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Old 02.03.2016, 18:09
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B Permit 12 Months out of Switzerland Rule non EU

Dear Experts , I am a non-EU ( third state ) and like many others face a tough situation with regards a B Permit - employer change .

I got a job offer from a Swiss based co and they applied for the permit with AWA -Zurich .

They even asked me to voluntarily resign from my old organisation ( which I did ) as they were confident that and had got my permit checked with the authorities and that a change of employer will be a possibility.
I translated the letter that accompined my B Permit and it says that change of employer is possible subject to approval of authorities .

While the permit application is still in progress , I am told by the HR that the earlier B permit ( closed and tied to the employer ) that I had requires me to be out Switzerland for 12 months before a new application can be submitted .. This rule is into effect since Jan 2016 only . If this is really the case , then this is as good as saying that I am not getting the permit at all.

My new employer says that it is highly unlikely that I would get a B Open permit . Is there any other permit that I would be given OR the authorities say that you need to be out of Switzerland for 12 months .If thats the case , its as good as asking me to forfeit the job offer.
The position requires the person to be in this location and me working out of Switzerland just does not work.
I work in a niche area and as such the position that I have got was hard to fill by any Swiss / EU national . I am qualified as well and have been in Switzerland for more than 2 years . 2 years on L and was on B now ..

I want to know if anyone has earlier faced a similar situation earlier with regards permit and job change . What are the chances that I get a B Open permit ?

My earlier B Permit is valid for 6 further months ..

Completely confused now .. why do the swiss keep things secret , if the 12 months rule was stated in the B Permit , I would have continued in my Old job .If I get a negative feedback from the AWA , shall I appeal to them ?

What is the procedure to appeal ? A personal visit to AWA ?
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  #2  
Old 02.03.2016, 19:39
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Re: B Permit 12 Months out of Switzerland Rule non EU

If this is true, then it is new. The requirement for a "break" in permits applies to L permit holders according to the Foreign Nationals Act, but there's no similar wording for B permits. That said both L and B non-EU permits are granted for specific employments, hence their "tied/closed" status.

Still, as you are in a niche area there may be a chance that the new employer will get permission to hire you without a break. Whether the application will be successful or not depends on a) how well your new employer can present their case for hiring you and b) how strictly this new rule/regulation is being applied.
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Old 02.03.2016, 22:40
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Re: B Permit 12 Months out of Switzerland Rule non EU

That was mighty bold of your new employer to ask you to resign before being crystal clear on permit status, and for you to agree to it.

The ball is with your new employer, if declined any appeals will have to be by them.

Hope it works out.
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Old 03.03.2016, 11:00
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Re: B Permit 12 Months out of Switzerland Rule non EU

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Dear Experts , I am a non-EU ( third state ) and like many others face a tough situation with regards a B Permit - employer change .

I got a job offer from a Swiss based co and they applied for the permit with AWA -Zurich .

They even asked me to voluntarily resign from my old organisation ( which I did ) as they were confident that and had got my permit checked with the authorities and that a change of employer will be a possibility.
I translated the letter that accompined my B Permit and it says that change of employer is possible subject to approval of authorities .

While the permit application is still in progress , I am told by the HR that the earlier B permit ( closed and tied to the employer ) that I had requires me to be out Switzerland for 12 months before a new application can be submitted .. This rule is into effect since Jan 2016 only . If this is really the case , then this is as good as saying that I am not getting the permit at all.

My new employer says that it is highly unlikely that I would get a B Open permit . Is there any other permit that I would be given OR the authorities say that you need to be out of Switzerland for 12 months .If thats the case , its as good as asking me to forfeit the job offer.
The position requires the person to be in this location and me working out of Switzerland just does not work.
I work in a niche area and as such the position that I have got was hard to fill by any Swiss / EU national . I am qualified as well and have been in Switzerland for more than 2 years . 2 years on L and was on B now ..

I want to know if anyone has earlier faced a similar situation earlier with regards permit and job change . What are the chances that I get a B Open permit ?

My earlier B Permit is valid for 6 further months ..

