Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 20.12.2007, 20:32
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Early change of short-term B to long-term B

Hey everybody,

I am a software Eng and I have got since June 07 a limited B work permit based on Art 14/4 BVO, by which it is not possible to change the job and is valid for 24 months .

Recently our company gained a big project. The project leader is really eager to put me in the project, but he is worried about the fact that the company won't be able to extend the work permit .

Starting next year, our HR is going negotiate with Arbeitsamt to change the type of work permit .

Now, I have following questions, i would be grateful for reply.

1- Is this change feasible if the company deal with the issue through a lawyer with sufficient documents?

2- How big are chances to get the new work permit after end of this period ? With the new permit, can I change my job ?
Reply With Quote
  #2  
Old 20.12.2007, 23:15
justdoit's Avatar
Member
 
Join Date: Nov 2007
Location: Altendorf
Posts: 231
Groaned at 3 Times in 3 Posts
Thanked 61 Times in 34 Posts
justdoit is considered knowledgeablejustdoit is considered knowledgeablejustdoit is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
Hey everybody,

I am a software Eng and I have got since June 07 a limited B work permit based on Art 14/4 BVO, by which it is not possible to change the job and is valid for 24 months .

Recently our company gained a big project. The project leader is really eager to put me in the project, but he is worried about the fact that the company won't be able to extend the work permit .

Starting next year, our HR is going negotiate with Arbeitsamt to change the type of work permit .

Now, I have following questions, i would be grateful for reply.

1- Is this change feasible if the company deal with the issue through a lawyer with sufficient documents?

2- How big are chances to get the new work permit after end of this period ? With the new permit, can I change my job ?
It is very difficult to get it done. Normally your chance is after 3 years of stay in Switzerland. But your project leader need not worry. The B permit is normally extended if you stay in the same company and you dont have a criminal record.

Sorry to disappoint but i would love to hear views contradicting mine since i am in the same position as you are but am looking to change jobs. The authorities told me that they will change to unrestricted B only after atleast 3 years stay in Switzerland.

As far as your company negotiating with authorities i doubt if it would be of much use. And your company would like you to be on restricted B since then you cannot leave them
Reply With Quote
  #3  
Old 20.12.2007, 23:21
justdoit's Avatar
Member
 
Join Date: Nov 2007
Location: Altendorf
Posts: 231
Groaned at 3 Times in 3 Posts
Thanked 61 Times in 34 Posts
justdoit is considered knowledgeablejustdoit is considered knowledgeablejustdoit is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Also look at the following threads

Non-EU Permits - a few bullet points.

New Foreign Nationals Act
Reply With Quote
  #4  
Old 21.12.2007, 01:16
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
It is very difficult to get it done. Normally your chance is after 3 years of stay in Switzerland. But your project leader need not worry. The B permit is normally extended if you stay in the same company and you dont have a criminal record.

Sorry to disappoint but i would love to hear views contradicting mine since i am in the same position as you are but am looking to change jobs. The authorities told me that they will change to unrestricted B only after atleast 3 years stay in Switzerland.

As far as your company negotiating with authorities i doubt if it would be of much use. And your company would like you to be on restricted B since then you cannot leave them
Hey,
Thanks indeed for the reply.
I have been reading different threads of this site. It seems that some people managed to get unlimited B after this initial two years. I am really confused . Is this 3 years a new law ? Or the type of our work permit is different ?
Reply With Quote
  #5  
Old 21.12.2007, 01:23
justdoit's Avatar
Member
 
Join Date: Nov 2007
Location: Altendorf
Posts: 231
Groaned at 3 Times in 3 Posts
Thanked 61 Times in 34 Posts
justdoit is considered knowledgeablejustdoit is considered knowledgeablejustdoit is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
Hey,
Thanks indeed for the reply.
I have been reading different threads of this site. It seems that some people managed to get unlimited B after this initial two years. I am really confused . Is this 3 years a new law ? Or the type of our work permit is different ?
I am not sure about the law but the person whom i talked to in the AWA department told me that it is difficult to get an unrestricted B before living in swiss for 3 years. From what i have read from the forums i see that most people have been given an extension of the restricted B permit after the initial 2 years for another 2 years.

