Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Reply
 
Thread Tools Display Modes
  #1  
Old 07.07.2013, 23:51
Newbie
 
Join Date: Jul 2013
Location: Ireland
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
lesneludki has no particular reputation at present
Work permit for a non-EU spouse of an EU L-permit holder

Hey, I am an EU citizen and my wife holds a non-EU passport.

Recently I have been offered a contracting position in Zurich that is pretty well paid (at least for my standards and we are considering the move to CH.

Because of the short-term nature of the contract (even though it might get extended) I will be issued an L-permit.
I wonder how hard/easy would it be for my wife to get a work permit as well?
I know that she can be issued a residence permit without much problem, but what about work authorization?
Does anyone have first-hand experience with similar situation?

Thanks!
Reply With Quote
  #2  
Old 07.07.2013, 23:54
swisspea's Avatar
Forum Legend
 
Join Date: May 2008
Location: From one side of lake Zurich to the other...
Posts: 5,602
Groaned at 33 Times in 22 Posts
Thanked 5,199 Times in 2,491 Posts
swisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

If you (EU) are the primary permit holder, then there should be no problem with your wife getting work permission.

You can double check with the swiss consulate general in your home country (EU), but my experience is that it's not a problem.

The work permission will be granted when she finds an employer, the employer can easily check her permit status with the work authority ('Arbeits Amt') themselves.

In theory, however, she needs permission to enter, which is tied to your permit. I would suggest you talk to the swiss consulate general in your current location and home country (EU) and check what the procedure is.
Reply With Quote
  #3  
Old 13.03.2016, 16:20
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Hi everyone, just wanting to elaborate on this question...

My husband (EU) is considering taking a contract position in Zürich. I am non EU and currently close to offers for permanent roles with a couple of companies in Zürich but would be relying on reunification status for my permit.

Question 1) If he takes a contract and gets an l-permit can I still accept a permanent role and just make sure we keep getting his l-permit renewed so that I am never left without a permit, or is there some rule that would only allow me to accept offers of employment that don't go beyond the expiry date of my current visa. To put it more simply: if our l-permit was issued for 6 months, would I only be allowed to accept roles that were temporary as well or could I take an open-ended position?

Question 2 If we are both on l-permits when the new immigration restrictions for eu citizens kick in, will we be able to a) renew the l-permti again or b) still get a b permit if he took on a permanent role? Or should we really be aiming to get a b permit this year before the restrictions kick in, since we do hope to settle in Zürich longer term?

Thanks in advance - this forum is amazing.
Reply With Quote
  #4  
Old 13.03.2016, 18:51
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

You're allowed to work however you like.

https://www.sem.admin.ch/content/dam/data/sem/eu/fza/personenfreizuegigkeit/factsheets/fs-familiennachzug-e.pdf

Obviously if your husband loses his permit then you may need to try for an independent one which would come under the non-EU hiring rules I think.

Any limits on EU nationals working here will not affect those already here. It'll only be those new applications that will be subject to quotas. If hubby can find a permanent position then obviously it would be better than being on a short term contract.
Reply With Quote
  #5  
Old 13.03.2016, 21:37
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Right so if I understand what you are saying correctly anyone who's already in the country and working is going to be able to renew, extend or convert into a b permit even after the new regulations apply?

Or...will anyone whose l-permit is limited to 6 months be only able to stay for those 6 months but not extend or renew once new regulations came into place?

Thanks for the clarification
Reply With Quote
  #6  
Old 13.03.2016, 21:43
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

As far as we know permits of any type will be renewable providing you're still employed.
Reply With Quote
  #7  
Old 13.03.2016, 21:47
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Ok great - that's good to know. Thank you
Reply With Quote
  #8  
Old 17.03.2016, 18:48
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

I am in the final stages of sealing the deal for a job I really want at one of the banks but I just spoke to HR and she seemed really concerned that because my husband may be only getting an l-permit for the time being, I won't be allowed to take the role (which is unbefristet / unlimited), since the permit would not be unbefristet.

Is there a link anywhere that I can send her to, where it specifically states I can work in whichever capacity? She is checking on her end but I'm worried she will get the wrong answer and cancel my final interview Advice appreciated.
Reply With Quote
  #9  
Old 17.03.2016, 19:03
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

Quote:
View Post
I am in the final stages of sealing the deal for a job I really want at one of the banks but I just spoke to HR and she seemed really concerned that because my husband may be only getting an l-permit for the time being, I won't be allowed to take the role (which is unbefristet / unlimited), since the permit would not be unbefristet.