Completely confused now .. why do the swiss keep things secret , if the 12 months rule was stated in the B Permit , I would have continued in my Old job .If I get a negative feedback from the AWA , shall I appeal to them ?

What is the procedure to appeal ? A personal visit to AWA ?

I can tell you form my experience, If you deregister and go back, Then there is 0.1 % chance you get a permit after a year.


Best option for you is to try to get back into the previous job.
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Old 03.03.2016, 15:29
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Re: B Permit 12 Months out of Switzerland Rule non EU

Thanks MedeaFlee , As per what I am told by the HR b) the Zurich canton is applying this very strictly , may be they have implemented such stupid rules in frustration to the refugees . In 2015 , ~6000 refugee visas were granted to people from Sri Lanka , God knows for what ? The civil unrest was over way back in 2009 but these guys keep coming in and eat resources , no taxes and the visas are also granted like freebies . They say that they have an economic situation of around 900 people in IT with no jobs and living on Social Security .Hence , the employer should have picked from the pool. My Employer says that none of those 900 IT folks were qualified / applied and as such a job is not a freebie , one needs certain qualification and experience as well pertinent to the job . The very fact that these guys are jobless is because they were not good enough .. ( may be , I dont know )



Any pointers/ premises as to how my employer would handle this would be great .

Going out of the country is certainly out of question as 12 months is a long duration and by that time , the position would cease to exist.
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Old 03.03.2016, 15:33
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Re: B Permit 12 Months out of Switzerland Rule non EU

Getting back to the previous job is not an option.
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Old 03.03.2016, 15:51
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Re: B Permit 12 Months out of Switzerland Rule non EU

All they can do is emphasise the difference between your qualifications and those of anyone else who's applied for the job.
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Old 04.03.2016, 10:21
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Re: B Permit 12 Months out of Switzerland Rule non EU

Could you please clarify what is the requirement for a "break" in permits applies to L permit holders according to the Foreign Nationals Act ?

When permit will be transfered from L to B ;is there any obligation to stay out of the country for a certain period ?
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Old 04.03.2016, 10:32
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Re: B Permit 12 Months out of Switzerland Rule non EU

The Foreign Nationals Act says this:

Chapter 6: Regulation of the Period of stay

Art. 32 Short stay permit

1 The short stay permit is granted for limited periods of stay of up to one year.
2 It is granted for a specific purpose of stay and may be made subject to additional conditions.
3 It may be extended by up to two years. A change of job is only possible for good cause.
4 The short stay permit may only be granted again after an appropriate interruption of stay in Switzerland.

https://www.admin.ch/opc/en/classifi...ex.html#id-ni6

That interruption period seems to be around a year from my reading of posts on the forum.

Changing from an L to a B doesn't require you to be out of the country for a certain period.
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  #10  
Old 08.03.2016, 14:30
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Re: B Permit 12 Months out of Switzerland Rule non EU

Hi Medea , this is a valid question by Gee10 . What we need to know is that if a person holds a non EU B Permit ( was already converted from L ) . Does he still need to be under the purview of #4 Art 32 ?

i.e. interruption of stay is 12 months and even if you have a B . stay out and then re apply for a L again ?

May be the rule for 12 months is for the same contract and for a new contract , a direct B or a new L can be given ?

What if one has a new job , its just ridiculous to have the person out ..
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Old 08.03.2016, 15:35
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Re: B Permit 12 Months out of Switzerland Rule non EU

The 12 month rule is not for a current L contract. On a current contract after the initial 2 years the permit will either be converted to a "tied" B or the contract will be terminated, simple as that. If it's terminated then the period of interrupted stay would apply to any new application.

A B permit is granted on the following conditions:

"Art. 33 Residence permit
1 The residence permit is granted for periods of stay with of more than a year.
2 It is granted for a specific purpose of stay and may be made subject to additional conditions.
3 It is subject to a time limit and may be extended, provided there are no grounds for revocation in terms of Article 62."

Note that with a "tied" B permit it's VERY difficult to change employers as you are finding out.

