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| Hi Hkg, i have a question for dependent work permit. Since you have undergone a similar process i thought ur the right person to ask.
I currently work in basel in L visa.my wife is in L dependent with me here in basel. Now that my wife has got an offer to work. Her employer is saying, she need to go back to india to file work permit for her. But here one of my friends told that once a person is in dependent visa in a canton then no additional work visa can be applied in the same canton. Instead an additional work authorization can be provided so that the person can work in the canton as long as the main patner visa validity. So im not sure which one is correct. Can u pls clarify? | |
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The employer is wrong, she doesn't have to go back to India. The employer needs to seek authorisation to employ her though. From the Foreign Nationals Act:
"
Members of the family of a short stay (L) 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 (L) 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)."
The employer needs to contact the Basel migration office and talk to them about what he needs to do to get work authorization for her.