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Old 21.04.2014, 02:28
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Question about new quota rules

Hello everyone

I have been reading this forum for some time as it is a valuable source of information and has most certainly influenced my decisions on where to move to in Switzerland from the UK (IT professional, not worked in Switzerland before, UK Visa).

I have started the employment application process but I have a question regarding the quotas. I understand they are given out on a quarterly basis and the UK has around 15000 for the year. So my question is this:

If i was to be offered a contract, the company I assume would apply for the visa for me, what happens if the quota is used up? I would assume they would reapply in when the next quota pool becomes available. Does this mean I cannot work for them until they secure the visa on the next round? And what if they miss that one?

I am asking because if I accepted a contract, would this mean I cannot give notice to my current employers until the offer has been accepted and a visa secured? I have always known it to be when you have accepted and signed the contract, and the new company has received it, this is when you can consider the job yours, but does this quota on visas change that?

Thank you all for your time
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  #2  
Old 21.04.2014, 02:48
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Re: Question about new quota rules

Before your questions can be answered: are you a UK citizen? I ask because you only say you have a "UK visa". If non-UK, what's your nationality?

Generally - once a quota is used up and you can't get a permit, you can't work. It doesn't matter whether you have a contract or not - every contract is subject to the approval of a work permit and should a permit be declined, the contract is void (and do not let any employer tell you otherwise!).

For further info - see above, need clarification on nationality.
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Old 21.04.2014, 04:04
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Re: Question about new quota rules

The information in your post needs clarifying:

1) Are you a) a 'British Citizen' by virtue of the British Nationality Act 1981, i.e. do you have a United Kingdom passport specifying your nationality as 'British Citizen'? Or are you b) a non British Citizen legally living in the UK with a visa?

If a) You would be issued either a B or an L permit. B permits (Fr: Autorisation de séjour) are issued within the set quotas. If the relevant quota is already filled you will be issued an L permit (Fr: Autorisation de courte durée). The only real difference between the two is the duration of their validity. A B permit issued to a citizen of the EU, Norway, or Iceland is valid for 5 years; An L permit is valid for a shorter period (3 months to a year). Thus, you can be confident that you will be given permission to work in Switzerland

If b) , i.e. a citizen of a country who does not benefit from the freedom of movement, your employer could only employ you if you're a 'specialist'. The proceedure is more complicated than for EU, Norwegian, and Icelandic citizens.

NB. British citizens do not need a visa to enter Switzerland.
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Old 21.04.2014, 08:17
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Re: Question about new quota rules

Do the quotas for EU permits not end at the end of April? They were in place for a year from May 1st 2013, and there has been no talk of that being extended.
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Old 22.04.2014, 04:13
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Re: Question about new quota rules

Hi guys

Thank you for your replies

To answer the first question yes I am a British Citizen, born in the UK and I hold no other passport or have any relatives within any other parts of Europe

I just rechecked and the listing on the Swiss EDA.ch website is for B permits and I don't see any listings for L permits, so does this mean there is no quota for L permit types, and therefore no waiting as with the B permits? If I am offered the position should there not be any reason why I would be declined a permit (providing all checks are ok, paperwork in order and references obtained)?

For Island Monkey
For EU-17 nationals the quota for residence permit (type B permit) is 13 428. Contingents will be released every three months on the following dates: 1 June 2013, 1 September 2013, 1 December 2013 and 1 March 2014
I too cannot find any information as to whether the quote is still in force for 2014

I seem to have found that countries that impose a quota on visas mean that their companies are subject to an LMO of sorts whereas they must justify that they have not found a national to fill the position. I know this applies to people from outside the EU moving to Switzerland, but in anyone's experience does this apply to EU members moving to Switzerland, as countries like Germany that do not have the same Visa rules allow you to stay after 90 days providing you can be self sufficient, whereas Switzerland will only extend your visitors Visa for a maximum of 12 months following two extensions

Guys, again, thanks for your replies. Nothing can beat recent true life experiences no matter how much documentation you read through
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Old 22.04.2014, 06:08
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Re: Question about new quota rules

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Hi guys

Thank you for your replies

To answer the first question yes I am a British Citizen, born in the UK and I hold no other passport or have any relatives within any other parts of Europe

I just rechecked and the listing on the Swiss EDA.ch website is for B permits and I don't see any listings for L permits, so does this mean there is no quota for L permit types, and therefore no waiting as with the B permits? If I am offered the position should there not be any reason why I would be declined a permit (providing all checks are ok, paperwork in order and references obtained)?

For Island Monkey
For EU-17 nationals the quota for residence permit (type B permit) is 13 428. Contingents will be released every three months on the following dates: 1 June 2013, 1 September 2013, 1 December 2013 and 1 March 2014
I too cannot find any information as to whether the quote is still in force for 2014

I seem to have found that countries that impose a quota on visas mean that their companies are subject to an LMO of sorts whereas they must justify that they have not found a national to fill the position. I know this applies to people from outside the EU moving to Switzerland, but in anyone's experience does this apply to EU members moving to Switzerland, as countries like Germany that do not have the same Visa rules allow you to stay after 90 days providing you can be self sufficient, whereas Switzerland will only extend your visitors Visa for a maximum of 12 months following two extensions

Guys, again, thanks for your replies. Nothing can beat recent true life experiences no matter how much documentation you read through
Hi, since you're a British citizen, I would advise you to wholly ignore any reference to visas; British citizens do not need and cannot be issued a visa for Switzerland. Do not confuse visas with permits --> visa ≠ permit.
On a side note, British (or other non EU-2 EU-citizens) merely need to register themselves in Germany within 3 months, as any German citizen would.
With regards to Switzerland, if the B quota has been filled, you'll be issued with an L permit. There are no quotas for L permits because British citizens are entitled to them, provided they're employed.
With regards to the L permit, the Federal Government's website says:
Quote:
EU-25/EFTA nationals are entitled to this permit provided they are in possession of an employment contract valid from three up to twelve months.
source: https://www.bfm.admin.ch/content/bfm...l_eu_efta.html

