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Old 27.07.2011, 12:34
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Transition from Student to Employee

Dear all,

I am confronted with an almost absurd situation in the process of obtaining the work permit and I would both like to share it and to ask for advise, especially from those who are very familiar or professionally experinced with such cases.

I am finishing my Master's studies in Zurich, meaning: I gained all the credits required for Master's degree, I am not subscribed for the next semester (basically from August 1 I am not a student anymore) and I will receive my Diploma at the end of October (just due to internal University administrative lag times).

I have an employment contract signed with a company and at the beginning of July we applied for a work permit, providing ALL the necessary confirmations that I am basically not a student anymore starting August 1 and that I should get a work permit. BUT, we just received an answer from AWA that they want to see the Diploma (issued only at the end of October)...

In this way, basically I am "stuck" in an intermediary state, where I basically can't get a student work permit and neither a normal work permit!?!

I don't think it is even legally possible to create a dead period for a resident of Switzerland, who neither is allowed to work as a student, nor as a professional. By the way, I am from Romania, so the conditions of EU2 are applicable.

I think it is unfair, because, if I would be already employed before July on a student work permit, I am pretty sure I could have freely continued working until end of October as such and then continue on a work permit.

My question would be: do you know what I can do in this situation?

THANK YOU
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Old 27.07.2011, 12:50
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Re: Transition from Student to Employee

Hello Vitalie. Could you please explain who AWA is?

I think you can ask the Zurich University you attended for a "Bestätigung" that you are expected to pass your training course and will receive your diploma in October.

Then take this letter to the registration authorities asking them for the 'B' permit conditional on you getting the diploma.

It might work, otherwise you will have to go home for a holiday and apply for a tourist Visa.
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Old 28.07.2011, 17:30
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Re: Transition from Student to Employee

I've a friend at ETH Zurich in a similar situation.

What he told me he did was that he signed on for another semester - which he apparently marked as a "leave of absence" (this he said was possible) and this allowed him to extend his residence permit long enough to get the work permit stuff sorted out.

So ask at your university administrative office, whether you can enrol for another semester without needing to take any actual courses, and with this you can extend your permit.
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Old 04.08.2011, 10:43
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Re: Transition from Student to Employee

Thank you for your replies.

AWA is the acronym for Amt für Wirtschaft und Arbeit.

About the absence of leave: at my University one cannot take this without objective medical/other problems, plus that it's not possible in cases when you don't have to meet any other requirements anymore (you finished basically the studies).

I'm looking more at the possibility that someone advises me on how the legislation addresses this issue.
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Old 04.08.2011, 11:40
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Re: Transition from Student to Employee

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I'm looking more at the possibility that someone advises me on how the legislation addresses this issue.
The legislation doesn't really address your specific issue one way or the other. The employer has to prove that the position could not be filled by any Swiss or EU25 applicant before filing for a permit for you. Part of the permit application is the diplomas (eg if the position requires a specific diploma which I suppose it does).

I suppose AWA is well aware that the universities only issue diplomas once or twice a year - hence you could get a letter of confirmation or "bestätigung" from the University that you have fulfilled the criterias for being awarded diploma such-and-such that AWA should be happy with.
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