Hello all,

This is my first post on this forum and as expected its kind of strange case with me. I am a non EU B type permit holder. My work was coming to an end in March and i had already initiated a process to end my house contract and other utilities like internet , billag etc. A few days before my final departure I got an offer from swiss company and they agreed to transfer my work permit on the condition that I don't surrender my Auslanderausweis card to authorities otherwise transfer won't be possible. I didn't change my travel plans and travelled out of switzerland with my B Permit Card. Now my new company is asking me to travel back on the same permit and saying that It should not be a problem entering on the same card.
Please let me know
-Can i travel back to switzerland on the same Auslanderausweis card although it reflects the company name and residential address which are not valid anymore
-Is it possible NOT to have a residence address in Switzerland as I have already ended my house contract in March and am presently out of Switzerland with no legal residence there.

Thanks for your reply.
Leo

If you have de-registered at your commune and your employer has filled the "end of contract" form you may well have to start from scratch.

thanks shorrick. but as already mentioned i haven't de-regd from commune and still possess the B Permit Card. Does that mean i still have chances to re-enter switzerland .

Sorry I must have missed that part (or have I). I guess you could try. Anyway, since your previous employer must have sent your resignation details by now, I suppose the relevant authorities should be right about to ask you when you want to leave Switzerland... and you should hope they haven't sent you a letter which has returned to them with the "Has left this address" post stamp.

Thanks again. Should I take this "Has left this address" post stamp as an alarm bell and i start to panic even if the new company has initiated a work permit transfer process. I might as well have changed the residence and forgot to inform the commune. Tell me please as I am a newbie here.There are two things work permit and residence permit. If the company is in process of transferring the work permit and i don't have residence, shouldn't that affect the work permit transfer process too ?

You might have. However resigning without applying for a permit change *and* changing residences happen in general when you move abroad...

Well in theory you should still have residence if you have not de-registered... unless the landlord has let the commune know that you have left.

Well i have every reason to guess that landlord has informed commune about my leaving as i hv just recvd a mail from canton asking about my new address in switzerland ? I think i should panic now. What's your opinion ?

Does that mean that I am de-registered even though i never visited the commune to do so ? Can the new company do anything about it ?

Get a residence in Switzerland rather quickly.

Thanks Shorrick.
Just had a word with the new employer but the employer feels otherwise. According to them there is no reason to worry. On arriving in switzerland if enquired at passport control , i just need to say that i was having a vacation(outside switzerland - which is true by the way) between jobs and that i didn't need an apartment while i was away and now that i am back i'll start looking for one and show immigration officer the offer letter from the new company. And if there are any doubts they should call up the new employer as I have arrived only as they promised a job and should be responsible to handle work permit related issues.
Have the new laws since 1.1.2008 made it so easy ??

Dear Shorrick, Your opinion will be much appreciated on above.Thanks in advance.

I don't know many people who resiliate their home rental when they go on holidays for two three weeks - so that's going to sound as hollow as an empty barrel. Anyway your problem is not necessarily getting in the country since most likely than not immigration officers will not check the permit further if the date is right...

... as it is actually getting a permit. So if the authorities have decided on the basis of information available to them that you have actually left Switzerland and terminate your permit (lack of residence doesn't exactly help here... in more ways than one) - then the new employer needs to apply ab-initio for a new permit, which in principle you're supposed to be waiting for abroad. That's where your real problem is - not merely crossing the border.

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Thanks for your comments.
Fortunately I entered Switzerland without hassles and started with the new job too.Have also got an accomodation in company apartment.

However my B permit still has old company name and old address.Till now the new company hasn't shown me any written thing which states that I can work there , only a verbal OK. Neither have they asked me to go to commune and register myself.
My concern is since its a company change and residence change, what all documents will a company apply for and what all written approvals would they be getting from authority. Altough its more of company's headache than mine, I still wanted to get a knowledge. Also do i have to deregister from my old commune or will it be taken care of automatically.Company says that things are in progress but doesn't let me know the details. Any respose would be appreciated.

Thanks
leo_in

You have 8 days from arrival to register - just like anyone else. It's a bit of a catch 22 as when you go to register your problems may start but if you don't register then the eventual problems could be more severe.

Leo, Even we have a Non EU B Permit. Last year my husband changed his job. His new company gave him the letter from Arbietamts saying that the new employer from date Y is the new company. After that he went to our Geminde and told them that I don't work for the old company any more and that our new employer is so and so. They talked to Migrations Amt and after few days we got our new permit with new employers name.

I think the issues here is that if your new employer has obtained the change of employment from the relevant authorities. Also in the wake of new is it is really needed? Somebody can clarify that for the Non Eu B Permit with limited time frame (or Project based) it would be needed or not. It has been discussed several time in the forum but everytime with conflicting views.

Other interesting thign to know could be the extension of B Permit. If some one has 36 months permit then in the wake of new law is it easy to get the extension? Some one in other post mentioned that the limited time frame is being removed.

Not really, the issue is that Leo_in deregistered.

You must do this yourself. You de-register from your old commune then re-register in your new commune telling them of your new employer.

You should do this ASAP.

I never mentioned that I de-registered.The new company had explicitly asked me not to do it as deregistration would mean surrendering my auslanderausweis and then transfer would hv been impossible

actually i hv been asking my new company every other day and they say that they have verbally recvd an acknowledgement from authorities that i am allowed to work for them.but i am very much interested in seeing that. since its a new company i cannot be very pushy either.

i am not a newcomer. i travelled back on with my b-permit showing old address and old employer. does the 8 day rule still applies to me?

Sorry, misread that part. So you left your address without deregistering from the local town hall. Unfortunately your landlord will almost certainly have have informed them on your behalf and now they will be wondering where you are.

You need to register in your current location a.s.a.p. at which point you will know if you have an issue or not.