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  #21  
Old 05.07.2011, 23:20
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Re: L to B after 2 years - Not according to migrationsampt

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Is that a corporate lawyer or an immigration lawyer? I've seen lots of corporate lawyers come to represent their clients on immigration matters and they are completely not equipped for it.
She is an immigration lawyer who is with the relocation company.
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  #22  
Old 06.07.2011, 10:07
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Re: L to B after 2 years - Not according to migrationsampt

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We got our B permit last year but was advised that our application for conversion to B permit falls under "that quota".
It is confusing but there is no such quota. Quota's and associated permit types are published annually along with the allocations by kanton. Ask your lawyer to point out this quota in the list .

If you were converting from, say, a short term L permit then the B permit quota would apply as there is no normal "upgrade" path in that case.

Annual L permits leading by default to B permits are not subject to the B permit quota.
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  #23  
Old 06.07.2011, 10:49
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Re: L to B after 2 years - Not according to migrationsampt

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It is confusing but there is no such quota. Quota's and associated permit types are published annually along with the allocations by kanton. Ask your lawyer to point out this quota in the list .

If you were converting from, say, a short term L permit then the B permit quota would apply as there is no normal "upgrade" path in that case.

Annual L permits leading by default to B permits are not subject to the B permit quota.
With all due respect, I am not about to challenge someone who does immigration for a living. Plus, our B permits came through last year so I was simply sharing what I've experienced.

cybersuz, I hope it works out for you soon. I always thought that if you've received the appointment for the migration office to get your details and fingerprints for the permit, it would have been approved already.
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  #24  
Old 06.07.2011, 11:20
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Re: L to B after 2 years - Not according to migrationsampt

I think the true answer is somewhere in between. Certainly the quota system limits permits to enter switzerland and work. But our experience is that the 'L' permits for Non-EU seem to be issued often for the first two years, and after two years, the employer definitely has to justify keeping you and then they will give a B permit.

Also, change of employer is usually not allowed on the non-EU 'L' permit (although you could be lucky - a colleague of ours was successfully transferred but needed the support of both sides to make the transfer.

As far as I know, the quotas only 'ran out' in 2008-2009 when they were tightened due to both the opening of Switzerland because of the Schengen agreement, and because of the financial crisis.

However, what usually happens is not running out of quota places (L's were still available when the B's ran out) was that the criteria is tightened...so in the case of someone who was on an L for two years and didn't get their B, I'd be confident to say that the problem was not lack of 'B' permits, but the inability of the employer to justify long-term employment.

Another colleague of mine had the permission to change from L to B rejected because her salary was too low, and she did not have high enough qualifications (no university degree). The employer appealed and the B was granted...

However, it's far easier to say 'no quota left' rather than 'we can't justify your employment, or 'the migration authorities think we aren't paying you enough'.

At least, that's my understanding...
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  #25  
Old 06.07.2011, 14:28
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Re: L to B after 2 years - Not according to migrationsampt

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With all due respect, I am not about to challenge someone who does immigration for a living.
I'm happy to be corrected - would be a bit embarrassed but happy none the less - if this quota could be identified with a source.
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  #26  
Old 06.07.2011, 14:32
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Re: L to B after 2 years - Not according to migrationsampt

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I'm happy to be corrected - would be a bit embarrassed but happy none the less - if this quota could be identified with a source.
I wish. If the migration office could officially publish an official source for various general circumstances, there really wouldnt be any stress and panic threads re permits.
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  #27  
Old 06.07.2011, 14:45
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Re: L to B after 2 years - Not according to migrationsampt

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I wish. If the migration office could officially publish an official source for various general circumstances, there really wouldnt be any stress and panic threads re permits.
Like so: Höchstzahlen für Aufenthaltsbewilligungen für Personen aus Staaten, die nicht Mitgliedsstaaten der EU oder der EFTA sind [non-EU quotas for 2011]?
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  #28  
Old 19.07.2011, 22:48
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Re: L to B after 2 years - Not according to migrationsampt

http://global-immigration-news.total...eased-in-2011/

If you read this article:-

Each year, the Swiss Federal Council sets quotas for the number of foreign nationals who may enter Switzerland to take up employment. Work permit quotas apply only to first-time applicants seeking to take up employment in Switzerland or to those seeking to convert an L-Permit into a B-Permit. Work permit extensions are not subject to the quotas

It clearly states that L to B permit conversions ARE subject to quota's.
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  #29  
Old 20.07.2011, 10:49
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Re: L to B after 2 years - Not according to migrationsampt

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http://global-immigration-news.total...eased-in-2011/

If you read this article:-

Each year, the Swiss Federal Council sets quotas for the number of foreign nationals who may enter Switzerland to take up employment. Work permit quotas apply only to first-time applicants seeking to take up employment in Switzerland or to those seeking to convert an L-Permit into a B-Permit. Work permit extensions are not subject to the quotas

It clearly states that L to B permit conversions ARE subject to quota's.
Thanks for the link.

We got our letter yestrday stating that our permits have been approved and should arrive shortly, so that took a load off our minds! Not sure what we are getting but at least we are not getting kicked out!
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  #30  
Old 20.07.2011, 17:19
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Re: L to B after 2 years - Not according to migrationsampt

So a new twist to our quest to get "L" to "B" conversions - I went to our Gemeinde today to collect our new permits, my husband's permit was there and it is a "B" so we are happy about that.

No permit for me though, my application for some reason was sent to Berne, the woman at the Gemeinde called the Migration office in Zurich but they could not give a reason why! So as it stands now I have to leave Switzerland by the 15th of Aug!

She said not too worry it should be fine but it does not feel fine to me! I am totally freaked out!

Anybody heard of something like this before?
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  #31  
Old 20.07.2011, 17:27
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Re: L to B after 2 years - Not according to migrationsampt

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So a new twist to our quest to get "L" to "B" conversions - I went to our Gemeinde today to collect our new permits, my husband's permit was there and it is a "B" so we are happy about that.

No permit for me though, my application for some reason was sent to Berne, the woman at the Gemeinde called the Migration office in Zurich but they could not give a reason why! So as it stands now I have to leave Switzerland by the 15th of Aug!

She said not too worry it should be fine but it does not feel fine to me! I am totally freaked out!

Anybody heard of something like this before?
It's a frequent case. You should absolutely not to worry. Even your permit won't come by Aug 15 you definitely can stay in Switzerland. If you need to travel after 15 August but before you get your permit you need to go to Migrationsamt and get re-entrance visa in your passport.

We had absolutely the same case one year ago. My wife's and my child's permits come 1 month later than mine.
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  #32  
Old 20.07.2011, 17:31
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Re: L to B after 2 years - Not according to migrationsampt

It been 8 months now since our most recent renewal and my wifes permit is still "being processed" in Berne. So dont worry, just get a return visa issued from the in case you plan to travel. My wife has gotten three done so far.
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  #33  
Old 20.07.2011, 17:38
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Re: L to B after 2 years - Not according to migrationsampt

Thank you so much for your replies! I feel a bit better now!

Panic attack is slowly subsiding!
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  #34  
Old 20.07.2011, 23:38
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Re: L to B after 2 years - Not according to migrationsampt

My husband's "b" permit arrived today, sent in the post, and so I expect the others will arrive probably in the next few days....with 5 in the family we really don't expect them to all arrive together (last year they rejected our toddler's photo and we had to resubmit the form with a new photo)...

I won't be too surprised if they reject the (now preschooler) photo again - we did the biometric ones and the technician took one with his tongue sticking out....if it doesn't get rejected, I'm gonna frame it when it expires and save if for his 21st birthday....
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