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Old 04.09.2017, 17:26
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Work permit for Syrian nationals

Hi all, and thanks for all the useful posts around in the forum, I have always been a reader, and time arrived when I may need your suggestions.

The situation is the following:
I am a Syrian national, came 8 years ago (before the war started) for Masters study, and now I am PhD student with study-B permit since 2009.

Two days ago, I signed a contract with a company in Zurich which will start on December this year, and her it comes the problem: permit permit permit.

So, I am a third-country national, but what is different here is that I am from a war-zone country, what is more different is that I am NOT a refugee as I came before the war as a normal student.

The question is: is anybody aware of similar cases or official/unofficial facilitation of permit-granting process if the person will be eligible for N-permit (as the country cannot depart me back to Syria being an unsafe ware-zone) in case he is not granted the work permit?

The bottom-line here is: I don't want to survive receiving help or aid as not being able to return to Syria, I want to work and pay taxes as an employed person.

Any help or suggestions and really appreciated, and thanks to all in advance.
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  #2  
Old 04.09.2017, 17:52
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Re: Work permit for Syrian nationals

If you have studied to that level in Switzerland, are you not considered the same as CH/EU for 6 months after studying? Hence job contract = permit?
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Old 04.09.2017, 18:02
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Re: Work permit for Syrian nationals

If you graduated from a Swiss uni then you should come under the non-EU graduate system.

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

So check with the cantonal migration office if you qualify and hopefully the new job will meet the criteria.

If not then your potential new employer must apply for a permit on your behalf and show why they can't find a Swiss/EU national who could do the job.

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

Otherwise, nothing really applies. Just because there's a war going on, doesn't mean you can't return to the country. Unless you can provide evidence that you personally are in danger there's no other permits possible unless you claim asylum - and there's no guarantee you'd be allowed to work if you do.
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Old 04.09.2017, 18:29
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Re: Work permit for Syrian nationals

Non Eu working permits already have reached the max amount this year. But i do not know for certain that this also goes for those who do it by using the special rulings they have for people who just graduated.

Also it is not a general rule, but will be viewed per case and depending on what kind of job it is you might get a permit.
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Old 04.09.2017, 18:30
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Re: Work permit for Syrian nationals

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If you have studied to that level in Switzerland, are you not considered the same as CH/EU for 6 months after studying? Hence job contract = permit?
Nope.

provided the prospective position involves an activity of particular scientific or economic importance.
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Old 04.09.2017, 19:00
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Re: Work permit for Syrian nationals

Thanks for the replies,
Indeed, I am a graduate from a Swiss institute, actually I have a superiority certificate being the first student of the class. but this was 5 years ago, and I will not graduate soon from PhD unfortunately. Accordingly I am not sure if the same law is enforced after 6 months of graduation. It is actually not clear whether the 6-month period is a restriction or grant (a job-seeking permit of six month).

Back to Medea, to my knowledge (I am not 100% sure), as long as the country is considered being "risky" due to an "internal armed conflict", this is considered as "(concrete endangerment of the foreign national)" which entitles an F-permit (not N as I mistakenly wrote earlier). Not necessarily accepted as Asylum candidate, however not departed away.

I actually did ask two lawyers here, they both said that Switzerland will not depart me back unless the war is over or if I am willing to, but non could give me clear answer whether this has better chances or it plays any role in getting a work permit.
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Old 04.09.2017, 19:18
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Re: Work permit for Syrian nationals

Well, you will graduate soon because you can only be in school here for a maximum of 8 years and you've reached that.

You don't really fall under the F permit category either since that's for people who've been ordered to leave the country for whatever reason, but can't be deported due to various circumstances. You haven't been - yet. And if such a permit was granted, again there's no guarantee you'd be allowed to work.

The 6 month rule allows non-EU graduates to apply for an L job seeker permit. Usually these seem to be issued for an initial 3 months with the possibility of a 3 month extension if you haven't found a job yet. If you don't find a job within the 6 months then you have to leave as you agreed to do when you applied for your student permit.
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Old 05.09.2017, 03:48
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Re: Work permit for Syrian nationals

Thanks again for the note, I didn't know about the 8 years limit. are you sure about it? I know about the 6 years limit for paid academic title (PhD, PostDoc, Associate, Collaborator...etc but not Prof. or Associate Prof.) but not about the 8 years.
I agree i haven't been yet, and I am trying not to be at all hopefully, that's why I started searching around for employment before deadlines.

