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Old 17.11.2016, 16:44
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Non EU, B Permit, possibly getting laid off

I have strong reason to believe that our team will be laid off in the coming weeks, I have a valid B permit until mid of 2017, but its tied to my current job.

Does this mean I can stay until my permit expires or do I have to leave immediately in case of being laid off? I'm trying to think about what should be my next course of action, any advice would be most helpful.
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Old 17.11.2016, 17:02
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Re: Non EU, B Permit, possibly getting laid off

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I have strong reason to believe that our team will be laid off in the coming weeks, I have a valid B permit until mid of 2017, but its tied to my current job.

Does this mean I can stay until my permit expires or do I have to leave immediately in case of being laid off? I'm trying to think about what should be my next course of action, any advice would be most helpful.


AFAIK your permit is tied to your employer = no employment equals no permit.


You can check this thread, maybe you find something helpful:


Non-EU citizen lost job in 9 months (B permit)
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Old 17.11.2016, 17:18
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Re: Non EU, B Permit, possibly getting laid off

>Join Date: Nov 2009

Can't you just apply for a C permit? Only 5 years needed if you pass language test
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Old 17.11.2016, 17:22
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Re: Non EU, B Permit, possibly getting laid off

In Kanton Zürich they asked me for a confirmation from my employer that I was still employed with an unlimited contract. Not sure whether they will accept RAV (if that is possible at all) as employer?


OP, do call the RAV and ask for advice!
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Old 17.11.2016, 17:34
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Re: Non EU, B Permit, possibly getting laid off

He's still employed, so why not apply now.
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Old 17.11.2016, 17:38
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Re: Non EU, B Permit, possibly getting laid off

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Does this mean I can stay until my permit expires or do I have to leave immediately in case of being laid off?
You can stay until it expires.
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Old 17.11.2016, 17:41
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Re: Non EU, B Permit, possibly getting laid off

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You can stay until it expires.


Really, a permit that is tied to an employer? If you no longer have that employer, how can the permit be valid?
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Old 17.11.2016, 17:46
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Re: Non EU, B Permit, possibly getting laid off

Yes really. That status only affects amount of paperwork you/your new employer has to do to change job and extend it. I'm pretty sure you can even get unemployment benefits until they kick you out of the country when it expires
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Old 17.11.2016, 17:49
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Re: Non EU, B Permit, possibly getting laid off

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Yes really. That status only affects amount of paperwork you/your new employer has to do to extend it.


I am not sure if this is the case and true but for OP I sincerely hope so.


I´m sure some experts will be here soon to give more detailed advice.
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Old 17.11.2016, 18:00
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Re: Non EU, B Permit, possibly getting laid off

The reasons under which your residence permit can be revoked are given by https://www.admin.ch/opc/de/classifi...t.v61-62%20AuG

Losing your current job which gave you the permit is not one of them.

Expiration of the old permit and refusal of authorities to give a new one (e.g. because you didn't find a new job) is how you'd normally get kicked out following a job loss.

Last edited by 3Wishes; 17.11.2016 at 20:18. Reason: fixed link, I hope
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Old 17.11.2016, 18:39
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Re: Non EU, B Permit, possibly getting laid off

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The reasons under which your residence permit can be revoked are given by Art. 61-62 AuG

Losing your current job which gave you the permit is not one of them.

Expiration of the old permit and refusal of authorities to give a new one (e.g. because you didn't find a new job) is how you'd normally get kicked out following a job loss.
Thank you for the information and the link.

When it is a serious matter like this topic then other people should refrain from guessing the answer and then submitting the answer as a fact
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Old 17.11.2016, 18:47
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Re: Non EU, B Permit, possibly getting laid off

Maybe you shouldn't ask for random strangers opinions on an anonymous internet forum then, but go straight to a lawyer
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Old 17.11.2016, 19:18
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Re: Non EU, B Permit, possibly getting laid off

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Maybe you shouldn't ask for random strangers opinions on an anonymous internet forum then, but go straight to a lawyer
Why did you groan me for thanking you.

Or is "other people" a too complicated phrasing for you?
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Old 17.11.2016, 20:14
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Re: Non EU, B Permit, possibly getting laid off

I think you'll find this is more likely to be the relevant part of the Act:

"3.3.3 Autorisation de séjour

L’autorisation de séjour peut être prolongée aussi longtemps que l’étranger peut prétendre à des indemnités de l’assurance chômage ou qu’il participe à un programme d’occupation. S’il reprend une activité, les dispositions générales sont applicables.

Lorsque le but du séjour est atteint, l’étranger titulaire d’une autorisation de séjour à caractère temporaire est tenu de quitter la Suisse, à moins qu’il n’obtienne une autorisation de séjour à un autre titre. L’intéressé doit attendre la décision à l’étranger à moins que les conditions d’admission ne soient manifestement remplies (art. 17 LEtr). Les séjours à caractère temporaire comprennent notamment les séjours pour traitement médical, études, stages ou tout autre type de formation ainsi que les séjours pour une activité de durée limitée (art. 54 OASA)."

"The residence permit may be extended as long as the foreigner is entitled to unemployment insurance benefits or participates in an occupation program. If it resumes an activity, the general provisions are applicable.

