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Old 09.04.2014, 14:23
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L-Permit issue - UK national

Hi there, I am hoping some one can help me please. I recently moved cantons from Basel Stadt and applied for a new work permit. My BS L-permit would have expired in a week, from the date I cancelled it, and before moving to the new canton. I had been in BS since the middle of August 2013.

The new canton have given me another L-permit even though I am on an indefinite contract as they argue that the "clock starts again" from zero, with the move. I had been hoping for a B-permit.

I am pretty frustrated as this doesn't seem consistent with the information on the CH official websites (ie it refers to Switzerland and not cantons). It is also feels pretty iniquitous, as I will be paying for social security and not receiving any benefit - I don't know if this extends to pension benefits as well, I am guessing it does.

I have a couple of questions which I would really appreciate help with:

1. Is the new canton interrupting European law for their own purposes?

2. What can I do about it? Would writing to my Embassy, at any stage, help or would whistling in the wind be more successful?!

Thanks for your help

Rachel

PS I have looked for a previous relevant and similar question, without success.
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  #2  
Old 09.04.2014, 14:29
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Re: L-Permit issue - UK national

What social security benefit are you not getting by being on an L permit?
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Old 09.04.2014, 14:41
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Re: L-Permit issue - UK national

If you are an EU national, with a permeant contract, you should get a B permit. The only reason you would get an L is if the quotas are full. Have you asked why you have been given an L?
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Old 15.04.2014, 22:50
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Re: L-Permit issue - UK national

I'm a Canadian (UK passport) and I've been in Switzerland since August 2013. I'm facing a similar issue- I was issued a Permis L without any explanation although I fulfill all the conditions for a Permis B (indeterminate contract, EU-17 passport). The cantonal immigration authority took from August until February to provide me a Permis (while I was working) and it expires on August 17th of this year. (The reason it took so long was because my employer failed to provide the documentation required in a timely manner)

I'm not quite sure I understand the quota system; with each new release (June 1st?) are permit quotas re-allocated and re-opened for requests? And should a request for a Permis B be submitted on the day the quota reallocation starts or prior to it?

Any help would be much appreciated!
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Old 16.04.2014, 04:46
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Re: L-Permit issue - UK national

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1. Is the new canton interrupting European law for their own purposes?

2. What can I do about it? Would writing to my Embassy, at any stage, help or would whistling in the wind be more successful?!
European law in Switzerland? They are a country who decide for themselves, not Brussels

How would the embassy help?

But...

It's a shame for you, I had a collegue, back in the day, from the UK who was issued a L permit, whilist the rest where issued a 5 year B. After many discussions, we decided that our HR department were not really sure of her hence the L instead of the B.

My advice, if you have a permanant contract ask your HR for advice, they might be able to help.
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Old 16.04.2014, 05:54
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Re: L-Permit issue - UK national

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I'm a Canadian (UK passport) and I've been in Switzerland since August 2013. I'm facing a similar issue- I was issued a Permis L without any explanation although I fulfill all the conditions for a Permis B (indeterminate contract, EU-17 passport). The cantonal immigration authority took from August until February to provide me a Permis (while I was working) and it expires on August 17th of this year. (The reason it took so long was because my employer failed to provide the documentation required in a timely manner)

I'm not quite sure I understand the quota system; with each new release (June 1st?) are permit quotas re-allocated and re-opened for requests? And should a request for a Permis B be submitted on the day the quota reallocation starts or prior to it?

Any help would be much appreciated!
It seems they started to treat everybody in the EU the same way. Frankly, this is happening to people from EU-2 for years and nobody complained.

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It's a shame for you, I had a collegue, back in the day, from the UK who was issued a L permit, whilist the rest where issued a 5 year B. After many discussions, we decided that our HR department were not really sure of her hence the L instead of the B.
.
...and why is that a "shame"? It's normal practice for others.

Anyways, you cannot be issued an L permit more than 2-3 years so finally everyone will get their B. It will just take a little longer. No big deal. Yes it can be annoying but what can you do.
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Old 16.04.2014, 09:15
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Re: L-Permit issue - UK national

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Anyways, you cannot be issued an L permit more than 2-3 years so finally everyone will get their B. It will just take a little longer. No big deal. Yes it can be annoying but what can you do.
Well it could be a big deal if it delays a person from getting a C permit....
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Old 16.04.2014, 09:20
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Re: L-Permit issue - UK national

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Well it could be a big deal if it delays a person from getting a C permit....
I have a feeling they'll be soon issuing C permits only after 10 years to all of us - EU or non-EU alike.
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Old 16.04.2014, 16:53
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Re: L-Permit issue - UK national

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It seems they started to treat everybody in the EU the same way. Frankly, this is happening to people from EU-2 for years and nobody complained.



...and why is that a "shame"? It's normal practice for others.

Anyways, you cannot be issued an L permit more than 2-3 years so finally everyone will get their B. It will just take a little longer. No big deal. Yes it can be annoying but what can you do.
I'm a UK citizen here for over four years and currently on my ninth L permit. If you keep getting six month contracts then you will keep getting six month L permits, there is no two to three year limit.

There may be a five year limit in that eligibility for a C permit should theoretically kick in but I'm not getting my hopes up.
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Old 16.04.2014, 17:30
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Re: L-Permit issue - UK national

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...and why is that a "shame"? It's normal practice for others.
It is a shame for her, wether it's fair or not a UK citizen with a indefinate contract CAN be issused a 5 year B the minute they start working in Switzerland. Like I said before, personally I think it depends alot with the HR departement.

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I'm a UK citizen here for over four years and currently on my ninth L permit. If you keep getting six month contracts then you will keep getting six month L permits, there is no two to three year limit.

There may be a five year limit in that eligibility for a C permit should theoretically kick in but I'm not getting my hopes up.
If you only have 6 month contracts, it's possible you stay with a L permit even after 5 years.
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Old 22.04.2014, 19:57
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Re: L-Permit issue - UK national

Thanks everyone for the replies. It's frustrating and I will see if I can get anywhere with the canton. If I do (highly unlikely I know) then I'll let you know.....
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Old 22.04.2014, 19:59
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Re: L-Permit issue - UK national

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I'm a UK citizen here for over four years and currently on my ninth L permit.
What? But not on a permanent contract, right? Technically, there is a limit on L permits, 18 months officially, 24 at the absolute maximum in exceptional cases. If you are in and out of Switzerland constantly and always on temporary contracts, then it makes sense you'll only ever get an L, but if it's a permanent contract and you don't leave Switzerland every year/year- and half, you're being screwed over.

OP - only explanation I have is this: https://www.bfm.admin.ch/content/bfm...013-04-24.html Only applies to B, not L - which is a joke as the direct consequence (obviously) was and is that companies just apply for an L instead of an B and are thus on the safe side for up to two years.

You can't do anything right now. You also have no immediate disadvantages of an L as opposed to a B. Long-term yes, but not immediately, and due to ongoing discussions in Switzerland as to how to deal with immigration in the future, there'll likely be quite a few changes anyway…
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