Is there a link anywhere that I can send her to, where it specifically states I can work in whichever capacity? She is checking on her end but I'm worried she will get the wrong answer and cancel my final interview Advice appreciated.
If she wants to employ you and you have an L permit she'll have to put her case to the Swiss authorities to get permission. If you get a B dependent's then you'll be okay, but there's no way to know which you'll get until the Swiss authorities tell you what it is. The Foreign Nationals Act is quite clear:

"Members of the family of a short stay permit holder (art. 26 OASA) do not have a right to gainful employment.The gainful activity is subject to authorization.

On admission, a request by the employer respecting the pay and conditions of employment customary in the locality and in the branch must be made. In addition, members of the family of a short stay permit holder (art. 26OASA) must have professional qualifications (personal qualifications, Art. 23 AuG).

The possibility of gainful employment for family members is related, according to art. OASA 26 and 27, to the duration of the authorization of the person granted family reunification. If the residence permit of the spouse is not renewed, the members of his family cannot claim a right to pursue their gainful employment(art.6, para. 2, OASA).

By constrast, members of the family of a holder of a residence permit does not have a right to gainful employment. However, given the general objectives of the Foreign Nationals Act (better integration of the foreign population), the legislature decided not to submit gainful employment authorization."

https://www.bfm.admin.ch/content/dam...ngen-aug-f.pdf
Section4.4.1
Reply With Quote
  #10  
Old 17.03.2016, 19:05
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Quote:
View Post
Hi everyone, just wanting to elaborate on this question...

My husband (EU) is considering taking a contract position in Zürich. I am non EU and currently close to offers for permanent roles with a couple of companies in Zürich but would be relying on reunification status for my permit.

Question 1) If he takes a contract and gets an l-permit can I still accept a permanent role and just make sure we keep getting his l-permit renewed so that I am never left without a permit, or is there some rule that would only allow me to accept offers of employment that don't go beyond the expiry date of my current visa. To put it more simply: if our l-permit was issued for 6 months, would I only be allowed to accept roles that were temporary as well or could I take an open-ended position?


Wait, now I'm confused, I thought you responded to me the other day saying that I can work however I want....
Reply With Quote
  #11  
Old 17.03.2016, 19:20
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

Oops, sorry! I was thinking you were both non-EU. This is what you want:

"Are family members allowed to work in Switzerland?

Spouses and children of EU-27/EFTA nationals who are admitted to Switzerland under family reunification are legally entitled to work regardless of their nationality. However, they have to inform the appropriate cantonal migration authorities before doing so. Spouses and children of EU2 nationals who have a short-term (L) permit are subject to systematic controls by the cantonal migration authorities to ensure wage and working conditions are correspond to the particular region and sector."

https://www.sem.admin.ch/sem/en/home...hweiz/faq.html

Also a factsheet here which confirms:

https://www.sem.admin.ch/content/dam...nnachzug-e.pdf

To inform the authorities you just need to take your employment contract to the migration office which activates the work part of your residence permit, be it an L or B.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #12  
Old 17.03.2016, 19:21
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Oh did we get our wires cross because I forgot to mention in today's post that he is an EU citizen?

The way I understood it from your answer the other day is: If he's an EU citizen I can take any job whether temporary or permanent as long as he gets his permit renewed on time when he extends the contract or takes on a new role.

The HR lady seems concerned that I can only take temporary roles - which if I've understood you correctly above, seems to be incorrect. So assuming I am allowed to take permanent roles, is there anywhere I can direct her in case she doesn't end up with the right answer?
Reply With Quote
  #13  
Old 17.03.2016, 19:25
Forum Veteran
 
Join Date: Dec 2012
Location: Aargau
Posts: 1,892
Groaned at 12 Times in 11 Posts
Thanked 2,288 Times in 1,090 Posts
Mullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

Quote:
View Post
Wait, now I'm confused, I thought you responded to me the other day saying that I can work however I want....
As a non-EU citizen you are eligible to receive an EU residence permit for the same duration as your EU-spouse. However, since your permit is derived from your spouse's permit, it would also end at the same time. If your spouse's job ends at six months, his permit would also end, and with it your permit would also expire.
Reply With Quote
  #14  
Old 17.03.2016, 19:28
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

Quote:
View Post
Oh did we get our wires cross because I forgot to mention in today's post that he is an EU citizen?

The way I understood it from your answer the other day is: If he's an EU citizen I can take any job whether temporary or permanent as long as he gets his permit renewed on time when he extends the contract or takes on a new role.

The HR lady seems concerned that I can only take temporary roles - which if I've understood you correctly above, seems to be incorrect. So assuming I am allowed to take permanent roles, is there anywhere I can direct her in case she doesn't end up with the right answer?
Whether the job is temporary or permanent doesn't matter. You can be employed in either capacity so long as your husband is also employed here.

She should either contact the cantonal migration office or SEM direct.

Information can be provided by telephone for the following:
  • Visas (no return visa),
  • Labour market (general questions) and
  • Entry (of persons).
For other matters, please send your questions in writing (also by regular post) to the corresponding authority.