When the purpose of the stay is reached, a foreigner holding a temporary residence permit is required to leave Switzerland, unless he is granted a residence permit in another capacity. The person concerned must await the decision abroad unless the conditions for admission are clearly fulfilled (Article 17 LEtr). Temporary stays include stays for medical treatment, studies, training periods or any other type of training as well as stays for an activity of limited duration (Article 54 OASA)."

https://www.sem.admin.ch/content/dam...ngen-aug-f.pdf
(page 68)

His "purpose of stay" will be reached when he no longer has a job here. IF he can get unemployment then he can stay and look for another job, but if he can't then he will have no permit and will have to leave the country.

This isn't a case of revocation, but that the permit simply becomes invalid if he doesn't have either a job or access to unemployment. farhaneee, as soon as you know definitely you're being made redundant you must contact your local RAV office to check if you are entitled to unemployment or not. Only then will you know how long you may be able to stay here.

ivank I can't get that link to work with either IE10 or Firefox. IE10 comes up with page can't be displayed and Firefox just does nothing when I click on it.
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Old 17.11.2016, 20:29
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Re: Non EU, B Permit, possibly getting laid off

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Maybe you shouldn't ask for random strangers opinions on an anonymous internet forum then, but go straight to a lawyer
You seem to make a lot of noise about a variety of subjects
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Old 17.11.2016, 21:30
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Re: Non EU, B Permit, possibly getting laid off

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This isn't a case of revocation, but that the permit simply becomes invalid if he doesn't have either a job or access to unemployment.
The permit wouldn't become invalid because of that. He can sit on his lazy ass all he wants and can afford to, until it expires. They simply wouldn't extend it. He'd have to either get a job which would entitle for another B, or a C permit - that one allows you to do nothing for as long as you can afford to (they can kick you out on C mainly if you'd start living off welfare).

But the first rational thing to do after a lay off would be indeed to contact RAV asap and start getting your money's worth for all those years when you paid $$$ in unemployment insurance to them.

Unemployment benefits aren't technically welfare, but I hear they still don't really like handing out permits to people on them, so I wouldn't strongly count on getting your B extended next year if you're still unemployed by then.
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Old 17.11.2016, 22:04
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Re: Non EU, B Permit, possibly getting laid off

If a permit can become invalid if you're out of the country for more than 6 months then it can become invalid if you no longer have the job which gave you the permit in the first place.

And again wrong on the C permit.

"Art. 63 Revocation of the permanent residence permit

1 The permanent residence permit may be revoked only if:
a. the requirements of Article 62 letter a or b are fulfilled;
b. the foreign national has seriously violated or represents a threat to public security and order in Switzerland or abroad or represents a threat to internal or external security;
c. the foreign national or a person they must care for is dependent permanently and to a large extent on social assistance.

2 The permanent residence permit of foreign nationals who have resided in Switzerland in a law-abiding manner for an uninterrupted period of more than 15 years may be revoked only on the grounds set out in paragraph 1 letter b and Article 62 letter b.

Revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from Switzerland.1"

Practically the same reasons that I assume you linked to for B permits.
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Old 17.11.2016, 22:29
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Re: Non EU, B Permit, possibly getting laid off

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If a permit can become invalid if you're out of the country for more than 6 months then it can become invalid if you no longer have the job which gave you the permit in the first place.
There's no logic in what you just wrote here.

The 6 months rule exists there in that law only because you're supposed to deregister yourself if you leave Switzerland for that long anyway. If you don't - they'll void your permit postfactum with the help of that clause.

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And again wrong on the C permit.
Exactly where wrong? I didn't want to get into details, but welfare is the main thing that can possibly get you off C - please demonstrate how this saying is wrong. The other two revocation reasons are relatively insignificant if you're a law-obiding, non-trouble-making citizen. Art 63c AuG that you yourself quote: "The permanent residence permit may be revoked if ... the foreign national ... is dependent permanently and to a large extent on social assistance.".
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Old 17.11.2016, 22:48
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Re: Non EU, B Permit, possibly getting laid off

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There's no logic in what you just wrote here.


Exactly where wrong? I didn't want to get into details, but welfare is the main thing that will get you off C. The other two revocations reasons for C are relatively insignificant if you're a law obiding citizen. Art 63c AuG that you yourself quote: "The permanent residence permit may be revoked if ... the foreign national ... is dependent permanently and to a large extent on social assistance.".
You can say the same for law abiding B permit holders. I'm pointing out that apart from one line which is not included in the C permit revocation details the possible reasons for revocation of a permit are exactly the same for all types of permit - L, B and C.

And don't forget the permanent resident second paragraph:

"2 The permanent residence permit of foreign nationals who have resided in Switzerland in a law-abiding manner for an uninterrupted period of more than 15 years may be revoked only on the grounds set out in paragraph 1 letter b and Article 62 letter b."

So if you've been here for more than 15 uninterrupted years, which many people will have been, being on social assistance won't do it either providing you're a law abiding citizen. The Swiss government is currently looking at all these things during the process to update/change the law on getting and keeping permits.

http://www.englishforum.ch/permits-v...-c-permit.html
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Old 17.11.2016, 22:51
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Re: Non EU, B Permit, possibly getting laid off

15 years thing and proposed changes to legislation are exactly the kind of way-too-much-details-thing that I didn't want to get into when writing my original post. They are not relevant to the OP! It was just a side remark that with C you don't have to work at all (if you can afford to, of course) and you won't get kicked out of the country for that, you'll keep getting your C renewed. Unlike B.
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