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Old 26.11.2007, 15:49
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B Permit after 3 years, now, Limited 12 to 48 months

Dear EF Members,

After 3 years of holding a B permit, when I tried to renew it lately, the Migrationsamt called our HR and they said that I had only a maximum 36months (3 years) allowed to be here (was here since November 2004). So, HR negotiated with them, and was able to extend me until November of 2008, initially.

Here below, are details on my latest "Einverständnis" document faxed by the Migrationsamt from Aarau:

"
Verfügung
Gestützt auf Artikel 8 Absatz 2 des Bundesgestzes über Aufenthalt und Niederlassung der Ausländer vom 26. März 1931.

EINVERSTÄNDIS

Namen: XXXXX
Vornamen: XXXXX
Geburtsdatum: DD.MM.YYYY
Zulassungscode: 1406
Stellenantritt als: [Betriebsmitarbeiter Details and Address]

Gültig vom / ab 23.11.2007 bis 22.11.2008

Bedingungen: gültige Anwesenheitsbewilligung im Wohnkanton.
Verlängerung der Aufenthaltsbewilligung um weitere 12 Monate auf max.
48 Monate. Der Ausweis wird der Wohngemeinde zugestellt.

Migrationsamt Kanton Aargau

Das vorliegende Einverständnis bezieht sich nur auf den angegeben Aufenthaltszweck. Ist zur Ausübung eines Berufes eine gewerbe- oder gesundheitspolizeiliche Bewilligung oder eine ähnliche Ermächtigung notwendig, muss sie zusätlich eingeholt werden. Das Einverständnis erlischt, wenn es nicht innerhalb von drei Monaten nach Beginn der Gültigkeitsdauer benutzt wird. Erfolgt das Einverständnis zur Ausübung einer Erwerbstätigkeit, ist der Arbeitgeber verplfichtet, eine Aufgab e der Tätigkeit innerhalb von acht Tagen der Einwohnerkontrolle des Wohnorts zu melden.
"

Question: What are my options after the 12 to 48 (max) months given to me? Our HR is also trying to check what they can do to make my status of a "long-term" nature, since I have an open contract with the company. Any valuable inputs please?
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Old 26.11.2007, 16:21
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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Dear EF Members,

After 3 years of holding a B permit, when I tried to renew it lately, the Migrationsamt called our HR and they said that I had only a maximum 36months (3 years) allowed to be here (was here since November 2004). So, HR negotiated with them, and was able to extend me until November of 2008, initially.

Here below, are details on my latest "Einverständnis" document faxed by the Migrationsamt from Aarau:

"
Verfügung
Gestützt auf Artikel 8 Absatz 2 des Bundesgestzes über Aufenthalt und Niederlassung der Ausländer vom 26. März 1931.

EINVERSTÄNDIS

Namen: XXXXX
Vornamen: XXXXX
Geburtsdatum: DD.MM.YYYY
Zulassungscode: 1406
Stellenantritt als: [Betriebsmitarbeiter Details and Address]

Gültig vom / ab 23.11.2007 bis 22.11.2008

Bedingungen: gültige Anwesenheitsbewilligung im Wohnkanton.
Verlängerung der Aufenthaltsbewilligung um weitere 12 Monate auf max.
48 Monate. Der Ausweis wird der Wohngemeinde zugestellt.

