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Old 20.06.2017, 00:58
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Non EU / L Permit / New Employer / Contract Outsourced to Job Agency

Hi All,

I've scoured through the forums regarding this issue and wanted to add to the topic -- with a job agency involved. So here's the situation:

As the title mentions, I am a Non-EU Canadian holding an L permit for 2 years (extended for 1 month so far through appeal).

Whilst into my 1 month extension I happend to receive a contract offer from a large pharma company in Canton Zug. However this contract was not directly from the company and instead have outsourced this contract to the job agency (for purposes unknown, but I would guess...for head count?)

My questions are:

1) Considering I have exhausted my 2 year limit on an L permit am i eligible for a new work permit under a new company?

2) Can the job agency apply for my work permit on behalf of the company hiring me? We have all the required documents including written explanation to authorities, proof of job advertisements and inadequate candidates, etc. Or would the company itself have to do so? which leads to my next question..

3) Any suggestions on how to approach this? Should I inform company that they must apply for me directly instead of the job agency?

4) I am aware of a so-called cooling period before switching employers -- is there anyway around this if the company can justify urgent need to hire me?

Many thanks in advance fam
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Old 20.06.2017, 05:47
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Re: Non EU / L Permit / New Employer / Contract Outsourced to Job Agency

1) Yes. But I think you may need to formally apply for a D visa abroad first because a) 1 month is too short of a timeframe to get things done in Switzerland and b) you're changing cantons which makes things take even longer.

2) It depends on whose employee you technically are. If you're to be a normal employee of the company, then their HR department are responsible.

3) I would have thought that they would know to do this automatically. Either way, a polite email to whoever's responsible isn't likely to cause any problems.

4) Your 1 month left on your L permit is unlikely to be enough time, so I think you'll likely have to go through the same bureaucracy as someone who's still abroad. Also since you'd be changing Cantons (Zürich->Zoug) the permit would have to be approved by the Zoug authorities.
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Old 20.06.2017, 08:34
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Re: Non EU / L Permit / New Employer / Contract Outsourced to Job Agency

1) Maybe, but as you say:

"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."

That interruption means leaving Switzerland and not being able to apply for a new permit for at least a year is my understanding.

2) As far as I'm aware an agency cannot apply for a non-EU permit, only the employer can do this.

4) Again maybe. These things a judged on individual needs of the employer so there's no way to tell you definitely yes or no. But if an application is made on your behalf by the agency/employer then you can stay in Switzerland until a decision is reached.
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