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Old 08.04.2018, 00:45
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Working permit for Non-EU Spouse of a EU citizen with L Permit

Hello Everyone!

I have the following situation I would like some expert advice:

- I am an Italian Citizen and have been offered a temporary work in Basel, wich will allow me most probably to get an L Permit (renewable every year).
- My husband is a NON-EU citizen and I understand he will be also granted with an L permit tied to mine.

I would like to know what would be his working situation in terms of being able to apply for jobs. Would he be able to work without having any company justifying the employement of NON-EU?

Many thanks in advance! I highly appreciate your help! Best regards!
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Old 08.04.2018, 12:50
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

If he is a professional, ie highly qualified with a university degree then yes he can work without the need for the company to provide justification.
If not it will be a struggle.

Just keep in mind that his permit will end when your permit ends.

Last edited by miniMia; 08.04.2018 at 19:35.
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Old 08.04.2018, 14:47
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

Thanks MiniMia for taking the time to answer. Did you mean that if he IS a professional the company WILL NEED to justify hiring him anyway?
I’m checking as for your wording I was expecting the opposite.
Thanks!
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Old 08.04.2018, 19:35
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

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Thanks MiniMia for taking the time to answer. Did you mean that if he IS a professional the company WILL NEED to justify hiring him anyway?
I’m checking as for your wording I was expecting the opposite.
Thanks!
Oops! I'm typing on my phone. You are correct. I meant 'without'.
Will edit now.
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Old 08.04.2018, 20:36
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

No problem! THanks a lot for the answer.

I find it strange that in another thread I found this info:

“Re: Dependent Work Permit - Non EU
And after looking at the response from Drewboog, it is absolutely clear that a NON EU dependent L permit holder cannot work until a work permit is secured by an employer. the work permit can be secured (or permission can be granted) when the employer can prove that

a) the employer cannot find anybody in Switzerland and EU who can do the job
b) the dependent has professional qualifications and salary and work conditions must be satisfied.”

So I am a bit confused. Maybe the answer is not as traight forward and depends on each specific situation.
I know my husbands permit will depend on mine, but I would lime to know if a future employer may actually need to prove all of that mentioned above or not. Please remember I am EU citizen an he is not.

Thanks a lot for the help to anyone who may be kind enogh to tell me their experience or knowledge.
Best regards!
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Old 08.04.2018, 20:55
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

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No problem! THanks a lot for the answer.

I find it strange that in another thread I found this info:

“Re: Dependent Work Permit - Non EU
And after looking at the response from Drewboog, it is absolutely clear that a NON EU dependent L permit holder cannot work until a work permit is secured by an employer. the work permit can be secured (or permission can be granted) when the employer can prove that

a) the employer cannot find anybody in Switzerland and EU who can do the job
b) the dependent has professional qualifications and salary and work conditions must be satisfied.”

So I am a bit confused. Maybe the answer is not as traight forward and depends on each specific situation.
I know my husbands permit will depend on mine, but I would lime to know if a future employer may actually need to prove all of that mentioned above or not. Please remember I am EU citizen an he is not.

Thanks a lot for the help to anyone who may be kind enogh to tell me their experience or knowledge.
Best regards!
I'm pretty sure that since you're the EU citizen and you're the primary permit-holder, he gets the same rights as you do to work. When your permit ends though, then his ability to continue working also ends. He can't switch to being the primary permit-holder unless an employer goes through the non-EU process to hire him.
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Old 08.04.2018, 21:19
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

Thank you so much 3Wishes!!!

It is now really clear! I appreciate all the help!
Regards!
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Old 08.04.2018, 22:46
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

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No problem! THanks a lot for the answer.

I find it strange that in another thread I found this info:

“Re: Dependent Work Permit - Non EU
And after looking at the response from Drewboog, it is absolutely clear that a NON EU dependent L permit holder cannot work until a work permit is secured by an employer. the work permit can be secured (or permission can be granted) when the employer can prove that

a) the employer cannot find anybody in Switzerland and EU who can do the job
b) the dependent has professional qualifications and salary and work conditions must be satisfied.”

So I am a bit confused. Maybe the answer is not as traight forward and depends on each specific situation.
I know my husbands permit will depend on mine, but I would lime to know if a future employer may actually need to prove all of that mentioned above or not. Please remember I am EU citizen an he is not.

