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  #41  
Old 16.10.2018, 16:41
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Re: Non-EU B Permit

It also depends on the Canton. A non-EU colleague of me got unrestricted B this year. IT, salary below 120k. St.Gallen.
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  #42  
Old 02.01.2019, 10:37
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Re: Non-EU B Permit

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I managed to get a non-EU B permit a few months ago when I moved to Switzerland (Zurich), as well as a cohabitation (B) permit for my non-EU (unmarried) partner, so it's definitely possible
@Thappect, if possible, can you give me a brief summary of your skillset? I'm in a similar situation and I'm wondering the similar odds..
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  #43  
Old 02.01.2019, 20:36
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Re: Non-EU B Permit

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@Thappect, if possible, can you give me a brief summary of your skillset? I'm in a similar situation and I'm wondering the similar odds..
I'm a tech worker with ~6 years experience including people management. Re: the partner permit we had a lot of trouble there. My partner of ~7 years was initially rejected and we only got in on an appeal (though we think this was partially due to our migration agent botching our application). We have several non-EU friends who had a much easier time getting a partner permit (especially the ones with children). Hope that helps!
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  #44  
Old 02.01.2019, 23:17
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Re: Non-EU B Permit

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I'm a tech worker with ~6 years experience including people management. Re: the partner permit we had a lot of trouble there. My partner of ~7 years was initially rejected and we only got in on an appeal (though we think this was partially due to our migration agent botching our application). We have several non-EU friends who had a much easier time getting a partner permit (especially the ones with children). Hope that helps!
Thank you very much, it really looks like a lottery. There is nothing you can count on and I need to have my fingers crossed at least to get something.
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  #45  
Old 31.01.2019, 18:27
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Re: Non-EU B Permit

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University professors (including EPF, canton universities, and HES), plus their spouse, plus minor children, always get C permit right away. No language or whatever requirement is needed. This is the rule set out by federal and cantons, not the fruit of the negociation of universities.

This is absolutely not true. Nobody gets a straight C permit when they first come into the country. The only ones that come close to it are family and house employees of diplomatic staff who get a Ci but it cannot be considered as a permanent settlement permit as the permit is revoked the minute they are not working at the embassy anymore.



At least in theory, if you have a contract longer than one year you can get a B permit even if you are from non-Eu/EFTA country, no matter what your salary is. In practice it depends on the canton, with some much harder than other as they run out of their quotas much faster (ZH seems to be the hardest).

Check out this video for information about different permits:
https://www.youtube.com/watch?v=2LLpAwGhTOw&t
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  #46  
Old 31.01.2019, 18:56
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Re: Non-EU B Permit

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Nobody gets a straight C permit when they first come into the country.
this is certainly not correct. what do base that information on?
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  #47  
Old 31.01.2019, 19:03
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Re: Non-EU B Permit

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this is certainly not correct. what do base that information on?

Because one of the conditions to receive a C permit is that you have lived a minimum of 5 years in Switzerland (and this without interruption).


You can find the conditions on the SEM webpage for example here:
https://www.sem.admin.ch/sem/en/home...c_eu_efta.html
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  #48  
Old 31.01.2019, 21:57
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Re: Non-EU B Permit

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Because one of the conditions to receive a C permit is that you have lived a minimum of 5 years in Switzerland (and this without interruption).

You can find the conditions on the SEM webpage for example here:
https://www.sem.admin.ch/sem/en/home...c_eu_efta.html
That is just an information page, not a law. As such, it only informs you about the common case and not about any exceptions.
A foreigner getting a full professorship in Switzerland is certainly an exception.

The legal basis for issuing C permits to professors is Art. 34.3 AIG:
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Die Niederlassungsbewilligung kann nach einem kürzeren Aufenthalt erteilt werden, wenn dafür wichtige Gründe bestehen.
It doesn't call out professors in particular, it just says that when there are important reasons for that, the C permit can be issued after a shorter stay.
The judgment whether a reason is important is up to the authorities — in this case, up to SEM.

Now it just so fortunately happens that SEM has published a handbook detailing how exactly it interprets the AIG law in practice.
You can easily find in paragraph 3.5.3.1 of that handbook that they have a standing practice of giving C permits to full professors straight away without any residence or language or integration requirements.

Quote:
Nach ständiger Praxis wird ordentlichen und ausserordentlichen Professorinnen und Professoren, die an einer Universität, an einer Eidgenössischen Technischen Hochschule oder am
«Institut Universitaire des Hautes Etudes Internationales» (IUHEI) unterrichten, die Niederlassungsbewilligung sofort erteilt. Die Erteilung ist zustimmungspflichtig.

...