And even if you've had a B permit, your contract has ended and you've left Switzerland I expect the Swiss authorities check previous permits with regard to how long you've been out of the country when it comes to assessing a new permit application. How quickly you'd be allowed back in will depend on the position the application is for and your skills/experience.

But that's not your case capricious. You're here and trying to convert to a new employer. It will be difficult, but it's not impossible.

And I doubt this new "rule" is anything to do with refugees. More likely it's because the Swiss voted to curb immigration from the EU in February 2014 and they're still trying to work out how to apply this without completely shattering the Swiss/EU bilateral agreements. So non-EU applications are being dealt with much more strictly than they were before.
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Old 10.03.2016, 17:40
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Re: B Permit 12 Months out of Switzerland Rule non EU

If this was the case , why dont they mention in the letter accompanying the permit _
What perplexes is the fact that nothing is mentioned in the permit at all.
The letter says that change in employer is possible subject to approval of authorities . This is just ridiculous .
This kind of a B Permit is as good as an extended L and not to be confused with a real B permit ..
My HR says that this rule came into effect in Jan 2016 and earlier it was possible to switch employment with this kind of a closed B permit
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Old 10.03.2016, 17:53
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Re: B Permit 12 Months out of Switzerland Rule non EU

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The letter says that change in employer is possible subject to approval of authorities . This is just ridiculous .
This kind of a B Permit is as good as an extended L and not to be confused with a real B permit ..
Correct, a tied B is slightly better than an L, but nowhere near as good as getting an open B. That's the way things are and you just have to put up with it.

It has always been difficult to change employers on a tied B, this is not new.
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Old 17.05.2016, 18:23
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Re: B Permit 12 Months out of Switzerland Rule non EU

Any updates on this topic? Curious to know how the story went by, as I'm in a similar position.
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Old 17.05.2016, 21:36
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Re: B Permit 12 Months out of Switzerland Rule non EU

1 rule is very important -
Do not resign from the current job unless the new employer manages to get a 'Bewilligung' for 'Stellenwechsel' (normally takes 4 to 6 weeks and 2 to 3 iterations between HR ans AWA). The HR has to prove that the position is quite niche and they are not being able to find anybody with similar skill in EU and CH

Normally the HR first checks with AWA / Migrationsamt over telephone regarding the profile. On the telephone the answer is always 'yes'. The complication starts right after the application is submitted.

So, please please please do not resign unless you see the 'Bewilligung für stellenwechsel' - even if the HR of the new company says, AWA has told them by telephone that there is no problem with the permit.
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Old 18.05.2016, 20:06
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Re: B Permit 12 Months out of Switzerland Rule non EU

Dear Sir,

Here is my problem> Swiss permit given on humanitarian ground with erwerbstatigkeit. I am non eu. This was given since 2009 and I live in Zurich. Now I am unemployed and claiming benefit from rav. My b permit due for renewal in Septemebr 2016 and my rav finished in February. My b permit was renewed last year, will my per be renewed this year as my rav will runs in February 2017
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Old 18.05.2016, 20:31
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Re: B Permit 12 Months out of Switzerland Rule non EU

Your profile says you're British so no they may not renew it as you can return to the UK.

If your profile is wrong and you are actually a non-EU national that will depend on what things are like in your home country.
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Old 18.05.2016, 22:40
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Re: B Permit 12 Months out of Switzerland Rule non EU

The question is for a friend of mine
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Old 19.05.2016, 07:28
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Re: B Permit 12 Months out of Switzerland Rule non EU

Really. So that's why you asked a similar question in March last year?

URGENT! B permit extension while RAV ending

The second part of my answer still stands - it depends on what's been happening in their home country since they arrived here. If there are still reasons for allowing them to stay under humanitarian grounds then it may be renewed. If the country's been declared safe and there's no longer a reason why they can't return then they may be asked to leave.
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Old 19.05.2016, 09:25
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Re: B Permit 12 Months out of Switzerland Rule non EU

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Really. So that's why you asked a similar question in March last year?

URGENT! B permit extension while RAV ending
Hahaha a poster who had made 4 posts in total, 2 of which are in this thread
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