hope this helps
Reply With Quote
  #6  
Old 21.12.2007, 07:56
Forum Legend
 
Join Date: May 2005
Location: Luzern currently
Posts: 2,565
Groaned at 3 Times in 3 Posts
Thanked 720 Times in 373 Posts
Richard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond reputeRichard has a reputation beyond repute
Re: Ealry change of short-term B to long-term B

Quote:
View Post
I am not sure about the law but the person whom i talked to in the AWA department told me that it is difficult to get an unrestricted B before living in swiss for 3 years. From what i have read from the forums i see that most people have been given an extension of the restricted B permit after the initial 2 years for another 2 years.

hope this helps
It is possible but it requires good justification. The only acceptable justification is change of contract to permanent and not project based. This then requires justification ie why was a permanent contract not issued in the first place, what has changed, is there not others in the market place that can do this job etc... As long as the contract is not permanent the permit will be renewed until 6 years have passed and then end or justify a long term residence permit.

Whenever you apply for a change of permit from short term to long term you effectively go through the process of a new application for a permit ie it is not an easy thing to get.

Note that with this type of short term B you are disadvantaged but that has been covered elsewhere...
Reply With Quote
  #7  
Old 21.12.2007, 10:59
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
It is possible but it requires good justification. The only acceptable justification is change of contract to permanent and not project based. This then requires justification ie why was a permanent contract not issued in the first place, what has changed, is there not others in the market place that can do this job etc... As long as the contract is not permanent the permit will be renewed until 6 years have passed and then end or justify a long term residence permit.

Whenever you apply for a change of permit from short term to long term you effectively go through the process of a new application for a permit ie it is not an easy thing to get.

Note that with this type of short term B you are disadvantaged but that has been covered elsewhere...

Hi Richard,
Thanks for the reply.
I had a permanent contract, when the company applied for work permit ,but I don't why I got just for two years work permit (Art 14/4 BVO befristet) . So do you think at the end of this period, the company can change the work permit to unlimited ? Or according to previous post, I should work at least for three years and the permit will be changed automatically to unlimited ?
Reply With Quote
  #8  
Old 21.12.2007, 11:03
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Hey,

Thanks again.
I just was wondering what did you mean exactly with living ? Having work permit or rather being in Switzerland ?
As before getting this permit, I was here student for one year with L permit; thus, at the end of the these two years, I have lived here for three years and I can get unlimited. Is this correct ?

Quote:
View Post
I am not sure about the law but the person whom i talked to in the AWA department told me that it is difficult to get an unrestricted B before living in swiss for 3 years. From what i have read from the forums i see that most people have been given an extension of the restricted B permit after the initial 2 years for another 2 years.

hope this helps
Reply With Quote
  #9  
Old 21.12.2007, 11:13
Forum Legend
 
Join Date: Jan 2007
Location: Geneva
Posts: 5,514
Groaned at 123 Times in 108 Posts
Thanked 3,297 Times in 1,737 Posts
Shorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond repute
Re: Ealry change of short-term B to long-term B

Quote:
View Post
Hi Richard,
Thanks for the reply.
I had a permanent contract, when the company applied for work permit ,but I don't why I got just for two years work permit (Art 14/4 BVO befristet) .
You got that because the company filed a project-related permit request. Project hirings can also be done with permanent contracts.

Quote:
So do you think at the end of this period, the company can change the work permit to unlimited ? Or according to previous post, I should work at least for three years and the permit will be changed automatically to unlimited ?
It can but it requires some work. And no it is not automatic and definitely not after three years...
[quote=Alirezakarimi;148834]Hey,

Quote:
As before getting this permit, I was here student for one year with L permit; thus, at the end of the these two years, I have lived here for three years and I can get unlimited. Is this correct ?
Years spent on a student permit do not count.
Reply With Quote
  #10  
Old 21.12.2007, 11:34
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
You got that because the company filed a project-related permit request. Project hirings can also be done with permanent contracts.
There was only one form (Einreiseformular) , Which I filled and I gave to company for further processing . I didn't find any anything related to project-related permit . Could you please explain a little more for me about this ?

