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Old 19.10.2012, 15:13
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G permit denied - EU spouse

Dear all,
I have been reading this forum quite a lot, so first of all, thanks a lot for all the helpful info! This is my first post.
I live in Germany, in the border with Switzerland, and I am non-EU, but married to a EU.
I was recently offered a job (permanent contract) in Zurich. My husband wishes to continue working in Germany.
As most of the people here, me and my employer believe that we would have no problems getting a G permit, but it was rejected on the grounds that my residence permit is not permanent (we've only been married for a year, and in Germany they only issue a permanent permit after 5 years). Bummer!
So first of all I am leaving it here as an advice for people that might be in the same situation.
So we decided to apply again, this time we would move over the border to Switzerland and apply through my husband, since he is an EU. Again, my employer was very optimistic (basically said that it couldn't be refused), we searched for apartments, did everything and guess what? Refused again. This time their argument was that my husband's salary in Germany was not enough to provide for both of us. He has a pretty good salary for German standards, and my contract was also attached to the application (my salary offer is very "generous" - that's what I heard from the Immigration Office), but my contract couldn't be taken into consideration at all because I am not EU.
This whole drama has already cost us 3 months.
I'm getting very pessimistic... The company really wants me and I really want to work for them, but it seems almost impossible at the moment.
There is a lawyer looking into it now, and we will probably now try to apply for a B-permit through Kanton Zurich, but as a non-EU and as the end of the year approaches (less quotas), I think my chances are pretty slim, although I am a highly specialized professional (PhD, MBA, 3 years of experience). The company is quite small.
Any thoughts or advices on that? I am so frustrated, any words would be appreciated...
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Old 20.10.2012, 15:20
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Re: G permit denied - EU spouse

your only solution maybe is for your husband to find a job here in switzerland .
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Old 20.10.2012, 17:20
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Re: G permit denied - EU spouse

Hi, sinbad, thanks for your reply.

Sure, that would be a solution, but as I said, he is very happy with his job in Germany. So we don't have that option.

Any other ideas?
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Old 20.10.2012, 17:32
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Re: G permit denied - EU spouse

1. Quotas have little do to with it. The only time the quotas 'ran out' was in 2008, when they cut them in half because of the 'global financial crisis'.

2. Small companies are quite able to get work permits for specialists. The criteria is the same whether you are a big or small company - "can you find someone who is Swiss or EU to do this job?".

3. If it's a highly specialised position, and you match the job and have all you other documents, then you may well get the permit - it'll take up to 3 months from whenever your employer lodges the paperwork.

4. A lawyer should not be needed. Honestly, the procedure for getting a permit for a Non-EU is not complicated. The rules are pretty clear and I don't think there is a 'loophole' to be exploited.

The rules are pretty clear:

- Swiss and EU passport holders get priorty for jobs.
- Spouses of Swiss/EU passport holders get jobs, but only if the Swiss/EU spouse enters and gets job first that has a high enough salary to support the whole household.
- Once you have permanent residency (and a long marriage), it's easier. And so it should be ... in fact, the barrier you've found is probably there to discourage 'fortune hunting' arranged marriages...

As a Non-EU spouse, my husband had to have a job that was enough to support our whole family, and I did not automatically get the freedom to work until we'd been in Switzerland for 2 years.

If you do get a work permit as a Non-EU through the 'direct' process, it won't necessarily allow you to change jobs freely either...
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Old 20.10.2012, 18:33
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Re: G permit denied - EU spouse

You would be the Zurich equivalent of a 'frontalier' - and no, non-EU cannot get frontalier permits. I tried to hire a Canadian a couple of years ago, who was married to a Frenchman and living in neighboring France - refused, too.
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Old 21.10.2012, 07:49
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I'm surprised to hear that non-EU spouses of Swiss would have any problems? We moved here in 2008. My wife is Swiss and I was non-EU. She had no job at all but I had a job offer. The Swiss consulate told me that I didn't even need a job offer.

But maybe the rules have changed?

Dan
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Old 21.10.2012, 09:10
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Re: G permit denied - EU spouse

In this case, the spouse is German, not Swiss...

EU are allowed to come in and look for a job, if they find a suitable job with a suitable income, then they can bring their family. The EU person can bring a non-EU spouse, but it's the EU person who has to have a job in the first instance, although once the residency permit is granted, the situation can change...if the OP's spouse had a high enough income, then it would have been easier to give the permit approval, but sounds like his salary is not considered high enough to live in Switzerland and support his wife.
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Old 21.10.2012, 10:00
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Sorry didn't want to get off topic but I was referring to the 2nd item in your list of the rules, not this case specifically.

Dan
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Old 21.10.2012, 10:51
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Re: G permit denied - EU spouse

Quote:
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although I am a highly specialized professional (PhD, MBA, 3 years of experience). The company is quite small.
Any thoughts or advices on that? I am so frustrated, any words would be appreciated...
These items indicate you are highly educated not highly skilled at all! 3 years work experience is not much more then a uni student, MBAs are everywhere so you need to focus on what your real skills are!
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Old 22.10.2012, 12:14
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Re: G permit denied - EU spouse

Sure there is more to that than just my degrees, I just didn't see a reason for going into details about my qualifications because they were maybe not so relevant for this thread.

Thank you for all the previous inputs... I hope I had a clearer vision about the regulations before I decided to apply for a job in Switzerland. To be quite honest I did that purely for geographical reasons, because there are not so many industries related to my area in the region where I live.

But right now I hold a permit that allows me to work anywhere in Europe with no problems. So I don't know yet if it is worth changing that for a permit that might not allow me to change jobs or give me troubles in finding an apartment and things like that (in case I get an L permit). So I have to consider all the factors; right now I have already a decent job in Germany.

Thanks once more for all the clarifications.
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Old 22.10.2012, 12:31
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Re: G permit denied - EU spouse

What kind of permit allows you to work anywhere in Europe?
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