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  #1  
Old 24.02.2011, 01:43
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Working Permit - Rejected. Any suggestions?

Hi ,

(Did some forum search & maybe it was asked before, anyway- my apologizes if so...)

I'm a few months in Switzerland with my non-married partner (which is permitted and working), I'm non-EU; A few months ago, I've received a B permit - "sans activite".

So, I found a job and passed there recruiting phase on Dec. '10, and this week, after more than 2 months, I was told that the cantonal office rejected my (or theres) application, on the bases of not being convincing enough that they actually searched for anyone else -Swiss or EU -for the job, or in the origin:
Un ?tranger ne peut ?tre admis en vue de l’exercice d’une activit? lucrative que s’il est d?montr? qu’aucun travailleur en Suisse ni aucun ressortissant d’un Etat avec lequel a ?t? conclu un accord sur la libre circulation des personnes correspondant au profil requis n’a pu ?tre trouv?.


The most disturbing thing in that decision, is the fact that the letter attached to my Residency permit, clearly demands me to either find a job or get married within this year, so it will be renewed. So I found a job, and now they refused it
To my nonprofessional eyes, it seems like a pure contradiction.

Is there any thing to do?

Thanks.
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  #2  
Old 24.02.2011, 10:50
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Re: Working Permit - Rejected. Any suggestions?

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Hi

The most disturbing thing in that decision, is the fact that the letter attached to my Residency permit, clearly demands me to either find a job or get married within this year, so it will be renewed. So I found a job, and now they refused it
To my nonprofessional eyes, it seems like a pure contradiction.

Is there any thing to do?

Thanks.
They demand you to find a job in accordance with prevailing regulations, that state that the Swiss / EU candidates must be vetted and deemed unsatisfactory before a non-EU candidate may be considered. So no contradiction there.
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  #3  
Old 24.02.2011, 11:02
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Re: Working Permit - Rejected. Any suggestions?

You will just have to get married then.
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Old 24.02.2011, 12:49
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Re: Working Permit - Rejected. Any suggestions?

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You will just have to get married then.
Or enter into a registered partnership with similar rights from an immigration perspective as marriage if one of the partners has residency.

Technically you could ask, as you have succeded in getting a conditional job offer (conditional on a permit being granted of course) if you have therefore met your residence permit extension criteria.

Secondly is your partner from an EU/EEA/FL/CH country where you could invoke EU/EEA Treaty rights? Failing that are you considering marriage or a registered partnership with your partner as appropriate?

Or worst case, are you planning to be the parent of a child born in Switzerland?

Please the following for more details on this piece of Federal legislation since 2007 and particularly the Cantonal arrnagements prevailing in Geneva since 2001 considering you seem to indicate you live there.
http://en.wikipedia.org/wiki/Registe...in_Switzerland
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Old 24.02.2011, 12:53
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Re: Working Permit - Rejected. Any suggestions?

I'd reapply. It might be that the communication between your employer and the permit office hasn't been satisfactory, talk to your employer and then reapply. Some permits have been given after an appeal. Maybe your employer hasn't submitted sufficient amount of administrative papers, or they have missed a stamp or two.
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Old 24.02.2011, 13:08
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Re: Working Permit - Rejected. Any suggestions?

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Technically you could ask, as you have succeded in getting a conditional job offer (conditional on a permit being granted of course) if you have therefore met your residence permit extension criteria.
Can you please explain what is residence permit extension criteria?

My partner is also non- EU but she hold working permit, and yes- we are from Geneva.
Can you kindly elaborate on the procedure of declaring registered partnership-
Can it be done in our homeland and will be applicable in Geneva?

Thanks

Last edited by rel2011; 24.02.2011 at 13:23.
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Old 24.02.2011, 14:05
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Re: Working Permit - Rejected. Any suggestions?

How can we know if your home country allows registered partnerships if we don't know your home country? What country are you from? But really at that point why don't you just get married?