Anyway, it seems no special conditions exist, officially or unofficially. So, I'll be waiting as others on the quota thing, hopefully I can be proven a better profile than other applicants.

By the way. I know that the EU quota is quarterly released. is it the same for the third-country quota? If yes, any idea when the forth quarter share is released ?
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Old 05.09.2017, 08:25
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Re: Work permit for Syrian nationals

Yes, it's quite clear in the Foreign Nationals Act (Section 5.1.2):

"As a general rule, training or continuing education is permitted for a maximum of eight years. Exceptions are possible only in sufficiently justified cases and must be submitted to the SEM for approval (article 23, paragraph 3, OASA, cf article 4, letter b, ch.1 of the FDJP ordinance authorizations subject to the approval procedure and prior decisions in the field of the right of aliens). This is the case, for example, where a training has a logical structure (eg boarding school, gymnasium, diploma studies, doctorate), it has a specific purpose and is not intended to evade more stringent admission requirements. Subject to special circumstances, persons over 30 years of age can in principle not be granted a residence permit for training. The exceptions must be sufficiently reasoned (see TAF decision C-482/2006 of 27 February 2008)."

https://www.sem.admin.ch/content/dam...ngen-aug-f.pdf

There are no EU quotas except for Romanians, Bulgarians and Croatians. Non-EU will be at the start of the 4th quarter, i.e. October, assuming they haven't already used up the year's supply - which, going by the last few years, is unlikely since the some cantons have been complaining that they've run out as early as August/September.
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Old 05.09.2017, 08:58
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Re: Work permit for Syrian nationals

WAW. how knowledgeable you are "Medea Fleecestealer". Really thanks for your detailed and referenced replies.
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Old 05.09.2017, 09:08
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Re: Work permit for Syrian nationals

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You don't really fall under the F permit category either since that's for people who've been ordered to leave the country for whatever reason, but can't be deported due to various circumstances. You haven't been - yet. And if such a permit was granted, again there's no guarantee you'd be allowed to work.
According to this https://www.sem.admin.ch/dam/data/se...flue-va-en.pdf people who are recognised as refugees get a yearly renewable B permit. An F permit may be as you described, or it may be a temporarily admitted refugee.

The OP's situation seems really to complicated for resolution here. To me it looks like one of those where it's not clear cut, and ultimately it's what the authorities decide. I know Syrian nationals who have F permits. I also know asylum seekers who have been warned by their lawyer not to say anything about wanting to work - it isn't really a criteria for whether you are granted asylum or refugee status. What matters to immigration is your home country situation as it relates to you. Not your ability or desire to work.

You may still be able to get a job, but (depending on Canton), you will be treated like any other third country applicant. I don't know if that would give you a B permit. It would be nice to think so.
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Old 05.09.2017, 09:22
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Re: Work permit for Syrian nationals

Totally agree NotAllThere, which is why rgb/potential employer need to talk to the cantonal migration office to see a) whether rgb would come under the student graduate rules or b) under the non-EU hiring rules. If the latter then the potential employer will have to decide if it's worth the time and expense of making the application. Or c) what other permit possibilities there may be.
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Old 05.09.2017, 13:30
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Re: Work permit for Syrian nationals

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Totally agree NotAllThere, which is why rgb/potential employer need to talk to the cantonal migration office to see a) whether rgb would come under the student graduate rules or b) under the non-EU hiring rules. If the latter then the potential employer will have to decide if it's worth the time and expense of making the application. Or c) what other permit possibilities there may be.
This is exactly what I am seeking an answer for. In fact, it is not quite clear to me what category I am falling under, neither to anyone I have asked (including the foreign office in Lugano). especially regarding the student-graduate rule, which seems to be totally left to the cantonal authorities to decide upon individual cases.
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Old 05.09.2017, 14:00
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Re: Work permit for Syrian nationals

Yes, it is which is why you/the employer need to talk to the cantonal migration office. Until you know whether or not either permit type is possible you can't really do anything. I suggest you talk with them first, taking your employment contract with you, to see if the graudation rule will apply in your case. If they say no, then you need to talk with your potential employer and see if they are willing to apply for a permit on your behalf. If they say no to that, then you'd either need to start making arrangements to leave the country or consult with an immigration lawyer to see whether any other permit such as the F or N is remotely possible - but don't expect to work with one of those. If permission to work is granted I think it's usually not straightaway so you'd possibly be looking at several years where you can't work here before you'd get work rights.
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