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Old 04.07.2016, 17:19
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Non EU: from L permit to new one with different contract

Hi all,
I have a few questions regarding inmigration in basel land.
First of all Iím a non EU citizen with a L permit. I started my internship around august last year, and got an offer now to stay for another year - not as an intern anymore, but it will be a temporary contract.

- Iím wondering how long does it take for the authorities to either approve or reject the work permit?


- How many weeks before my current work permit expires do I (or the company) need to submit the new request?


Thanks a lot for the help.
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Old 04.07.2016, 17:28
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Re: Non EU: from L permit to new one with different contract

Your employer is likely to have to prove they can't find a Swiss/EU national who could do the job as this is a change in your permit so effectively a new application.

Also, as laid down in the Foreign Nationals Act there's supposed to be a "break" between non-EU L permits.

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.

How long that interruption is, is up to the canton to decide.

I suggest your company's HR person/department talks to the cantonal migration office to find out exactly what they need to do if they want to keep you on.
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Old 04.07.2016, 17:38
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Re: Non EU: from L permit to new one with different contract

Hi Thank you Medea.


Yes I am aware of that, even before they had to explain why they wanted to extend my current contract for another 6 months.


But my question was more related to the time they needed for this new application, since my current permit will expire in about 7 weeks and I want to know the time frame for new applications.


On the other hand, what happens if the company uses an agency for my contract? meaning I wont be employed by my current company (Company X) but by another one (Company Y) but basically work for Company X as a contractor?
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Old 04.07.2016, 17:52
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Re: Non EU: from L permit to new one with different contract

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Hi Thank you Medea.


Yes I am aware of that, even before they had to explain why they wanted to extend my current contract for another 6 months.


But my question was more related to the time they needed for this new application, since my current permit will expire in about 7 weeks and I want to know the time frame for new applications.


On the other hand, what happens if the company uses an agency for my contract? meaning I wont be employed by my current company (Company X) but by another one (Company Y) but basically work for Company X as a contractor?
This would still be a new application under the non-EU hiring rules.

Basically get your HR people to contact migration ASAP! It may well take longer than the time you have left. You should be able to stay here while they make a decision if your permit expires in the meantime, but again check that with the migration office to be sure.
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Old 05.07.2016, 12:21
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Re: Non EU: from L permit to new one with different contract

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This would still be a new application under the non-EU hiring rules.

Basically get your HR people to contact migration ASAP! It may well take longer than the time you have left. You should be able to stay here while they make a decision if your permit expires in the meantime, but again check that with the migration office to be sure.


thanks, I'll do that.


Hopefully I'll be able to sort this out. Let's see.


In case they decide not to grant the work visa, how much time do I have from the moment I receive the information to leave the country?
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Old 05.07.2016, 12:41
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Re: Non EU: from L permit to new one with different contract

That will depend on the canton. It could be just a few days or maybe a couple of weeks.

Do you come from a non-EU country where you don't need a tourist visa to visit Switzerland? If so, then when your permit runs out you effectively become a tourist for up to 90 days so that would give you more time to sort things out if needed if your new permit is refused. Make sure you deregister with your gemeinde, they'll give you a document for cancelling things like health insurance, mobiles, etc, (not rental contracts unfortunately) and also for you to show when you do leave the country that you haven't overstayed as a tourist here.
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Old 05.07.2016, 14:52
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Re: Non EU: from L permit to new one with different contract

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That will depend on the canton. It could be just a few days or maybe a couple of weeks.

Do you come from a non-EU country where you don't need a tourist visa to visit Switzerland? If so, then when your permit runs out you effectively become a tourist for up to 90 days so that would give you more time to sort things out if needed if your new permit is refused. Make sure you deregister with your gemeinde, they'll give you a document for cancelling things like health insurance, mobiles, etc, (not rental contracts unfortunately) and also for you to show when you do leave the country that you haven't overstayed as a tourist here.

Hi again Medea, thanks for the info.


I live in Basel Land, but as a tourist I don't need a visa for Switzerland.


Even in Basel Land can I have that option to stay as a tourist for a bit longer?


thanks for your help.
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Old 05.07.2016, 14:55
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Re: Non EU: from L permit to new one with different contract

Yes, it doesn't matter which canton you're in. Providing you deregister to get the necessary documentation and of course that you can afford to stay here for a while then yes staying on as a tourist for a bit longer shouldn't be a problem.
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