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Old 19.11.2012, 15:06
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Have I stayed too long?

Hi,

I just received from the human resource department that they can only extend my contract for another 9 months instead of 3 years as we agreed. The reason they gave me is that the immigration office in Bern refuse to extend my B permit for more than 9 months and that I have to leave Switzerland after that. Their reason is that I've stayed here for more than 8 years already and that is too long.

A bit of background. I move here to start my PhD. I've since completed my PhD and started working 4 years ago. I'm from Malaysia so I'm non-EU. I don't have any criminal record or committed any crime while in Switzerland. I've never depend on social welfare and been a law abiding and tax paying resident.

I really don't see why they need to kick me out.

I'll go directly to the immigration office tomorrow to try to get a proper explanation. In the mean time, I'm happy if someone can share their thoughts.
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Old 19.11.2012, 15:31
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Re: Have I stayed too long?

Are you on a contract tied to a university ?
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Old 19.11.2012, 15:37
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Re: Have I stayed too long?

Yes in a way. I'm with Inselspital, which is technically a university hospital.
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Old 19.11.2012, 16:37
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Re: Have I stayed too long?

Sounds as if it may be something to do with your permit status when you first arrived. Were you on a B permit then? If you were here just to study initially it may be that you should have left the country once your completed your PhD, then reapplied for a job here once you were back in Malaysia.

Also rules on non-EU people having permits to work in Switzerland have been tightened up in the last few years. Is your work very specialised? If not, your employers possibly should be employing a Swiss or EU person instead and the authorities have pointed this out.
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Old 19.11.2012, 16:52
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Re: Have I stayed too long?

Quote:
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Sounds as if it may be something to do with your permit status when you first arrived. Were you on a B permit then? If you were here just to study initially it may be that you should have left the country once your completed your PhD, then reapplied for a job here once you were back in Malaysia.

Also rules on non-EU people having permits to work in Switzerland have been tightened up in the last few years. Is your work very specialised? If not, your employers possibly should be employing a Swiss or EU person instead and the authorities have pointed this out.
I thought I read at some point that students graduated from Swiss Universities are given 6 months residence permit to allow them to find jobs in Switzerland. That was done to reverse brain drain, and it is beneficial for Switzerland as a whole to keep highly qualified people.

I was lucky that I did not need that 6 months to find a job. I got one even before I finished my PhD.

My work is very specialised. There maybe candidates that could do my job from Switzerland and EU but it would take huge incentive to attract them here as they are mostly already established in their respected institutes.
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Old 19.11.2012, 16:54
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Re: Have I stayed too long?

I find your situation a bit weird, I donot understand why your B permit would not be renewed if the company (or uni) you work for is sponsoring it. It makes me wonder also if the same thing could happen to me?
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Old 19.11.2012, 17:07
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Re: Have I stayed too long?

There are quotas for non-EU permits. I assume a renewal goes through the same quota.
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Old 19.11.2012, 19:05
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Re: Have I stayed too long?

I am guessing here (and could very much be wrong) but given the timing of this decision, I suspect you might have been given a B permit corresponding to a postdoctorate contract for your work (particularly as you are at a university-affiliated workplace). These are easier to get than a "normal" B permit as they don't count towards the canton's B permit quota, but your stay on this type of permit is time limited to eight years including the time of your PhD:

Quote:
4.4.6.4 Postdoktoranden und Postdoktorandinnen
Postdoktorandinnen und -doktoranden können gestützt auf Art. 40 VZAE zugelassen werden, wenn sie über einen schweizerischen oder ausländischen Doktortitel verfügen und ihre Ausbildung in Forschungsprojekten fortsetzen, die im
Zusammenhang mit ihren Studien und ihren bisherigen Arbeiten stehen. Diese
Tätigkeit kann von einem Unterrichtspensum begleitet sein (Assistenz).
Die Höchstdauer für diesen Status beträgt maximal 8 Jahre (inkl. eines allfällig
vorangegangenen Aufenthaltes als Doktorandin oder Doktorand) ab Zeitpunkt
des Doktorats (Art. 23 Abs. 3 VZAE)
. Der Aufenthalt als Postdoktorandin oder
Postdoktorand darf nicht später als 2 Jahre nach Abschluss der Dissertation
beginnen; die maximale Aufenthaltszeit verkürzt sich in diesem Fall auf 4 Jahre.
Es soll verhindert werden, dass Personen durch das Aneinanderreihen von je
einem Aufenthalt als Doktorandin oder Doktorand und anschliessend als Postdoktorandin oder Postdoktorand einen übermässig langen Aufenthalt ohne Anrechnung an die Höchstzahl erwirken.
Ausnahmen sind möglich, wenn sie einer zielgerichteten Aus- oder Weiterbildung dienen (Art. 23 Abs. 3 VZAE).
Source: http://www.bfm.admin.ch/content/dam/...t-erwerb-d.pdf

If so, your employer would need to apply for a "normal" B permit for you (I imagine a C permit is also out of the question as time as a PhD student does not count towards), and that may be difficult as they will have to demonstrate to the BfM that there is no CH/EU candidate capable of filling that role.

Anyway, if your B permit states "Ausbildung mit Erwerbstätigkeit" as your reason for stay, I suspect this is what has happened.
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  #9  
Old 19.11.2012, 19:57
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Re: Have I stayed too long?

Thank you quark. I think your analysis makes lots of sense. Oh well, I guess I'll just have to point out this information to my boss and see if he would do something about it. Otherwise, I guess it's time to find another job not in Switzerland.
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