Since your employer is a "small family owned company" they clearly had no idea of the regulations and paperwork necessary to get your work permit approved. They should get advice from a lawyer/immigration specialist and reapply for your permit with the appropriate paperwork.
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Old 24.02.2011, 15:37
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Re: Working Permit - Rejected. Any suggestions?

Thanks for your replay;

The question is whether the announcement as registered partnerships have to take place in Switzerland in order to be applicable.

What we try to figure out, is if there is any way that in the given 2 weeks (while the job offer is still open) we can registered and approved for work permit,
without the need for a Vegas-style wedding
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Old 24.02.2011, 15:44
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Re: Working Permit - Rejected. Any suggestions?

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Technically you could ask, as you have succeded in getting a conditional job offer (conditional on a permit being granted of course) if you have therefore met your residence permit extension criteria.
No permit, no job. The condition was getting a job, not a job offer.
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Old 24.02.2011, 17:36
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Re: Working Permit - Rejected. Any suggestions?

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Or enter into a registered partnership with similar rights from an immigration perspective as marriage if one of the partners has residency.
So, I just had a long phone call with the cantonal immigration office; in very clear words the person denied obtaining working permit on the bases of registered partnership. Weddings only.

I guess that sums it for this job application; see ya all after holy matrimony
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Old 24.02.2011, 17:44
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Re: Working Permit - Rejected. Any suggestions?

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So, I just had a long phone call with the cantonal immigration office; in very clear words the person denied obtaining working permit on the bases of registered partnership. Weddings only.

I guess that sums it for this job application; see ya all after holy matrimony
Or you could get the company to submit the proper paperwork and re-submit the application.
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Old 24.02.2011, 17:58
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Re: Working Permit - Rejected. Any suggestions?

Basically you are right; The thing is that since they put so much effort to that already, and had to wait so long (missing the working hands they needed at the time), and actually fight with this decision, I will try to sort it on my end at the time.
I think that there is a limit for what I can ask from a future employer which haven't seen a single hour of work yet.
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Old 24.02.2011, 18:07
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Re: Working Permit - Rejected. Any suggestions?

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So, I just had a long phone call with the cantonal immigration office; in very clear words the person denied obtaining working permit on the bases of registered partnership. Weddings only.

I guess that sums it for this job application; see ya all after holy matrimony
Well, registered partnerships are only for same sex couples, which it seems you are not if marriage is an option.

Tom
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Old 24.02.2011, 19:04
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Re: Working Permit - Rejected. Any suggestions?

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Well, registered partnerships are only for same sex couples, which it seems you are not if marriage is an option.

Tom
You can get PAC'd which is basically registering a partnership without getting married same sex or not.
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Old 25.02.2011, 09:27
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Re: Working Permit - Rejected. Any suggestions?

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You can get PAC'd which is basically registering a partnership without getting married same sex or not.
Not in Switzerland.

Tom
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Old 25.02.2011, 10:50
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Re: Working Permit - Rejected. Any suggestions?

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Not in Switzerland.

Tom
In Geneva you can. However it is not federally recognised.
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Old 25.02.2011, 22:16
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Re: Working Permit - Rejected. Any suggestions?

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In Geneva you can. However it is not federally recognised.
Which was the whole point to begin with... No working permit can grow on that tree.
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Old 25.02.2011, 22:21
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Re: Working Permit - Rejected. Any suggestions?

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Which was the whole point to begin with... No working permit can grow on that tree.
Well, yes it can. In Geneva. There have also been other success stories in other cantons. Rare, but possible.
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Old 26.02.2011, 17:11
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Re: Working Permit - Rejected. Any suggestions?

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Well, yes it can. In Geneva. There have also been other success stories in other cantons. Rare, but possible.
No intension to contradict your professional experience,
but the Swiss authorities were extremely clear (Two separated talks I had with them), that in Geneva, only married couples granted with automatic work permit for the other spouse; The registered partnership is good for other things, this one is not included.

I will be thrilled if the case is different and i'm totally wrong; Monday morning on the relevant office, with docs and my partner...
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