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Old 20.06.2016, 20:44
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How to tell if I'm on a "restricted" or "open" B permit?

I've been cruising the forums, reading up on how to switch employers as a non-EU B-permit holder, and what I've gathered is that the ease of it seems to be determined by whether your B permit is "restricted" that is, tied to a certain employer, or "open". Yet what I still don't know is, how can I tell which one I have? Does it say so on the permit itself? Of course, I'm loathe to ask my employer, since the whole point is that I'm searching to switch jobs!

Me: I'm non-EU (US national) with a so-called permanent contract and so landed a B-permit, which is a hard plastic card (like a credit card) that I have to renew every year (my HR department has to stamp and sign some form and pay 100 chf or so and I get my new card).

So, is this a "restricted" B permit, or an "open" one (maybe because I have a permanent contract)? How would I be able to tell?

According to Swissinfo, as a US national I get a C permit after 5 years, so maybe the magical "open" B permit is actually just a C permit? Is it even possible for a non-EU to have an "open" B permit?

Help!
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Old 20.06.2016, 20:47
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Non-EU is most likely to be restricted. Not sure if that is stated on your permit as well (have a EU one so don´t know how the non EU permits look like)
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Old 20.06.2016, 20:59
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Re: How to tell if I'm on a "restricted" or "open" B permit?

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...According to Swissinfo, as a US national I get a C permit after 5 years, so maybe the magical "open" B permit is actually just a C permit? Is it even possible for a non-EU to have an "open" B permit?
Check the back of your permit. It probably has either the name of your employer or a bunch of words in French that say whether or not you're tied (or both). If you don't know what the words mean, feel free to type the text here and one of our French experts will help.

By the way, it's not automatic that you receive a C permit after 5 years. You are allowed to apply, and if you meet the criteria then chances are you'll receive it. A C permit is not the same thing as an open B.

If I recall correctly from other threads, if you're renewing every year, you're probably on a tied permit.
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Old 20.06.2016, 21:29
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Re: How to tell if I'm on a "restricted" or "open" B permit?

you can see it at point 13b in the flyer
https://www.sem.admin.ch/dam/data/se...-ausweis-e.pdf

Last edited by k_and_e; 20.06.2016 at 21:39.
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Old 20.06.2016, 21:37
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Re: How to tell if I'm on a "restricted" or "open" B permit?

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you can see it at point 3b in the flyer
https://www.sem.admin.ch/dam/data/se...-ausweis-e.pdf
What? There is no 3b.

3Wishes is right. If your employer is still having to apply for your permit, it's tied. An open B means just that, not tied to any employer and you can live/work anywhere in Switzerland without needing prior approval. It's basically the same as an EU B permit as far as employment goes.

Note it's extremely difficult, if not impossible for a tied B permit holder to change jobs.
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Old 20.06.2016, 21:39
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Re: How to tell if I'm on a "restricted" or "open" B permit?

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What? There is no 3b.
oops. 13b
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Old 21.06.2016, 23:19
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Re: How to tell if I'm on a "restricted" or "open" B permit?

just one way to find out. apply for a job and in case you manage to get one, just ask the new company to apply for a "stellenwechsel" with AWA. Don't resign till they manage to get a bewilligung.
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Old 23.06.2016, 11:54
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Can't speak for Geneva, but in Zürich, you can write an email to ZH Migrationsamt (quote your name and Zemis Nr) and ask nicely if your permit allows for a job change.

They will forward your request to AWA, and someone from there will send you a letter stating "yes" or "no".
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Old 01.08.2016, 15:02
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Thank you everyone for your helpful comments!

I finally received my renewed B permit in the mail and so was able to inspect the card more carefully.

I note that on the front, section 8 ("area for comments by migration authorites"), it says, "Avec activité". On the back in section 13b ("area for comments by migration authorities"), it says, "Une activité indépendante est soumise à autorisation."

I take this all to mean that my B permit is tied to my employer, and that any (money-making?) "activity" outside of this must be approved (by the migration authorities?)!
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Old 01.08.2016, 15:11
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Yes, subject to authorisation.
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Old 01.08.2016, 19:47
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Re: How to tell if I'm on a "restricted" or "open" B permit?

"Independent activity is subject to authorization". Therefore I don't see any limitations as far as you're looking for an ordinary job. To my understanding, independent activities are founding your own company, freelancing etc. The exact definition might vary, but if you have a typical employment contract with some company you're for sure not independent.

Also, unlike what you can read above, a non-EU B permit, whether "open" or "tied", doesn't give you the right to live anywhere in Switzerland. You can only live in the issuing canton and changing cantons is subject to authorization. That should be stated in the letter that came with your permit, can you check?

