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Old 26.04.2012, 17:58
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Non-EU expiring B permit with a new job,

Dear all,

I hope all you are fine. I have been living in Switzerland in the same city for 3 years. In the end of 2011 I changed my employer and started to have a new job at same location. I am Non-EU national holding B-permit.
My B-permit will expire soon. Just in order to extend my B-permit, I requested my employer.However i was told that my B permit is linked to my previous employer. I really did not know that. Also I already work in new company for more than 3 months.

I really do not know what to do. I appreciate if any of you share your info/experince with about this issue. Do any of you know how to extend B-permit under these conditions?

Thanks in advance,
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Old 27.04.2012, 13:16
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Re: Non-EU expiring B permit with a new job,

Did you leave your previous job or were you let go? What exactly have you requested your current employer to do? What exactly was the response? It seems his HR did not do their homework prior to hiring you. Which is no excuse for not knowing the conditions under which your permit was granted in the first place.

Last edited by Aleydis; 27.04.2012 at 16:09. Reason: grammar
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Old 27.04.2012, 15:53
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Re: Non-EU expiring B permit with a new job,

oh oh .. i think the new company didn't do all the due diligence before they hired you... i hope you wont get into a mess and wish you good luck..
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Old 27.04.2012, 19:26
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Re: Non-EU expiring B permit with a new job,

Hi again,
I found a job. So i resigned. I suppose hr of new company had not done their homework. Therefore i have such issue. New company they will try to find a way. What do you think? I really would like to stay and continue working here.

Could you advise me anything that I can do under these conditions ?

Thanks in advance,
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Old 27.04.2012, 20:24
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Re: Non-EU expiring B permit with a new job,

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Hi again,
I found a job. So i resigned. I suppose hr of new company had not done their homework. Therefore i have such issue. New company they will try to find a way. What do you think? I really would like to stay and continue working here.

Could you advise me anything that I can do under these conditions ?

Thanks in advance,
From what you said, you actually broke the law....as it is most probably stated on your permit that you can't change employer and your permit is related to your previous employer, Swiss won't take it as a mistake from the company, it is your mistake to actually go ahead searching / accepting other employment as the permit is yours.

I think you'll be required to leave the country (hopefully you won't be banned from returning for illegally overstaying as this is the case with you now), your current employer will have to publicly announcing the job, interview candidates from CH and EU and prove that non is qualified then you might be able to re-apply and interviewed....and then your employer have to apply for permit and based on the available quota and info you might be able to return....this can take a year though.

Sorry to be the one giving you the bad news, but you're actually in trouble if it's written on your permit "Tied to employment with your previous employer / can't change employer"

You need to discuss with your current employer and even goto the immigration office if required, chances are so slim though
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Old 27.04.2012, 23:22
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Re: Non-EU expiring B permit with a new job,

To the OP: if you want to get real answers, you need to provide more specific information, not all B permits are the same - very much can depend on details (which may seem insignificant to you), such as circumstances under which the permit was originally issued, and, as I personally found out last year, "grey zones" exist in the area of application of the new Foreigners' Act by the migration authorities.
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Old 27.04.2012, 23:30
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Re: Non-EU expiring B permit with a new job,

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To the OP: if you want to get real answers, you need to provide more specific information, not all B permits are the same - very much can depend on details (which may seem insignificant to you), such as circumstances under which the permit was originally issued, and, as I personally found out last year, "grey zones" exist in the area of application of the new Foreigners' Act by the migration authorities.
From what he mentioned:

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Dear all,

I hope all you are fine. I have been living in Switzerland in the same city for 3 years. In the end of 2011 I changed my employer and started to have a new job at same location. I am Non-EU national holding B-permit.
My B-permit will expire soon. Just in order to extend my B-permit, I requested my employer.However i was told that my B permit is linked to my previous employer. I really did not know that. Also I already work in new company for more than 3 months.

Thanks in advance,
Can OP confirm what exactly is stated on his permit?, is it "Restricted employment, cannot change employer"?
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Old 28.04.2012, 00:42
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Re: Non-EU expiring B permit with a new job,

Hi again,
On b permit nothing is written. Therefore I thought everything is ok. However when I called for renewing my permit, I was told that It is linked to my prev. Company.
Btw what are the grey zones you mentioned? Could you please explain or advise me a source to check?
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Old 28.04.2012, 01:28
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Re: Non-EU expiring B permit with a new job,

guardian, what is written under ANMERKUNGEN on the front side of your permit? Also, do note that the restrictictions concerning your permit may be stated in the official letters from the labour and/or migration authorities in which the latter consented to issue the said permit. Accessing these letters asap would be a good way to start in my opinion.

Who did you call to renew your permit? Someone in your new company? Have you already received the extention form from the Migrationsamt?

The "grey zones" I mentioned were employment restrictions. One example is being unable (not being allowed) to take up employment below a certain level of income and/or in an industry (drastically) different from the one you have originally been employed in. Such things are decided on a case by case basis. No, there are no sources, at least not ones I am aware of.

Last edited by Aleydis; 28.04.2012 at 01:32. Reason: spelling
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Old 28.04.2012, 21:24
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Re: Non-EU expiring B permit with a new job,

What does it say on the back of the permit ? Does your permit list your employer details on it ?

Your employer should have copied your permit and phoned through to confirm your status with the authorities before issuing you a contract. Maybe that's not 'required' but it's certainly standard procedure where I work...

When my dependent 'L' changed to a 'B' I obtained a letter that actually stated that I was free to work in Switzerland. I can't remember whether the letter was issued to my employer or to me personally...but I certainly filed the letter very carefully!
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Old 29.04.2012, 21:13
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Re: Non-EU expiring B permit with a new job,

You should have called the Federal Migration Office in Bern, they would have told you the status and limitations of you permit (at least that's what I did when I had a non-EU permit and switched jobs a few years back).
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