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Old 12.02.2015, 12:42
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Spouse on dependant permit can work? (Zh)

Hi,

I have recently moved into Switzerland and I am working on an indefinite contract in Zurich. I come from India and hence have received an L permit but I was advised by stadt office this time to apply for B permit so I should hopefully have by within a few weeks.

Amidst all the confusing regulations here, my question to the members of the forum is can my wife start working with some company here if she finds a job? She is well qualified and comes with some work experience. Will her company have to apply for a work permit for her separately? Usually how long does it take for this process?

Thanks a lot in advance for your kind advice.
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Old 12.02.2015, 12:50
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Re: Spouse on depandant Visa can work? (Zh)

If you are non-eu then expect an L permit for the first two years and your spouse is not automatically entitled to work.

Also, the conversion from L to B is not guaranteed. And you are 'tied' to your employer so cannot change employers on the Non-EU 'L' permit.

I am a non-eu spouse and I was able to get work permission on the L permit, but only because I have specialist training and my employer had been looking for over 12 months and could prove they could not find anyone in Switzerland or the EU to do the job.
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Old 12.02.2015, 12:58
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Re: Spouse on depandant Visa can work? (Zh)

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If you are non-eu then expect an L permit for the first two years and your spouse is not automatically entitled to work.

Also, the conversion from L to B is not guaranteed. And you are 'tied' to your employer so cannot change employers on the Non-EU 'L' permit.

I am a non-eu spouse and I was able to get work permission on the L permit, but only because I have specialist training and my employer had been looking for over 12 months and could prove they could not find anyone in Switzerland or the EU to do the job.
Thanks Swisspea. This is useful! So as I understand, the onus is on the recruiter to apply for a work permit for my spouse.

If I manage to get a B permit, would this still be the case for my wife?
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Old 12.02.2015, 13:18
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Re: Spouse on depandant Visa can work? (Zh)

No. The onus would no longer be on the employer to prove they can't find a Swiss/EU national who could do the job as is the case with a dependent's L permit. She would simply need to take her employment contract to the migration office to have the work part added to the residence part.
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Old 13.02.2015, 10:26
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Re: Spouse on depandant Visa can work? (Zh)

Hi Medea,
that is the process for EU. for a dependent non EU B permit, there is no need to go the migration office.the work permission is automatically granted along with the residence permit and the B permit normally has the word
Familienachzug mit Erwerbstatigkeit
the employer has just to inform the migration office that they have employed the person and as you said, there is no need for the employer to prove that there is no Swiss or EU person who can do the job.

Hi Swapnil,
Getting a workpermit for a dependent L permit is tough. the employer has to prove that they could not find anybody within Swiss or EU to get a working permit for your wife. but it is not impossible. some employers were able to prove that.

cheers
happycreature
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Old 13.02.2015, 11:16
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Re: Spouse on depandant Visa can work? (Zh)

Thanks, happy creature. I wasn't sure if it was included right from the start with a non-EU B permit for dependents. The Foreign Nationals Act states that B permit dependent holders don't have the right, but that the Legislature decided not to require authorisation for this so I figured that maybe you'd need to get the work part added once a job was found.

"Par contre, les membres de la famille d’un titulaire d’une autorisation de séjour ne bénéficient pas d’un droit à exercer une activité lucrative. Toutefois, vu les objectifs généraux visés par la LEtr (meilleure intégration de la population étrangère), le législateur a décidé de ne pas soumettre l’activité lucrative à autorisation."

Google translation:
"By cons, 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
(page 94)

L permit dependents definitely need their employer to be able to prove they can't find a Swiss/EU national before they can be hired.
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Old 15.02.2015, 22:15
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Re: Spouse on depandant Visa can work? (Zh)

Thanks a lot Medea and Happy creature. As per my understanding just to summarize: with a L permit it would be really difficult to find a job for spouses. However, it becomes relatively easier with B permit (just need to get the job part added to the residence permit once you have a job vis-a-vis company required to prove no suitable candidate was found within EU). Is this correct?

