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Old 17.11.2006, 13:59
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[non-EU] B-permit/change employer?

Hi All,

I am non EU Citizen and I am working in urich for little less than one year. Now I got an offer from a big multinational company and I am willing to change to this new job.

I want to know if there is any complication in the transfer of B Permit with the new employer. Mopre information:
1. The new sponsor is a large MNC comapany (I don't know if it makes a difference)
2. Both the jobs, old and new are in same canton and same city.
3. My B permit is tied to the current employer.

Thanks for any advice or help.
AP
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Old 19.11.2006, 00:50
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Re: [non-EU] B-permit/change employer?

You can't transfer the work permit to the new employer. Myself, being a non EU citizen, I studied the residence&work permit situation in more detail before moving to Switzerland; I was also wondering what would happen in case you found a better opportunity in the meantime. Apparently there is no way to avoid the beaurocratic process of applying for a new work&residence permit as the permits are granted as long as you work for the current company. That is, the new employer has to apply for your permit as a nonEU citizen. Well, on one hand it might sound ridiculous that once they found you were qualified enough to fullfill the job in Switzerland they would reject your application after less than one year, on the other hand bear in mind there are quotas for nonEU citizens! additionally, there is another qoota which is aplied to the company. Thus, if the new company has already a high percentage of nonEU citizens the odds that the application would be turned down are higher...better is to ask them directly IMO. Good luck, anyway!
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Old 19.11.2006, 12:37
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Re: [non-EU] B-permit/change employer?

Info from www.justlanded.com:



Non-EU-citizens can only get a work permit if their employer proves that they could not fill the respective position with a Swiss or EU citizen. This can become a complex and bureaucratic process for both employer and employee. There are some exceptions to this rule for highly qualified/specialised and/or top executive management positions.
If an employer wants to hire you, he must send you an official offer of employment. If you accept the offer, your employer then applies for a residence permit in the local canton’s police section for foreigners. If a residence permit is approved, your employer sends you a ‘pre-authorisation for a residency permit’ (Zusicherung der Aufenthaltsbewilligung - Autorisation de Séjour) in addition to your employment contract. On arrival in Switzerland, you present this document in the formal application for the actual residency permit.


The process of work permit application can take several months and there are no guarantees that a permit will be issued. An employer might say they will be able to get a permit, but the ultimate decision will be made by the Swiss authorities. The decision on whether or not a permit will be granted depends on a variety of changing criteria such as the type of job, your qualifications, nationality etc. Within the limits prescribed legally, individual cantonal authorities have a large degree of freedom, so the ultimate decision could depend on the mood an official is in when your application is examined.
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Old 30.11.2006, 15:50
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Re: [non-EU] B-permit/change employer?

Hi All,

Thanks a lot for all the answers.

Also I wanted to know that if my employer is agreed to relieve me for the reason that I am not required any more for some logical reason, example the position doesn't exists or the work or Job is migrated to another location outside CH. Then is it easy to get the transfer??

AP
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  #5  
Old 02.12.2006, 21:16
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Re: [non-EU] B-permit/change employer?

Quote:
Hi All,

Thanks a lot for all the answers.

Also I wanted to know that if my employer is agreed to relieve me for the reason that I am not required any more for some logical reason, example the position doesn't exists or the work or Job is migrated to another location outside CH. Then is it easy to get the transfer??

AP
Looking to move
Hello
This is no problem. I just did it.

HAT
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  #6  
Old 04.12.2006, 12:49
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Re: [non-EU] B-permit/change employer?

Hi Hat,

Please provide me with more guidance on
1. Whatis the procedure?
2. what my current employer needs to do?
3. What my new employer needs to do?
and what I need to do(if any precaution etC)

Thanks a tonnn.

AP
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  #7  
Old 16.12.2006, 10:22
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Visa Transfer formalities for Non EU

Hi All,

I am non EU citizen. I am in Switzerland for 10 months. I am willing to change my job but I found that my B Permit is tied to current employer.

After that I had discussions with my boss and I think he is ready to help me out as he also thinks that in immediate future (3-6 months) my position will be either transferred to another location or I'll not be required at all.

I want to know what is the process to get a transfer to other company. I already have 2 confirmed job offer in hand.

Any help would be greatly appreciated.

Thanks
AP
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Old 16.12.2006, 11:33
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Re: Visa Transfer formalities for Non EU

try the Kreisburo (permit office) or the HR department of the two prospective employers?
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Old 19.12.2006, 09:26
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Re: Visa Transfer formalities for Non EU

Quote:
Hi All,

I am non EU citizen. I am in Switzerland for 10 months. I am willing to change my job but I found that my B Permit is tied to current employer.

After that I had discussions with my boss and I think he is ready to help me out as he also thinks that in immediate future (3-6 months) my position will be either transferred to another location or I'll not be required at all.

I want to know what is the process to get a transfer to other company. I already have 2 confirmed job offer in hand.

Any help would be greatly appreciated.

Thanks
AP
In these circumstances you will be treated almost as a new 2nd class entrant I am afraid... The key point being that after only 10 months you are not entitled to unemployment benefit and as such are not regarded as integrated into the Swiss society...

As a non-EU citizen your permit is always tied to your employer until you reach the hallowed C permit. In order to change jobs you will need simply to have a leaving date agreed with employer 1 and a start date agreed with employer 2. You will then need to have employer 2 apply for your work permit change. This process takes about 2 to 3 weeks to get approval. After the approval you can immediately start work as you already have the permission to stay here. You need not bother getting involved yourself with the respective authorities as it is not really going to bring you much - the new employer is the one with the work to do
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Old 19.12.2006, 12:01
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Re: [non-EU] B-permit/change employer?

