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Old 25.01.2016, 17:04
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Non EU married to non-Eu resident, can she work?

Hi all!
I am a professional from a third state in Latin America, and I have been offered a job in Zurich. I am moving in May with a work Visa.

My fiancee and I will get married in Switzerland, after which she will have a residence permit, but not a work visa. She is a 23-year-old psychologist, but her degree is not recognised as such by the Swiss. Besides, she speaks little German (our mother tongue is Spanish). She is very fluent in English, though.

How hard is it that she gets a job? And I mean anything... Au pair, pouring coffee in Starbucks, psychologist, receptionist at a hotel... Part time, full time, whatever.

I cannot find a thread about this anywhere (non-Eu married to non-Eu, but with residence permit).

Thanks!
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Old 25.01.2016, 18:04
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Re: Non EU married to non-Eu resident, can she work?

This will depend on what type of permit you get. If you're lucky and you get a B, then she'll get the same. That means if she does find a job she just needs to take her employment contract to the cantonal migration office to get the work part added to the residence permit.

However, it's more likely that you will get an L permit, in which case I don't think she could work. The Foreign National Act states that dependent L permit holders need authorisation from the Swiss authorities so any employer has to meet certain conditions to be able to hire her and it also states she needs professional qualifications. I assume those professional qualifications limit her to working in her field of expertise which would not be possible without re-training here and also speaking a Swiss language to a high degree. I'm not 100% sure on the job limit though so it might be worth asking the Zurich migration office for clarification.

In any case of the jobs you menton, she could do none. Au pair would not be possible, psychologist degree not recognised so she'd need to re-train plus learn a Swiss language to a high degree and the rest will also need a fair grasp of language to be able to communicate with customers.

If she wants to try and get recognition of her degree then this is the organisation she should contact:

The Psychology Professions Commission (PsyCo) is responsible for recognition of foreign higher education qualifications as well as continuing education and training qualifications in areas falling within the scope of the Psychology Professions Act (PsyPA, SR 935.81).
Contact:
Psychology Professions Commission (PsyCo)
Secretariat
T +41 31 324 38 18
psyko@bag.admin.ch
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Old 25.01.2016, 20:23
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Re: Non EU married to non-Eu resident, can she work?

Thank you Medea for your answer!
Everything indicates I will have an "L" work permit.
Though it is absolutely clear that you know more about this topic than I do, there is one thing I do not understand. If I applied for this job and I virtually got this "L" residence permit... Why cannot she apply for a job herself and obtain a work permit as I did? Can't she perform job searches and inform her situation to the potential employer?
Of course I'm guessing then the employer would say "OK, thank you very much" and then hire a European or a Swiss... But at least theoretically, can't she give it a try?
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Old 25.01.2016, 20:38
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Re: Non EU married to non-Eu resident, can she work?

a) She'll have a dependent's permit from you so wouldn't be able to apply for an independent permit while in Switzerland.

b) If she wants to apply separately from you before you both arrive here, that would mean finding a job in her field of expertise - psychology - which isn't going to be possible due to lack of degree recognition and language skills.

The hiring of non-EU nationals is strictly regulated here with priority being given to Swiss/EU nationals.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Any old job won't do if you're a non-EU national. If she can't work in her field here there's no chance of an independent permit.
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Old 25.01.2016, 21:36
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Re: Non EU married to non-Eu resident, can she work?

She won't be able to work at a Starbucks, supermarket type of job and she can't be a practicing psychologist, she might try to looking into working in human resources at an international company.

It's easier for a dependent L permit to be approved for work than starting from scratch.
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Old 25.01.2016, 21:43
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Re: Non EU married to non-Eu resident, can she work?

I suppose the rules for the spouse of a EU national that holds an L permit would be different than the rules for a non-EU resident ? Or does the spouse still have the same limits when looking for their own job ?
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Old 25.01.2016, 21:50
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Re: Non EU married to non-Eu resident, can she work?

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I suppose the rules for the spouse of a EU national that holds an L permit would be different than the rules for a non-EU resident ? Or does the spouse still have the same limits when looking for their own job ?
No limits on EU spouses. They just need to inform the commune of their employment.
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