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  #21  
Old 19.10.2016, 07:36
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Re: Work Permit Confusions and transparency

Yes, I would agree. However, if the OP's husband is an EU/EFTA/Swiss citizen, which the OP may be suggesting with the statement "Our move back to Europe is primarily driven to be closer to my husband's family", then she could possibly receive a dependent's permit in the future based on her husband's EU citizenship. The OP needs to clarify her husband's citizenship.

The OP might also wish to contact a Swiss immigration attorney.
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  #22  
Old 19.10.2016, 21:38
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Re: Work Permit Confusions and transparency

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BS. If that were true, my company couldn't hire Indians, yet that's all they do. There may be a bit more leniency with US Americans or Canadians at times, but in general, non-EU is non-EU, simple as that. If a permit gets denied, the reason is usually lack of qualification in the sense that the job could easily be filled with an EU or Swiss citizen (which is the most fundamental aspect). Don't compare apples and oranges.
Here are some interesting statistics. The largest nationality of non-EU citizens who came to Switzerland for employment during the most recent 12 month period were Indians followed by Americans:

Sep 2015 to Aug 2016:
Indians: 1,179
Americans: 982

The split among L:12m, B and C permits were:
Indians:
L:12m: 75.0%
B: 24.7%
C: 0.3%

Americans:
L:12m: 30.1%
B: 68.9%
C: 1.0%

For details, see this link, workbook 3-40, Last 12 Months:

https://www.sem.admin.ch/sem/de/home...v/2016/08.html

L:12m above means L permit of 12 or more months duration.
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  #23  
Old 26.07.2017, 21:59
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Re: Work Permit Confusions and transparency

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Dbarca22,

Regarding your question about immigration lawyers being helpful or not...

It seems you plan to go to a Swiss university, and therefore it may not be necessary to even hire an immigration lawyer when it comes to find a position post-graduation.

I'm also a non-EU on an L stagiaire permit now, trying to be hired on a full contract with the same company. Although my company is enormous and international, somehow my HR team here in Zurich has barely a clue about the process for hiring non-EU employees. They thought this application for a B permit was just some formality, and only once it got rejected, are they starting to consider the application more seriously.

We will resubmit my application in the next few weeks, and I definitely plan to hire (ask HR to share costs) for an immigration lawyer to (at a minimum) review the entire application package before submitted it again to Zurich authorities.

4-6 weeks (average work permit processing time in Zurich canton) to wait is a long time in life to be unsure about your future. If you have an unbiased professional to review the application, it can only give you the best peace of mind possible in such circumstances. Of course your HR has to agree to work with a lawyer.

I have another non-EU (US) friend who went to university here in Zurich, graduated, found a job in Zurich, and his initial application also got rejected. Only when the HR team hired an immigration lawyer, who helped them write a 10+ page appeal letter, did they approve the work permit for him.

I strongly recommend getting an immigration lawyer involved if it starts to get complicated (rejected initial work permit, etc). Message me again in a couple months, and I'll tell you if I think my lawyer is worth his salt (if my permit is approved in round 2, with his assistance).

Best of luck!!
Hi! I'm in the same situation, how long did it take in the end to get a response? Did you get it?
Thanks for the info!
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  #24  
Old 22.01.2019, 14:17
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Re: Work Permit Confusions and transparency

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Hi! I'm in the same situation, how long did it take in the end to get a response? Did you get it?
Thanks for the info!
Finally did that appeal with the lawyers assistance helped?
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  #25  
Old 02.03.2020, 16:18
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Re: Work Permit Confusions and transparency

Does anyone had a successful work permit application without lawyers assistance? It would be helpful to read some concrete cases...
Thanks a lot!
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  #26  
Old 02.03.2020, 16:40
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Re: Work Permit Confusions and transparency

I've never heard of anyone needing a lawyer to get a permit here.

Tom
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  #27  
Old 03.03.2020, 15:25
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Re: Work Permit Confusions and transparency

I have done it both ways (with and without a lawyer) and I would say that both can work, but it depends on exact circumstances, in particular the experience of the HR and lawyers involved. Some points:
- HR that has a track record getting suitable permits in similar situations is as good as a specialized lawyer
- If HR has no clue, it is better to have a specialized lawyer involved, but it could be tricky to get HR to work with the lawyer
- If the lawyer has little experience in this specific area, he won't be of much help

Once the permit is issued, one can also sometimes "unlock" it without involvement of the company (just working with the lawyer), provided one has an open-ended contract that continues.