Hi Lob and Richard,

Thanks a lot for the responses. I am already working with the HR of the new employer. Just needed extra information so that I can access the risk.

Coming to what Richard suggested, I understand I can get the date from the new employer and then just join him. In my case I can manage to have practically no lag time between the two dates. So if I get relieving from Current employer for Date 1 then I can start on Date 2 with the new employer. If this is correct then I need to know:
1. Do I need any support/documentation from the current employer so that my visa is transferred easily?
2. Can my new employer confirm to me the smooth trsnafer before I have a reliving date on basis of any papers from current employer? My current employer is ready to support me.

Thanks a lot guys,
AP
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Old 19.12.2006, 12:44
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Re: [non-EU] B-permit/change employer?

Quote:
Hi Lob and Richard,

Thanks a lot for the responses. I am already working with the HR of the new employer. Just needed extra information so that I can access the risk.

Coming to what Richard suggested, I understand I can get the date from the new employer and then just join him. In my case I can manage to have practically no lag time between the two dates. So if I get relieving from Current employer for Date 1 then I can start on Date 2 with the new employer. If this is correct then I need to know:
1. Do I need any support/documentation from the current employer so that my visa is transferred easily?
2. Can my new employer confirm to me the smooth trsnafer before I have a reliving date on basis of any papers from current employer? My current employer is ready to support me.

Thanks a lot guys,
AP
Hello if only it was that simple.

Your primary problem is that you have only been here 10 months. As such you have no claim to social benefits and are seen as NOT integrated in Switzerland, therefore any change of employer is seen as a new proposal and treated as such. When you get a Permit it combines a right to stay with a right to work. The right to stay you have will not be immediately removed. The right to work will be removed as soon as your employment with the first employer ends. For this reason it is important that your first employer fixes a date well enough into the future for your permit issues to be resolved. The fact that you only need to satisfy one of the official offices in Switzerland makes the whole process simpler but without guarantees.

As such do not think you can start next week with a new employer just by turning up with your existing permit. This permit is ONLY valid for the stated employer until there has been an official approval at which point the written permit is not as important as the official decision - there is often a lag of a few weeks between a decision and the arrival of the permit document.

So now to your questions:

You should get a letter from your current employer stating that the position you currently have will end in the near future and that they are willing to let you go to another company.

No your future employer can only apply to employ you and then they must satisfy the local authorities that you are a special case where the skills are not present in the local market. Thereafter they will get an approval decision and can give you a start date. I would guess 1st Feb would allow enough time for all parties to be happy but your future employer should give you a target start date.

The risk is pretty simple to assess - how confident are you that your skills are not readily available in the local market? If you are confident then you are very likely to have an approval. If you are not so sure then beware you might be rejected...
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Old 19.12.2006, 13:54
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Re: [non-EU] B-permit/change employer?

Hi Richard,

Thanks a ton.

I know now which way to go. I hope it goes well for me. If all goes well I owe you a treat.

Thanks once again,
AP
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  #13  
Old 04.01.2007, 18:33
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Re: [non-EU] B-permit/change employer?

Quote:
Hello if only it was that simple.

Your primary problem is that you have only been here 10 months. As such you have no claim to social benefits and are seen as NOT integrated in Switzerland, therefore any change of employer is seen as a new proposal and treated as such.

It has been 6 months since I have arrived to Zurich. I am working with a non-EU B permit. From what I read in your postings, I can understand that a non EU B permit holder must stick to the current employer as long as possible until he/she is granted a C permit? Otherwise there is a risk for being forced to depart?

also whats the story with being considered as a part of swiss society? How long do you need to work and live in Switzerland to claim any social benefits i.e. unemployment insurance etc.?
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Old 04.01.2007, 18:45
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Re: [non-EU] B-permit/change employer?

I have changed employers twice (and cantons once) while being on a B permit. Not as much of a problem.
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Old 04.01.2007, 18:46
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Re: [non-EU] B-permit/change employer?

Are you also a non EU B permit holder??
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Old 04.01.2007, 18:47
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Re: [non-EU] B-permit/change employer?

Quote:
Are you also a non EU B permit holder??
Yes. Although I have been here for a longer while so that is also a factor.
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Old 04.01.2007, 18:50
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Re: [non-EU] B-permit/change employer?

Honestly I m willing to change my employer however im just a bit scared of loosing my B permit and not being able to renew it. How did all process go through with you? Had your new employer had to go through all the proceess of proving that they couldnt find anyone to match your skills etc.?
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Old 04.01.2007, 18:55
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Re: [non-EU] B-permit/change employer?

Quote:
Honestly I m willing to change my employer however im just a bit scared of loosing my B permit and not being able to renew it. How did all process go through with you? Had your new employer had to go through all the proceess of proving that they couldnt find anyone to match your skills etc.?
Well I didn't follow all the proceedings in detail - but i'm quite sure it never went anywhere beyond filling out a form (at least for the Geneva-based switch I am 100% certain).

I'd still wait to have more than one year under the belt if I were you. That way your permit drops out of the "new permit quota" and goes into the "employer change bucket".
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Old 05.01.2007, 10:19
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Re: [non-EU] B-permit/change employer?

Barish,

Also it depends on the situation. If your employer is willing to let you go or there is a real situation where your position is not required then it is comparatively easy. If you are just willing to move for a better opportunity then it might be a little tricky.

Also it depends on the new employer also to an extent. Give them a copy of your permit and they will tell you if they can get a transfer or they need ato process it again.

Good luck.
AP
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  #20  
Old 26.08.2007, 07:46
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Re: [non-EU] B-permit/change employer?

Hi,
Is there any limitation, timewise, on how long you need to stay in one canton before you can change both employer AND canton?

Thank you,
m
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