If in doubt, you can always ask the cantonal authorities for clarification. Just go to a counter with your permit and ask if you can change jobs and how.

When it comes to "tied" B permits, I've heard only of some cantons issuing those, and I'm pretty sure Geneva is not one of them. So my understanding is that you can change jobs as you please, as long as you live in Geneva.

Hope this helps.
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Old 01.08.2016, 19:59
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Re: How to tell if I'm on a "restricted" or "open" B permit?

To me there is nothing on there that specifies that your permit is tied.

It says that you are working and that if you want to work as an independent you need to ask permission. That's all.

As Darence says you should ask the migration authorities. Perhaps s/he is correct that GE doesn't have tied permits.

Come back and let us know!
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Old 11.11.2016, 14:45
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Quote:
Thank you everyone for your helpful comments!

I finally received my renewed B permit in the mail and so was able to inspect the card more carefully.

I note that on the front, section 8 ("area for comments by migration authorites"), it says, "Avec activité". On the back in section 13b ("area for comments by migration authorities"), it says, "Une activité indépendante est soumise à autorisation."

I take this all to mean that my B permit is tied to my employer, and that any (money-making?) "activity" outside of this must be approved (by the migration authorities?)!
Hey gettingitchy, just curious to know if you got any more info about this?
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Old 13.11.2016, 05:00
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Une activité indépendante est soumise à autorisation = Selbstständige Erwerbstätigkeit ist bewilligungspflichtig = self-employment needs authorization, it's a standard thing for B and doesn't say anything about whether you're tied to your employer for a non-self-employment scenario. AFAIK it's usually never written on the permit itself, which is just an immigration/ID document. You need to ask AWA directly what type of work authorization they gave you.
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Old 04.02.2017, 23:45
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Re: How to tell if I'm on a "restricted" or "open" B permit?

I also hold a B permit, but mine is not a plastic card but rather paper. Does it make a difference? Could that have anything to do with restricted vs. non-restricted?
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Old 04.02.2017, 23:49
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Re: How to tell if I'm on a "restricted" or "open" B permit?

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I also hold a B permit, but mine is not a plastic card but rather paper. Does it make a difference? Could that have anything to do with restricted vs. non-restricted?
Paper permits are issued to EU citizens and are not restricted in the sense discussed here - EU have an actual *right* to be a resident here if some swiss firm wants to hire you. At least the "old EU" countries are like that, not 100% sure if it's the same deal with "new EU"
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Old 05.02.2017, 09:02
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Exactly ivank. When we're talking about an "open" B for a non-EU national it's effectively the same as the one EU nationals get as it allows a non-EU national to live and work anywhere in Switzerland without restrictons.

And yes, the right to live and work here for EU nationals applies to all EU countries except Croatia who still have quota limits on the number of permits available, though they're free to come and look for work.

"On 1 January 2017, protocol III came into force. During the first implementation period, special transitory measures with quotas and restrictions regarding the access to the labour market (priority clause for local workers as well as control of wages and work conditions) are applied on Croatian nationals. These measures can be extended after a first two-year period.

More detailed information regarding the admission of Croatian nationals is provided in the factsheet "Croatia”."

https://www.sem.admin.ch/dam/data/se...kroatien-d.pdf

https://www.sem.admin.ch/sem/en/home...r_schweiz.html
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Old 05.02.2017, 10:36
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Re: How to tell if I'm on a "restricted" or "open" B permit?

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When we're talking about an "open" B for a non-EU national it's effectively the same as the one EU nationals get as it allows a non-EU national to live and work anywhere in Switzerland without restrictons.
No, it's not the same, as an open B for non-EU is still tied to the canton, and you would need permission from both old and new cantons to move cantons.

Tom
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Old 05.02.2017, 11:51
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Re: How to tell if I'm on a "restricted" or "open" B permit?

Technically it's exactly the same. The Act says:

"Art. 37 Change of the place of residence to another canton

1 Persons with a short stay permit or a residence permit who would like to relocate their place of residence to another canton must apply for the appropriate permit from the new canton beforehand.

2 Persons with a residence permit are entitled to move to another canton provided they are not unemployed and there are no grounds for revocation in terms of Article 62.

3 Persons with a permanent residence permit are entitled to move to another canton, provided there are no grounds for revocation in terms of Article 63."

https://www.admin.ch/opc/en/classifi...232/index.html

All a non-EU national on an open B permit has to do is apply for a new permit from the new canton - which is exactly what an EU national has to do. Someone on a tied B would probably need to ask permission as they're supposed to live in the same canton that their workplace is based in.
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