Migrationsamt Kanton Aargau

Das vorliegende Einverständnis bezieht sich nur auf den angegeben Aufenthaltszweck. Ist zur Ausübung eines Berufes eine gewerbe- oder gesundheitspolizeiliche Bewilligung oder eine ähnliche Ermächtigung notwendig, muss sie zusätlich eingeholt werden. Das Einverständnis erlischt, wenn es nicht innerhalb von drei Monaten nach Beginn der Gültigkeitsdauer benutzt wird. Erfolgt das Einverständnis zur Ausübung einer Erwerbstätigkeit, ist der Arbeitgeber verplfichtet, eine Aufgab e der Tätigkeit innerhalb von acht Tagen der Einwohnerkontrolle des Wohnorts zu melden.
"

Question: What are my options after the 12 to 48 (max) months given to me? Our HR is also trying to check what they can do to make my status of a "long-term" nature, since I have an open contract with the company. Any valuable inputs please?
To be honest leave! But that said it would be surprising if after another few years they did not change your permit to long term. As it stands you are not entitled to unemployment benefit as your permit is only valid as long as you have work... Furthermore it depends on what you are doing and what your qualifications are. The ANAG regulations they are quoting also change as of 1st Jan 08. You will be able to find other stuff relating to these changes by searching ...
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Old 26.11.2007, 17:23
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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To be honest leave! But that said it would be surprising if after another few years they did not change your permit to long term. As it stands you are not entitled to unemployment benefit as your permit is only valid as long as you have work... Furthermore it depends on what you are doing and what your qualifications are. The ANAG regulations they are quoting also change as of 1st Jan 08. You will be able to find other stuff relating to these changes by searching ...
Hi Richard, thanks for the quick reply! I think I would not leave yet and try to ride out this issue for the moment, since the unemployment benefits is not really an issue for the moment because of the security the company has given me on this position. Would also look what the new ANAG regulations hold for me, and if this would have a direct effect on my status/residence.

Can you guide me to any thread (if any?) here on the forum which discusses points on the new regulations?
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Old 26.11.2007, 17:58
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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I think I would not leave yet and try to ride out this issue for the moment, since the unemployment benefits is not really an issue for the moment because of the security the company has given me on this position.
Ha ha.

I will always remember one of my previous employers' (for discretion's sake, let it be named "The Big Blue Bull") townhall in early 2001.

The speaker, one of the head honchos from the mothership in the You Esse of Ay, had been flown in to address the mounting legitimate fears brought about by market conditions. Part of his speech, delivered in a very posh lakeside hotel, forever engraved in my mind was thus: "We know that there are rumors of layoffs, but rest assured, the future for the firm and especially the Geneva branch is very bright! Let me reassure you, ladies and gentlemen - this is by all means not the "condemned man"'s last meal! ". Laughter in the room.

One week later, one third of my team was let go in one swift swoop.
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Old 26.11.2007, 18:11
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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Hi Richard, thanks for the quick reply! I think I would not leave yet and try to ride out this issue for the moment, since the unemployment benefits is not really an issue for the moment because of the security the company has given me on this position. Would also look what the new ANAG regulations hold for me, and if this would have a direct effect on my status/residence.

Can you guide me to any thread (if any?) here on the forum which discusses points on the new regulations?
try searching with the term ANAG. Here is one thread which includes a link to the new law:
Ausweis: Changed cantons
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Old 26.11.2007, 18:15
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Re: B Permit after 3 years, now, Limited 12 to 48 months

I do not know what to answer...

My permit situation - I got it, but never received it, now I applied for duplicate.

It is hard with administration - I usually follow what they say and am nice to ladies working there.

If his companies talked to the administration then it should be OK - logicaly speaking. And layoffs, well, you feel that in the company before anyone else says a word about it. Usually workload says enough for itself.


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Ha ha.

I will always remember one of my previous employers' (for discretion's sake, let it be named "The Big Blue Bull") townhall in early 2001.

The speaker, one of the head honchos from the mothership in the You Esse of Ay, had been flown in to address the mounting legitimate fears brought about by market conditions. Part of his speech, delivered in a very posh lakeside hotel, forever engraved in my mind was thus: "We know that there are rumors of layoffs, but rest assured, the future for the firm and especially the Geneva branch is very bright! Let me reassure you, ladies and gentlemen - this is by all means not the "condemned man"'s last meal! ". Laughter in the room.

