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Old 16.11.2017, 19:05
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Non-EU: student B permit (mit Erwerbstätigkeit) to regular work permit in same canton

Hi All

I have an unanswered situation here. I have searched and checked all relevant threads. I do apologise in advance if I somehow missed some other posts covering my questions. Please point to me if so.

As non-EU, I have been always on student B permit (Ausbildung mit Erwerbstätigkeit) here in CH, first as a PhD student then as a postdoc till now. I recently accepted a job offer from a specialized tech company of my field. The position utilizes a combination of skills that I developed through research at all levels: master, PhD and postdoc. I would say I also have a clear advantage on a language spoken by the main customers abroad. However I know decision on my work permit application, submitted already by the company, would be anything but clear, and the process could be lengthy. It is in the same canton as my current postdoc student B permit. Planned starting date is Jan 1 2018.

My questions are:

1) Are they the same people handling academia B permit (no quota restriction) and regular/industry B/L permit (quota restricted) applications? The situation is: i) my current student B as postdoc expires by end of this year; ii) No one is sure when or if my industry B/L application will get approved... Some say up to 12 weeks; iii) my current student B permit can be further extended for ~2 months from beginning Jan 2018, to finish up a paper.

2) What if I now ask my current postdoc employer to extend my current permit for two months while the industry work permit is being processed? Will I cause confusion to the authorities, or worse, will it somehow jeopardize my chance on the industry work permit? Basicially my intention is to have a student B permit as a backup in case my industry permit application fails. I plan to call the cantonal AWA but I thought I could ask here first.

3) Graduates from swiss universities are entiled for half year stay for job search. Does this also apply to postdoc (as it is also student permit)? I would like this to be my last resort if possible, in case that my industry work permit is dragging way too long or rejected. My prospective employer told me that he knows some cases where postdocs do get 6 months for job search, and I was very surprised to hear that.

As it seems hard to prove for employers that they have tried hard or long enough for hiring local talents, I would be dumb to bet confidently on my chance regarding the work permit application. I hope to plan ahead in case it will not be approved or take very long. A bit long post but I wanted to explain my situation clearly. Anyone can speak of their experiences or knowledge?

Many thanks
CookieMonster
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Old 16.11.2017, 19:22
Medea Fleecestealer's Avatar
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Re: Non-EU: student B permit (mit Erwerbstätigkeit) to regular work permit in same ca

1) Yes they are.

2) There's really no point in doing this. a) It will probably confuse the current permit application process and b) so long as the application is being processed you can stay in Switzerland until a decision has been reached.

3) Yes, it applies to post docs as well.

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

But again don't apply for this until a decision has been reached on the job application.
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Old 17.11.2017, 14:29
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Re: Non-EU: student B permit (mit Erwerbstätigkeit) to regular work permit in same ca

Thanks a lot for your reply.

I was aware from some other posts that I can stay in Switzerland so long the permit application is being processed. In an ideal case, my work permit would be issued before 2018 then the transition would be perfect. (A) Would it be highly unlikely that the application is concluded (hopefully approved) within 4 to 6 weeks after submission (6 weeks would be just before Christmas in my case), with proper arguments and for a non-EU already residing in CH since years?

Regarding your answer to question (3), thanks for the link, which i have seen as well. But it is is kinda unclear if that actually do apply to postdoc as well. All it says is "foreign nationals who have earned a Swiss university-level diploma will be entitled to stay in Switzerland for six more months from the time of completing their education or postgraduate studies." The problem is that even though I can be considered finishing my postdoctal "education/studies", I do not get a degree out of my postdoctoral "studies". Or (B) are the "degree earned" and "completing their education" interpreted separately? To me it sounded like they are not separate. Do you happen to have the exact source regulating such right of 6 month stay after postdoc?

Lastly, lets say I am entitled to stay for another six month from jan 1 2018 upon finishing my postdoctoral contract (say, not extended). (C) My understanding is that I should always apply for a permit, including for such six month stay, BEFORE my current permit expires (Verfallsanzeige usually says, 2 or 3 weeks before expiring of current permit, the application for new permit has to be sent). Is this wrong? It seem to me, according to your suggestion, that I should apply for such 6-month stay only AFTER my current job permit application is rejected. Wouldnt it be safer if I apply while it is being processed if I do not extend my current student B permit as postdoc?

Many thanks
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Old 17.11.2017, 15:36
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Re: Non-EU: student B permit (mit Erwerbstätigkeit) to regular work permit in same ca

The regulation is in the Foreign Nationals Act, section 5.1.3:

"5.1.3 Regulation of the stay of six months and admission facilitated for foreigners graduating from a Swiss university (Article 21, paragraph 3, LEtr)
The employment of foreigners graduating from a Swiss university can be authorized without taking into account the order of priority defined in art. 21, para. 1. If their lucrative activity is of paramount scientific or economic interest (Article 21, paragraph 3, LEtr, concerning the control of the conditions relating to the market of a Swiss university are admitted provisionally in Switzerland at the end of their studies. for a period of six months to enable them to find a qualified job.
The term "high school" refers both to university colleges (cantonal universities, federal institutes of technology [ETH], or subsidized university institutions) and universities of applied sciences (see Article 3 of the Federal Law on Higher Education). support to universities and cooperation in the field of higher education, RS 414.20). Are also considered foreign graduates of a Swiss university in the sense of art. 21, para. 3. Foreigners who have studied in Switzerland only to obtain their master's degree or doctorate.
The regulation of six months' stay for the purpose of finding a job is a cantonal responsibility (code Symic 3662: short-term residence permit for the purpose of finding a job for nationals) third States graduates from a Swiss university, maximum 6 months). In addition to a diploma from a Swiss university, sufficient financial resources and adequate accommodation are required (by analogy with Article 27, paragraph 1, letters b and c, LEtr). When these conditions are fulfilled, the foreigner has a right to the settlement of his conditions of residence.
The period of validity of the short-term authorization begins to run from the date on which the studies completed in a high school or a higher education center have been completed by a diploma. Regardless of whether the diploma has already been awarded or not, a certificate from the school is sufficient. If the diploma was obtained before the expiry of the residence permit for training or continuous training, the time elapsed since the end of studies is deducted from the six-month period of stay."

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

As it says any time from graduation until you apply for the permit will be deducted from the 6 months. But if you apply now with the other application also being pending it may simply confuse the situation, delaying both.

Talk to your cantonal migration office to see what they have to say.
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Old 01.08.2018, 15:05
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Re: Non-EU: student B permit (mit Erwerbstätigkeit) to regular work permit in same ca

Very interested to know if your permis came in time!
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