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Old 21.05.2011, 22:56
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Non-EU L permit, getting a new job

Hi,

My wife started a one-year post-doc at ETHZ last year and received an L permit. We all move to Switzerland. As usual, I also received an L permit without permission to work.

Now we are getting close to the end of my wife's L permit's validity. Fortunately both of us are about to secure jobs that will start right after end of our L permits. Her new job is initially for 18 months and my offer is for one year with possibility of renewal. Here are my questions:

- Do we have to leave the country and return back at the end of our L permit? If yes, for how long?
- Does the above answer apply no matter which one of us tries to get a new permit?
- I used to have a work B permit back in 2008. We left Switzerland to go to the US for education for a couple of years. Does having a history of B permit (specifically article 30.k) help us or change the above answers in any way?

Thanks,
AlefSin
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Old 22.05.2011, 02:02
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Re: Non-EU L permit, getting a new job

I re-read previous threads and took a look at the law. It seems that the article 57 says that between two L permits, there should be a gap of at least 2 months outside Switzerland. However, it specifically talks about a gap between two short-term permits and is silent about change between L and B. So is it correct to conclude that a gap between L and B is not necessary?
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Old 22.05.2011, 09:39
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You will not have to leave but only your wife is entitled to seek a job as a Swiss graduate. Once she has the job then you will get the same permit. On an 18 month contract she will probably get an L or a project based B. This will not give you, as her dependent, the right to work.
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Old 22.05.2011, 10:14
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Re: Non-EU L permit, getting a new job

If You have history of a B permit and now have an L permit that dont allow you to work, its ok, thats one thing seperate, now if you have an employee that will ask for the B permit, than thats great news , If your L permit expires before the b permit, than your out of luck and will have to leave the country, but if the B permit will be ready within two weeks after your permit L has expired, than you can stay and all should be ok, as long as you have a copy of the contract from your new employee, all should be ok,, good luck
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Old 22.05.2011, 10:30
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Re: Non-EU L permit, getting a new job

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You will not have to leave but only your wife is entitled to seek a job as a Swiss graduate. Once she has the job then you will get the same permit. On an 18 month contract she will probably get an L or a project based B. This will not give you, as her dependent, the right to work.
In fact both of us are Swiss graduates (PhD from EPFL). Though I'm not sure with current law it would make a difference. It seems it is only helpful if a Swiss graduate wants to enter the job market immediately after graduation, not like us after a gap of couple of years living abroad.
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Old 22.05.2011, 10:31
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Re: Non-EU L permit, getting a new job

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If You have history of a B permit and now have an L permit that dont allow you to work, its ok, thats one thing seperate, now if you have an employee that will ask for the B permit, than thats great news , If your L permit expires before the b permit, than your out of luck and will have to leave the country, but if the B permit will be ready within two weeks after your permit L has expired, than you can stay and all should be ok, as long as you have a copy of the contract from your new employee, all should be ok,, good luck
I understand that if our L permit expires, we'll have to leave Switzerland. However I am not sure is if the next permit would be a B, we should stay abroad for a set minimum period.
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Old 22.05.2011, 12:08
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If You have history of a B permit and now have an L permit that dont allow you to work, its ok, thats one thing seperate, now if you have an employee that will ask for the B permit, than thats great news , If your L permit expires before the b permit, than your out of luck and will have to leave the country, but if the B permit will be ready within two weeks after your permit L has expired, than you can stay and all should be ok, as long as you have a copy of the contract from your new employee, all should be ok,, good luck
I think you have mixed up employee with employer? Even so, the employer can only influence the permit type via the contract. With an18 month term it's almost certainly an L.
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Old 22.05.2011, 12:10
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In fact both of us are Swiss graduates (PhD from EPFL). Though I'm not sure with current law it would make a difference. It seems it is only helpful if a Swiss graduate wants to enter the job market immediately after graduation, not like us after a gap of couple of years living abroad.
It's an interesting question. I would take this to your local authorities and see what they say.
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Old 22.05.2011, 12:50
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Re: Non-EU L permit, getting a new job

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It's an interesting question. I would take this to your local authorities and see what they say.
Interesting idea. Do you think they would consider such things? I mean, in general, is the law flexible enough to consider personal circumstances for permit decisions or is it just too rigid? I know in our case we have lots of things to say: both graduated from a Swiss university, advanced degree in specialized fields, history of B permit, history of 8 years of living in Switzerland, our child was born here, ... Still I always thought they just ignore such things as laws are too rigid.
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Old 22.05.2011, 19:58
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Interesting idea. Do you think they would consider such things? I mean, in general, is the law flexible enough to consider personal circumstances for permit decisions or is it just too rigid?
No idea. But I think they would give you better advice on how to proceed than we on the EF can.
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Old 22.05.2011, 20:33
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Re: Non-EU L permit, getting a new job

Same thinking swiss immgration would give you better advice on how to proceed than we on the EF can.
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