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Does anyone had a successful work permit application without lawyers assistance? It would be helpful to read some concrete cases...
Thanks a lot!
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  #28  
Old 13.05.2020, 00:18
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Re: Work Permit Confusions and transparency

Hi everyone,


I am a non-EU citizen located at the moment in Italy.



I might be offered a work contract in Switzerland, therefore, I wanted to remove some doubts to be able to make a decision in case I need to.


My question is: Withing the process of work permit/visa application, when is the right/secure moment to resign from my current job?


I had some doubts if I will be signing the contract with the new employer at the beginning of the process or after the employer received the approval from the SEM (usually the moment of signing the new contract is when you resign from the current position)? if yes, I guess at that moment there is no certainty that I will get approval on the work visa, therefore It does not make sense to resign from the current position in Italy. Maybe the right moment to resign would be after the approval from the "SEM Admission Labour Market", What do you think?
I guess after the SEM approval, it is confirmed that the visa would be issued. But in this case, my new employer in Switzerland (which have been already waiting for the SEM approval for about one month) has to wait for another two months (my current position notice period).



Thank you in advance!!
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  #29  
Old 13.05.2020, 03:34
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Re: Work Permit Confusions and transparency

Do not resign from your current job.

Swiss employers are completely used to having to wait, and yes, you must be certain - in writing, with no doubt about it - that you will get a permit to work here, before you enter Switzerland (and therefore also before you resign).

At the moment, due to Corona, there's an unusual backlog of permit applications, because everything was put on hold for about two months. Now they are opening those files again, and beginning to process all the existing applications which have been waiting. If your potential employer put in an application for your permit prior to the Corona stop, then it will now be in the queue to be processed.

If that potential employer had not yet put in an application before March, then they may do so now... but please know that the circumstances in Switzerland (and maybe even those of the potential employer) have changed significantly over the past 2 months. There is much more unemployment now, so positions are more likely to be filled with people who are already living in Switzerland, with established permits, or Swiss people. Since you are non-EU, any employer who wants you will have to demonstrate very, very well, why you, specifically, are the one for the job.

Good luck! And keep in touch with your new employer, from time to time, to ask them whether they need any other documents from you, etc.
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  #30  
Old 13.05.2020, 22:21
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Re: Work Permit Confusions and transparency

Thank you for the reply to my question. Yet, my employee has not made an application.
I will take your advice and will stay in touch with them.



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Do not resign from your current job.

Swiss employers are completely used to having to wait, and yes, you must be certain - in writing, with no doubt about it - that you will get a permit to work here, before you enter Switzerland (and therefore also before you resign).

At the moment, due to Corona, there's an unusual backlog of permit applications, because everything was put on hold for about two months. Now they are opening those files again, and beginning to process all the existing applications which have been waiting. If your potential employer put in an application for your permit prior to the Corona stop, then it will now be in the queue to be processed.

If that potential employer had not yet put in an application before March, then they may do so now... but please know that the circumstances in Switzerland (and maybe even those of the potential employer) have changed significantly over the past 2 months. There is much more unemployment now, so positions are more likely to be filled with people who are already living in Switzerland, with established permits, or Swiss people. Since you are non-EU, any employer who wants you will have to demonstrate very, very well, why you, specifically, are the one for the job.

Good luck! And keep in touch with your new employer, from time to time, to ask them whether they need any other documents from you, etc.
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  #31  
Old 22.06.2020, 19:35
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Re: Work Permit Confusions and transparency

Hi, good afternoon!
I looked many threads here but I am still confused with the last step of Work Permit approval. Could anyone help me?

After SEM issues their approval, it goes to the Cantonal Migration, right?

What do the Cantonal Migration look in the application?

Thanks a lot in advance!
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  #32  
Old 22.06.2020, 22:46
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Re: Work Permit Confusions and transparency

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Hi, good afternoon!
I looked many threads here but I am still confused with the last step of Work Permit approval. Could anyone help me?

After SEM issues their approval, it goes to the Cantonal Migration, right?

What do the Cantonal Migration look in the application?

Thanks a lot in advance!
That's back to front. The cantonal authorities look at the application first and if they give their approval it then goes to SEM. If SEM approves it then it goes back to the cantonal authorities so they can issue the visa.

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