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Old 29.11.2017, 05:51
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non-EU/EFTA national with Swiss university degree: question about priority rule

There are many threads on this topic but I have a remaining question regarding the provisions that allow non-EU/EFTA nationals who graduate from a Swiss university (such as me) to seek a job in the Swiss market on equal footing with Swiss and EU/EFTA nationals.

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

This summary is more specific:

https://carriere.epfl.ch/files/conte...%20EN%20v2.pdf

There seem to be two key things:

1) Graduates can apply for a temporary residence permit for up to 6 months after graduation to look for work.

2) If they find a job, the employer does not have follow the priority principle for Swiss citizens, residents, or EU/EFTA nationals, but does have to prove that the job has significant scientific or economic interest.

My question is: does the exemption from the priority principle (#2 above) only last for 6 months after graduation, or does it last indefinitely?

For example, I might work outside Switzerland for a few years after graduation but then wish to return to work in Switzerland. In this case I know I could no longer apply for the temporary residence permit (#1 above). But I am wondering whether the employer could still ignore the priority principle (#2 above).

Thanks in advance (and thanks to all the active members who put so much useful information on this forum).
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Old 29.11.2017, 09:32
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Re: non-EU/EFTA national with Swiss university degree: question about priority rule

It only applies for the first 6 months. After that you're under the non-EU hiring rules regardless of where your degree came from.

To get a student permit you had to agree to leave Switzerland after your studies. This measure is a way to allow newly graduated students a chance to find a job rather than having to leave the country straight after graduation.
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Old 29.11.2017, 09:53
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Re: non-EU/EFTA national with Swiss university degree: question about priority rule

Thanks.

A follow-up, more specific to my situation: does anyone know whether international schools have used this provision to hire non-EU teachers? It seems unlikely, given the description of the requirements in the thread below.

(In my case, I have previous school teaching experience and am earning a PhD in the subject I would teach.)

https://www.englishforum.ch/permits-...tive-help.html




Quote:
for the "scientific and economic interest" clause, Section 3c says

Hohes wissenschaftliches Interesse:
In Frage kommen qualifizierte Wissenschaftlerin und Wissenschaftler in Bereichen, in denn sie ihre erworbenen Fahigkeiten auf hohem Niveau ausüben können. Es handelt sich dabei in der Regel um wissenschaftliche Arbeiten in der Forschung und Entwicklung, in der Anwendung neuer Technologien oder um die Anwendung von erworbenem Know-how in Tätigkeitsgebeiten von hohem wirschaftlichen Interesse.

(from Google translate) High scientific interest:
Come into consideration qualified scientist and researchers in areas, in which they can exercise their acquired skills at a high level. These are usually for scientific work in research and development, in the use of new technologies or the application of acquired knowledge in field of activity of high economic and business interest.
______________________________

Section 3 d says:
Hohes wirtschaftliches Interesse:
Ein hohes wirtschaftliches Interesse kann vorliegen, wenn für die abgeschlossene Fachrichtung ein ausgewiesener Bedarf auf dem Arbeitsmarkt besteht, die abgeschossene Fachrichtung hoch spezialisiert ist und auf die Stelle zugeschnitten ist, die Besetzung der Stelle im Rahmen einer Projektinvestition unmittelbar zusätzliche Stellen schafft oder neue Aufträge für die Schweizer Wirtschaft generiert.

(from Google translate) High economic interest:
A high economic interest may exist if the completed discipline a proven need in the labor market, the completed discipline is highly specialized and tailored to the point is, the filling of the post created as part of a project investment immediately additional jobs or new jobs for the Swiss economy generated.
______________________________

This still leaves room for the cantonal offices to interpret it subjectively. I suppose the employer will have to explain how the applicant and job fulfill atleast one criteria in these sections while applying for a permit. It seems designed to mainly ensure that the job is suited to the field of study. It will be easier for engineering and science graduates.
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Old 29.11.2017, 10:03
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Re: non-EU/EFTA national with Swiss university degree: question about priority rule

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Thanks.

A follow-up, more specific to my situation: does anyone know whether international schools have used this provision to hire non-EU teachers? It seems unlikely, given the description of the requirements in the thread below.

(In my case, I have previous school teaching experience and am earning a PhD in the subject I would teach.)

https://www.englishforum.ch/permits-...tive-help.html
Any company/institution/school has this provision
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Old 29.11.2017, 11:08
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Re: non-EU/EFTA national with Swiss university degree: question about priority rule

Thanks, but I am wondering if international schools have successfully made the case that a non-EU teacher hire is of particular economic importance, under the guidance quoted above.
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Old 29.11.2017, 23:31
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Re: non-EU/EFTA national with Swiss university degree: question about priority rule

Hey,

I am (sort of) in the same situation! Will graduate from Swiss uni next year and non-EU! I actually posted on this forum a few days ago

Regarding your particular case, I don't know if you mean school as in university or just regular compulsory education. But if it's worth anything, my aunt, who was non-EU, and not even a graduate from a Swiss uni (although it wouldn't matter because this was 20 years ago and this law is very new), got the Ecole Hôtelière de Lausanne to apply for her permit when she first moved to Switzerland. They had to hire lawyers to prove why only she could fit the role (it wasn't even a very specific role, she was in management), but she got it. She's a Swiss citizen now. She had some experience as a professor at the time, but only a few years.

Then again, this was 20 years ago, so I assume law interpretation may be stricter now (if people's pessimism on this forum is anything to go by )

Universities also have quite a lot of non-EU professors as you may know, so I'm pretty sure they do this. I don't know about primary and secondary schools though.
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Old 30.11.2017, 07:20
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Re: non-EU/EFTA national with Swiss university degree: question about priority rule

Quote:
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Then again, this was 20 years ago, so I assume law interpretation may be stricter now (if people's pessimism on this forum is anything to go by )

Universities also have quite a lot of non-EU professors as you may know, so I'm pretty sure they do this. I don't know about primary and secondary schools though.
Nothing to do with pessimism but simply with facts.

And there is a difference in finding a university professor and teachers for a school, especially as there are a lot of teachers in Switzerland
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