Address
State Secretariat for Migration
Quellenweg 6
CH-3003 Bern-Wabern


Office hours for phone inquiries
Monday through Friday from 9 till 11 a.m. and from 2 till 4 p.m.
Reception:
T +41 58 465 11 11
Fax +41 58 465 93 79
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #15  
Old 17.03.2016, 19:30
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Thank you....but I understood it that I can sign a permanent contract nonetheless, and start working in a permanent job given that my husband is more than likely to extend or renew his l-permit.

I know if he did not get extended that I would not be able to keep working but the important part (for me at the moment) is whether I am allowed to sign a contract that is permanent or whether I would be limited to signing temporary contracts until such time as my husband was on a B permit.


EDIT: Thanks Medea that answers things clearly. You have given me the peace of mind I need and I will make sure to ask her to call the Migrationsamt if there are any further issues. On a brighter note, I am really excited about the move
Reply With Quote
  #16  
Old 17.03.2016, 19:34
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

Quote:
View Post
Thank you....but I understood it that I can sign a permanent contract nonetheless, and start working in a permanent job given that my husband is more than likely to extend or renew his l-permit.

I know if he did not get extended that I would not be able to keep working but the important part (for me at the moment) is whether I am allowed to sign a contract that is permanent or whether I would be limited to signing temporary contracts until such time as my husband was on a B permit.
Yes, you can. Obviously if it doesn't get extended then you'd have to leave, but so long as she is prepared to hire you you're fine.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #17  
Old 17.03.2016, 19:41
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Forum Legend is clearly an understatement. Thank you.
Reply With Quote
  #18  
Old 18.03.2016, 19:15
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Just spotted this answer on an FAQ and wanted to get your view on it without starting a whole new thread.

Do family members of EU-25/EFTA nationals require a work permit?

No, family members of EU-25/EFTA nationals do not require a work permit.

http://www.awa.zh.ch/internet/volksw...25-efta-states

From things I read on other threads - non-EU family members (of EU citizens) have to wait 3/4 weeks for their l-permits before starting work....but above they say non EU family members do not need a work permit. How should I interpret this? Does this mean, in reality I could start work even before my l-permit arrived because I theoretically do not require a work permit...?
Reply With Quote
  #19  
Old 18.03.2016, 20:39
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 17,817
Groaned at 299 Times in 231 Posts
Thanked 13,127 Times in 7,523 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Work permit for a non-EU spouse of an EU L-permit holder

Quote:
View Post
Just spotted this answer on an FAQ and wanted to get your view on it without starting a whole new thread.

Do family members of EU-25/EFTA nationals require a work permit?

No, family members of EU-25/EFTA nationals do not require a work permit.

http://www.awa.zh.ch/internet/volksw...25-efta-states

From things I read on other threads - non-EU family members (of EU citizens) have to wait 3/4 weeks for their l-permits before starting work....but above they say non EU family members do not need a work permit. How should I interpret this? Does this mean, in reality I could start work even before my l-permit arrived because I theoretically do not require a work permit...?
You interpret it as - if you both have employment contracts lined up when you arrive then you show them to the migration office when applying for your permits. This will ensure that yours will have the work part added right at the beginning.

If you didn't have a contract lined up then when you did find a job you would take the employment contract to the migration office and they'd add the work part then. It's a matter of paperwork at their end more than anything.

So long as you register before starting work everything will be fine. You both have employment contracts so there shouldn't be any problems.

From an earlier post:

"Spouses and children of EU-27/EFTA nationals who are admitted to Switzerland under family reunification are legally entitled to work regardless of their nationality. However, they have to inform the appropriate cantonal migration authorities before doing so."

That is what you're doing when you take your employment contract to the office, informing them that you're now employed.

It will take a few weeks for your permits to arrive, but so long as you've registered then you're okay to work before you get them.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #20  
Old 18.03.2016, 20:46
Junior Member
 
Join Date: May 2013
Location: Zurich
Posts: 41
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ohboy has made some interesting contributions
Re: Work permit for a non-EU spouse of an EU L-permit holder

Ok, excellent. I suspected this was the case - thank you for clarifying. Fingers crossed that all goes smoothly with HR.
Reply With Quote
Reply

Tags
l-permit, non-eu spouse, work permit




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
Visa/Permit for spouse (Non EU) for a Non EU 'C' permit holder buglii Permits/visas/government 1 24.06.2013 06:06
Non-EU spouse of EU permit holder tuichick Permits/visas/government 7 31.10.2012 00:50
Non-EU spouse of an EU citizen + C permit holder tuteca Permits/visas/government 48 05.09.2011 19:04
Work Authorization for spouse of EU L-permit holder? Jesse923 Permits/visas/government 4 03.09.2011 09:38


All times are GMT +2. The time now is 09:16.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0