With regards to whether the quotas still exist, the French version of the official website has some information not translated into English:
Quote:
Le Conseil fédéral a décidé de faire valoir la clause de sauvegarde qui est prévue dans l'accord sur la libre circulation des personnes. A partir du 1er mai 2013, le contingentement des autorisations de séjour B (autorisations d’une durée de cinq ans) délivrées aux ressortissants des Etats de l'UE-8 sera maintenu et la mesure sera aussi étendue dès le 1er juin 2013 aux autorisations de séjour B délivrées aux travailleurs en provenance de l’UE-17. Le contingentement sera valable une année.
Translation: The Federal Council has decided to activate the protection clause provided for in the freedom of movement treaty. From the 1st of May 2013, the quota for B permits (valid for 5 years) issued to EU-8 nationals will be maintained. From the 1st of June, the quota will also apply to EU-17 nationals. The quota will be valid for one year.

source: https://www.bfm.admin.ch/content/bfm...z-eu-efta.html (Middle of the page; 2nd white text box)

This means that the quotas are due to expire on the 1st of May 2014.
Hope this helps

Last edited by chomp; 22.04.2014 at 06:19.
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  #7  
Old 22.04.2014, 07:42
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Re: Question about new quota rules

https://www.bfm.admin.ch//bfm/en/hom...u-17_efta.html
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Old 22.04.2014, 08:14
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Re: Question about new quota rules

So, no quotas as of the end of this month!!
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Old 22.04.2014, 08:24
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Re: Question about new quota rules

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So, no quotas as of the end of this month!!
Are you looking at the Admin link and saying this?

Have you checked what year it is?

Anyway, the short version as summarised above is you come, you can stay, you can come with no job too but then your support system may be limited. If you're offered a job, there is nothing to stop you coming and filling the position....it's a formality.
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Old 23.04.2014, 03:18
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Re: Question about new quota rules

Hi guys

Thank you all so much for your replies it has helped clear things up a bit. Sometimes you can do too much reading and end up confusing yourself.

Chomp, thank you for confirming as en EU citizen I would be entitled to an L permit, as I was still under the assumption that it would be more of a stringent application process than a formality due to these quota rules. A lot of reading I have done seems to point to companies being instructed to look towards Swiss Nationals first, which is fair and perfectly fine, and if they hire any from the EU they would need to show they could not find a Swiss National to fill the position. Can anyone comment as to whether this is the case? With the UK, France, Netherlands and Germany for example, they would need to show they couldn't fill the position with an EU national rather that their country specific national.

As a side note, my partner (not married, not common law yet, British Citizen also) is able to work from home for a UK company with headquarters in London. She has been working for them for over 3 years at management level. It would not be a move as they would not care where she is based as long as she can work UK hours and travel in for a day once every week or two, and she would still retain her UK bank account. How would this work for her? Is an L permit applied for exclusively by the company or could she apply for one herself and can she apply for a B permit on the basis of her employment length or is this more dependant on her time in Switzerland?

Again guys, thank you all for your replies and the time you have all taken
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Old 23.04.2014, 08:29
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Re: Question about new quota rules

You are overthinking this. If you are EU and you have a work contract, then you will get a residence permit, be it B or L. Most likely b as quotas expire very soon.

Your partner will be more tricky. As EU they are entitled to be here if they can prove they can support themself. But with no Swiss contract & not married to you, it can be a bit of a nightmare. They will have to pay Swiss tax & health insurance if they do get a permit
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Old 23.04.2014, 08:30
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Re: Question about new quota rules

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Hi guys

Thank you all so much for your replies it has helped clear things up a bit. Sometimes you can do too much reading and end up confusing yourself.

Chomp, thank you for confirming as en EU citizen I would be entitled to an L permit, as I was still under the assumption that it would be more of a stringent application process than a formality due to these quota rules. A lot of reading I have done seems to point to companies being instructed to look towards Swiss Nationals first, which is fair and perfectly fine, and if they hire any from the EU they would need to show they could not find a Swiss National to fill the position. Can anyone comment as to whether this is the case? With the UK, France, Netherlands and Germany for example, they would need to show they couldn't fill the position with an EU national rather that their country specific national.

As a side note, my partner (not married, not common law yet, British Citizen also) is able to work from home for a UK company with headquarters in London. She has been working for them for over 3 years at management level. It would not be a move as they would not care where she is based as long as she can work UK hours and travel in for a day once every week or two, and she would still retain her UK bank account. How would this work for her? Is an L permit applied for exclusively by the company or could she apply for one herself and can she apply for a B permit on the basis of her employment length or is this more dependant on her time in Switzerland?

Again guys, thank you all for your replies and the time you have all taken
As far as I remember, the law requires companies look for Swiss or EU nationals before 3rd state nationals. So, I don't think they have to justify hiring an EU national. The L permit is applied for by the individual. You just go to the village centre and look for the Office de la population and tell them you've just arrived, show them your employment contract, proof of rent etc. and 3 months later (they're very slow) you'll get a flimsy little paper permit in the post. Your partner probably won't qualify under regroupement familial because you're not married, but in all honesty if she's not staying more than 3 months at a time in Switzerland (without visiting the UK etc), then I don't see any practical need for her to register unless she wants to work in Switzerland, or have a bank account etc. If she then gets employed in Switzerland, she could apply the same way you will.

Edit: Island Monkey is correct. Your registration, permit application etc are just formalities. Your partner's is different because she's legally single and thus would need to justify how she would sustain herself in Switzerland.
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