Die Bedingungen für die sofortige Erteilung der Niederlassungsbewilligung gelten ebenfalls
für deren Ehepartner und die Kinder unter zwölf Jahren, die im Rahmen des Familiennachzugs eingereist sind (Art. 43 Abs. 3 AIG). Die gleiche Regelung gilt für den ausländischen
Ehegatten und die minderjährigen Kinder einer Professorin oder eines Professors schweizerischer Staatsangehörigkeit (Art. 42 Abs. 2 AIG).
Die Integrationskriterien von Artikel 58a AIG und die Anforderungen von Artikel 34 Absatz 2
AIG gelten als erfüllt und müssen nicht zusätzlich geprüft werden.
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  #49  
Old 31.01.2019, 22:03
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Re: Non-EU B Permit

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At least in theory, if you have a contract longer than one year you can get a B permit even if you are from non-Eu/EFTA country, no matter what your salary is. In practice it depends on the canton, with some much harder than other as they run out of their quotas much faster (ZH seems to be the hardest).
In my experience it is completely the other way around in ZH.
I work at a company that employs a lot of very highly paid non-EU people here, mostly on permanent contracts.
Up until about 2017 getting a B straight away was the absolute exception (mostly given to very experienced and older people) and most people had had to work with an L permit for 2 years and have it converted to a B afterwards.
Now it seems everyone is getting B permits straight away.
Heck, I have a non-EU teammate who got hired in 2018 a couple of years after college and they got an open B permit from the start.

I'm a bit bitter about the changed practice since I've had L for two years and now they don't count towards citizenship, but oh well
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  #50  
Old 31.01.2019, 22:03
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Re: Non-EU B Permit

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Because one of the conditions to receive a C permit is that you have lived a minimum of 5 years in Switzerland (and this without interruption).


You can find the conditions on the SEM webpage for example here:
https://www.sem.admin.ch/sem/en/home...c_eu_efta.html
There are exceptions, such as university professors.
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  #51  
Old 05.02.2019, 11:12
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Re: Non-EU B Permit

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In my experience it is completely the other way around in ZH.
I work at a company that employs a lot of very highly paid non-EU people here, mostly on permanent contracts.
Up until about 2017 getting a B straight away was the absolute exception (mostly given to very experienced and older people) and most people had had to work with an L permit for 2 years and have it converted to a B afterwards.
Now it seems everyone is getting B permits straight away.
Heck, I have a non-EU teammate who got hired in 2018 a couple of years after college and they got an open B permit from the start.

I'm a bit bitter about the changed practice since I've had L for two years and now they don't count towards citizenship, but oh well
Thats a news to me Nicht! I am also one such associate whose WP is applied and waiting to hear from them. I have 12 years experience in the IT industry and has a university degree and stayed 4 years on L (2 yrs and then 1 year cooling period and another 2 years).

Now they filed a direct B in Geneva canton for me. (ALthough i was fine for L, my management wanted to try out if I can get B this time considering my previous stays and the current salary and experience )
Salary criteria is fine. But unfortunately my contract is 1 year (from 1st Jan'19 to 31 DEc'19)

As per all the threads i read I don't stand a chance on B, and I will get L.

But thought of asking you from your colleague's experience. Its fine even if i Get L

FYI, its been 6 weeks since applied (19th DEc'18).

I will update in the forum once my approval is done. Thanks in advance,
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  #52  
Old 05.02.2019, 12:34
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Re: Non-EU B Permit

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But thought of asking you from your colleague's experience. Its fine even if i Get L

FYI, its been 6 weeks since applied (19th DEc'18).
My new colleague has a permanent contract from the start, that's the difference. I don't think you can get a non-EU B moving from abroad with a 1-year contract.
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  #53  
Old 06.02.2019, 09:01
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Re: Non-EU B Permit

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My new colleague has a permanent contract from the start, that's the difference. I don't think you can get a non-EU B moving from abroad with a 1-year contract.
Thanks Nich. that clarifies my case ! Mostly( 99.9 % ) i will get a L as I have one year contract . I am going for a managerial role (with 4 teams reporting to me an contract has my name in key personnel list). Nevertheless being 1 year that doesn't add much value i guess.

I will update once I get it. as of now first approval is done in 6 weeks from filing ( 20th Dec'18 to 4th Feb'19 counting the year end holidays. )
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  #54  
Old 02.04.2021, 13:26
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Re: Non-EU B Permit

Hello, hope that my situation can help:

I am originally from China and finished my master study in ETH. I got employed in January in the canton of St Gallen as an engineer. I received directly a B working permit in SG after a year and a half B student permit in ZH. I called the cantonal labour and economy office about my permit and I was told that it is not tied to the employer. They said that it differenciates really from case to case and it only depends on what is stated in the approval from SEM (Sekretariat Fuer Migration) when the employer first applied for this permit.

Maybe your professional expertise and language skills will hint whether your qualification can also be applied to other employers, which might be the reason behind. But if there is any uncertainty, just call the cantonal office or SEM to make sure.

Good luck.
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