One week later, one third of my team was let go in one swift swoop.
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Old 26.11.2007, 18:43
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Re: B Permit after 3 years, now, Limited 12 to 48 months

If you want to try your luck and stay, do it.

But for what I can read on that document they are giving you a final 12 month period. ( the 36 months you have already used )

This is something they do to give you enough time to prepare your departure from Switzerland.

You can try to stay, but you'd be better prepared to leave when that period expires.
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Old 26.11.2007, 18:52
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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Ha ha.

I will always remember one of my previous employers' (for discretion's sake, let it be named "The Big Blue Bull") townhall in early 2001.

The speaker, one of the head honchos from the mothership in the You Esse of Ay, had been flown in to address the mounting legitimate fears brought about by market conditions. Part of his speech, delivered in a very posh lakeside hotel, forever engraved in my mind was thus: "We know that there are rumors of layoffs, but rest assured, the future for the firm and especially the Geneva branch is very bright! Let me reassure you, ladies and gentlemen - this is by all means not the "condemned man"'s last meal! ". Laughter in the room.

One week later, one third of my team was let go in one swift swoop.
Hi Shorrick! Thanks for the reality check, it's indeed true. Worst come to worst, you are right. Very good point.
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Old 26.11.2007, 18:56
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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If you want to try your luck and stay, do it.

But for what I can read on that document they are giving you a final 12 month period. ( the 36 months you have already used )

This is something they do to give you enough time to prepare your departure from Switzerland.

You can try to stay, but you'd be better prepared to leave when that period expires.
Hi Salsa_Lover, thanks also to your reply.

But in the conditions, it says:

"gültige Anwesenheitsbewilligung im Wohnkanton.
Verlängerung der Aufenthaltsbewilligung um weitere 12 Monate auf max.
48 Monate. Der Ausweis wird der Wohngemeinde zugestellt.
"

Does it mean that it already includes the 3 years that have passed, or it starts a new from this current renewed year (4th year)?
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Old 26.11.2007, 19:00
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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Hi Salsa_Lover, thanks also to your reply.

But in the conditions, it says:

"gültige Anwesenheitsbewilligung im Wohnkanton.
Verlängerung der Aufenthaltsbewilligung um weitere 12 Monate auf max.
48 Monate. Der Ausweis wird der Wohngemeinde zugestellt."

Does it mean that it already includes the 3 years that have passed, or it starts a new from this current renewed year (4th year)?
The answer to that depends on what was in your first permit...
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Old 26.11.2007, 19:06
Salsa_Lover
 
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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Hi Salsa_Lover, thanks also to your reply.

But in the conditions, it says:

"gültige Anwesenheitsbewilligung im Wohnkanton.
Verlängerung der Aufenthaltsbewilligung um weitere 12 Monate auf max.
48 Monate. Der Ausweis wird der Wohngemeinde zugestellt."

Does it mean that it already includes the 3 years that have passed, or it starts a new from this current renewed year (4th year)?
As the earlier permit had a maximum of 36 months they have issued a new authorisation that complements the previous one, extending the permit 12 months for a maximum of 48 months ( instead of 36).

I had some friends in Geneva, that managed to stay after they got this kind of last 12 months extension, but that was years ago.

But in recent years after all the law changes, the authorities are searching to reduce the number of permits and not to expand them, I know of some that got that last year period and did have to leave at the end.
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Old 26.11.2007, 19:41
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Re: B Permit after 3 years, now, Limited 12 to 48 months

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As the earlier permit had a maximum of 36 months they have issued a new authorisation that complements the previous one, extending the permit 12 months for a maximum of 48 months ( instead of 36).

I had some friends in Geneva, that managed to stay after they got this kind of last 12 months extension, but that was years ago.

But in recent years after all the law changes, the authorities are searching to reduce the number of permits and not to expand them, I know of some that got that last year period and did have to leave at the end.
Boy how did I miss that - you are on the ball today. Quite right too...
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