1.5 years back...Zurich approved my B-permit but Bern rejected it. My employer's lawyer told that this is 1 in a 10'000 possibility. Simply speaking, the authorities in Bern have to balance permits for foreigners on a country-wide level, and so if Basel for example receives more approvals for B-permits, Zurich or some other canton will have to cut down.
Anyway, my employer's lawyer then repsonded to the questions which the authorities in Bern fielded...after which I got an L-permit for 2 years.
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Old 07.08.2007, 12:50
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Re: Work permit rejected by Federal Migration Office?

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Hi,

A week ago, my employer received a favorable decision from Federal Migration Office. Now, we are waiting for the decision of the canton!

I have two question about this decision. First, it is stated that this decision is given for a maximal period of 24 months. In german: Die Zustimmung wird für maximal 24 Monate erteilt. Thanks to google translate. However, I still don't understand what does it mean? Since my job contract is for unlimited duration.

Second, will I get a 24 or 12 months permit. Could someone help me to understand this beautiful sentence: Vorbehalten bleibt der Entscheid der zuständigen Ausländerbehörde über die Erteilung einer Aufenthalts- oder Kurzaufenthaltsbewilligung. I am not very confident on web translation :-)


Many thanks for your help,
There is often, despite an unlimited contract duration an upper limit imposed. This generally means that you will be receiving an L permit which is thus of limited time. If you get a B permit this will also be time limited and not a "proper" B permit. On your renewal it will then be upgraded to an unrestricted B permit. It is actually nothing to worry about and is standard practice

The second paragraph basically says that the choice of whether to give you an L permit (Kurzaufenthaltsbewilligung) or a B permit (Aufenthaltsbewilligung) will be left to the issuing authority ie your cantonal Migrationsamt.
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