Please pardon my ignorance, but do you also know who should we approch for adding the job part? Would it be migrationsamt in Zurich, or federal migration department in Bern or local stadt office?

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Thanks, happy creature. I wasn't sure if it was included right from the start with a non-EU B permit for dependents. The Foreign Nationals Act states that B permit dependent holders don't have the right, but that the Legislature decided not to require authorisation for this so I figured that maybe you'd need to get the work part added once a job was found.

"Par contre, les membres de la famille d’un titulaire d’une autorisation de séjour ne bénéficient pas d’un droit à exercer une activité lucrative. Toutefois, vu les objectifs généraux visés par la LEtr (meilleure intégration de la population étrangère), le législateur a décidé de ne pas soumettre l’activité lucrative à autorisation."

Google translation:
"By cons, 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
(page 94)

L permit dependents definitely need their employer to be able to prove they can't find a Swiss/EU national before they can be hired.
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Old 15.02.2015, 22:19
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Re: Spouse on depandant Visa can work? (Zh)

I think you can take the employment contract to the stadt office and they'll start the process off. Or the cantonal migration office would work too. You certainly don't need to go up to Federal level.
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Old 15.02.2015, 22:29
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Re: Spouse on depandant Visa can work? (Zh)

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I think you can take the employment contract to the stadt office and they'll start the process off. Or the cantonal migration office would work too. You certainly don't need to go up to Federal level.
Thnx Medea!!
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Old 16.02.2015, 21:32
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Re: Spouse on dependant permit can work? (Zh)

Hi Swapnil,
Dont get confused between EU and Non EU. you are Non EU and as i said before, once you get a B permit, your wife will get a dependent B permit and the work part is already included in it. there is no need to go anywhere to add the work part. when i said in the previous post that a literal 'Familinachzug with erwerbstatigkeit' comes on the dependent permit, this means family reunification with work permission. your wife has just to find a job and can start working straight away.

now if you asking about working on a dependent L permit, the process is still different for Non EU. the employer has to apply for a new work permit at the cantonal level first. once it is approved at the canton, it goes to Bern for federal approval. once Bern has approved, the application comes back to the canton who will issue the work permit. the employer has to prove that they have searched enough in Switzerland and EU for the position and still could not find anybody suitable other than your wife. this is very difficult than it appears to be, but as i said in my previous post, some employers have gone through that and obtained the work permit. frankly speaking, not many employers would be interested to go through this process as it is time consuming and the result is not guaranteed.


Cheers
Happycreature
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Old 04.03.2017, 13:36
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Re: Spouse on dependant permit can work? (Zh)

Hello people,

An update on my situation.

Finally after two renewals of the L permit, we finally managed to get a B permit last year. Happy to share that on basis of that my wife was able to find a job pretty quickly and is happily working now.

However, as I understood, the B permit is usually issued for a period of 5 years. However for us the permit has been issued only for a year and will expire in a year's time. I guess will have to reapply again.

Is this usual? Just money making mechanism of charging a renewal fee every year? Or is it some gap in my understanding?

Cheers!
Swapnil
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Old 04.03.2017, 15:08
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Re: Spouse on dependant permit can work? (Zh)

Non-EU tied permits are renewed annually same as the L permits. Only if you get an open B permit would it be renewable every 5 years.

It's the same process to renew the B as the L, your employer has to apply for the renewal.
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Old 04.03.2017, 15:22
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Re: Spouse on dependant permit can work? (Zh)

Thanks for clarifying

Would it be a perpetual case? I mean for how many years would this process have to be followed and after how many years can a C permit be applied?
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Old 04.03.2017, 15:26
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Re: Spouse on dependant permit can work? (Zh)

Depends, usual seems to be 3 years before there's a possibility of getting an open B. C permit can be applied for after 5 years providing you meet the integration requirements.

Early C Permit for a Non-EU National through VINTA
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Old 04.03.2017, 18:24
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Re: Spouse on dependant permit can work? (Zh)

Thanks Medea. Really helpful!
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Old 04.03.2017, 19:35
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Re: Spouse on dependant permit can work? (Zh)

You're welcome. Good luck.
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