Quote:
View Post
It can but it requires some work. And no it is not automatic and definitely not after three years...
OK . Good News . Is it difficult to change or just dull process of getting initial work permit ?

Hey man , thanks a lot . I really appreciate your help.
Reply With Quote
  #11  
Old 21.12.2007, 11:49
Forum Legend
 
Join Date: Jan 2007
Location: Geneva
Posts: 5,514
Groaned at 123 Times in 108 Posts
Thanked 3,297 Times in 1,737 Posts
Shorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond repute
Re: Ealry change of short-term B to long-term B

Quote:
View Post
There was only one form (Einreiseformular) , Which I filled and I gave to company for further processing . I didn't find any anything related to project-related permit . Could you please explain a little more for me about this ?
This is done in the application documents (justification letter, copy of contract etc) that the company submits to the authorities, not in the form that you fill.

Quote:
OK . Good News . Is it difficult to change or just dull process of getting initial work permit ?

Hey man , thanks a lot . I really appreciate your help.
Richard already explained above - there is quite some work involved.
Reply With Quote
  #12  
Old 24.12.2007, 20:17
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
This is done in the application documents (justification letter, copy of contract etc) that the company submits to the authorities, not in the form that you fill.

Richard already explained above - there is quite some work involved.
You were truly right .I got today the justification pages that my company sent to Arbeitsamt : my boss have mentioned there some reasons why I am eligible for project X.

Sorry, two question more :

1-Project X is over. I am doing now project Y. If the Arbeitsamt finds out about this, would it be a problem for company or me ?

2- If we could get an unlimited permit B, Can I leave the company without a release from the company or job change remains problematic? Since the company needs me a lot, but I don't want to be the company.
Reply With Quote
  #13  
Old 14.01.2008, 00:00
Member
 
Join Date: Dec 2007
Location: Zurich
Posts: 138
Groaned at 1 Time in 1 Post
Thanked 61 Times in 31 Posts
Alirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeableAlirezakarimi is considered knowledgeable
Re: Ealry change of short-term B to long-term B

Quote:
View Post
It is possible but it requires good justification. The only acceptable justification is change of contract to permanent and not project based. This then requires justification ie why was a permanent contract not issued in the first place, what has changed, is there not others in the market place that can do this job etc... As long as the contract is not permanent the permit will be renewed until 6 years have passed and then end or justify a long term residence permit.

Whenever you apply for a change of permit from short term to long term you effectively go through the process of a new application for a permit ie it is not an easy thing to get.

Note that with this type of short term B you are disadvantaged but that has been covered elsewhere...
Richard, Thanks a lot for your reply.
I was informed by the company that they called the responsible person in Arbeitsamt to change the permit to long-term permit. But the guy replied that it won't be possible at all at the moment. He mentioned that after my two years initial permit , I will get one year extension, provided that the company apply . And after that one year , the company should again apply for long-term . He mentioned that my chances are good. in other words, after three years of having permit with art 14/4 b , I will get unlimited B.

I am really confused .
1) Could this scenario happen ? Or the guy in arbeitsamt made some mistake ?

2) Are you 100% sure that at moment (8 months having limited workpermit ), I can change to unlimited ? do you suggest getting a lawyer?

I am afraid that my permit will be extended again two years more until six years and after that Bye Bye...


I really appreciate you help
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Short term work permit helloswiss Permits/visas/government 18 29.04.2013 19:45
Short Term Rentals Nanda Other/general 2 30.07.2010 05:51
Short term work permit FabioVid Permits/visas/government 2 01.05.2007 17:23


All times are GMT +2. The time now is 14:30.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0