Thanks a lot for the help to anyone who may be kind enogh to tell me their experience or knowledge.
Best regards!
Don't look on here! For many years people were giving incorrect information.

look on official sites. Since you are Italian you can easily look them up. Look particularly for the foreigners act and the rights based on the Swiss inclusion in the Free Movement of people.

still reply by phone so not comfortable looking stuff up!

If you don't find it, I'll look later.
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Old 29.04.2018, 01:45
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

Came looking for similar advise, and it appears the replies here contradict the official Swiss Migrationsamt website, if you are an EU national (but not Croation), then your spouse is entitled to work without restrictions.

https://www.ch.ch/en/family-reunification-eu-efta/

"EU/EFTA citizens holding a Swiss residence permit may bring the following family members to Switzerland under the family reunification programme, regardless of their nationality:"

"The residence permits of your family members have the same period of validity as your own. Spouses and children of EU/EFTA citizens may also take up work in Switzerland. Exception: If the spouse and/or children of Croatian nationals hold a short-stay permit (Type L), they may only take up employment after obtaining authorisation (prior verification of salary and working conditions)."

If I'm reading this wrong, please correct me.

It should also be issued free of charge, contrary to what the official at the embassy initially thought, though this was refunded swiftly with an apology after a complaint.
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Old 29.04.2018, 10:30
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

The Foreign Nationals Act specifies only permanent (C) and residence (B) dependents are able to work without prior authorisation.

"Art. 46 Employment of spouses and children
The spouse and children of a Swiss national or of a person with a permanent residence permit or a residence permit (Art. 42-44) may work on a salaried or self-employed basis anywhere in Switzerland."

https://www.admin.ch/opc/en/classifi...232/index.html

And translated from the French version of the Act.

"4.4.1 Gainful activity of a foreigner's family members (Art. 26 and 27OASA) Art. 26 and 27 OASA provide that the priority (Art. 21 LEtr) given to foreign job seekers already in Switzerland and authorised to work does not apply to the first activity of persons who entered Switzerland under family reunification (Art. 44 and 45 LEtr). This means that in particular holders of a residence permit may not claim priority in respect of persons who have entered Switzerland for the purpose of family reunification.

Family members of foreign nationals who have entered Switzerland for the purpose of family reunification are not subject to the maximum numbers under Articles 19 and 20 OASA.

Only persons entitled to family reunification may invoke the constitutional right to gainful employment (ATF 123 I 212 ff.). Consequently, under the 46 LEtr and 27 OASA, family members of a Swiss citizen or established foreigner may engage in gainful activity without authorisation.

On the other hand, family members of a residence permit holder do not enjoy a right to gainful employment. However, in view of the general objectives of the LEtr (better integration of the foreign population), the legislator has decided not to make the gainful activity subject to authorisation.

The family members of a holder of a short-term residence permit (art. 26 OASA) do not enjoy the right to engage in gainful employment. The exercise of a gainful activity is subject to authorisation. At the time of admission, an application must have been submitted by the employer respecting the pay and working conditions in use in the locality and in the branch. In addition, the family members of a holder of a short-term residence permit (Art. 26 OASA) must have professional qualifications (personal qualifications, Art. 23 LEtr).

The possibility of gainful employment for family members is linked, in accordance with Articles 26 and 27 OASA, to the duration of the authorisation of the person who has benefited from family reunification. If the spouse's residence permit is not renewed, his or her family members may not avail themselves of a right to continue gainful employment (art. 6, para. 2, OASA).

Translated with www.DeepL.com/Translator"

Established is C permit, residence is B and short stay L.

https://www.sem.admin.ch/dam/data/se...aug-kap4-f.pdf

Whether the Free Movement of People Act overrides the above I don't know.
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Old 29.04.2018, 11:11
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

I'm very familiar with the EU law of freedom of movement, it always overrides national immigration law for family members. However Switzerland is not the EU! And you now have me concerned my wife will not be able to work during my stay here.

However your qoutes contradict each other, in this sense, as family of EU are entitled to family reunification no matter the residence permit the EU family member holds.

"Only persons entitled to family reunification may invoke the constitutional right to gainful employment (ATF 123 I 212 ff.). Consequently, under the 46 LEtr and 27 OASA, family members of a Swiss citizen or established foreigner may engage in gainful activity without authorisation."

And from the site I quoted, it say's;

"The residence permits of your family members have the same period of validity as your own. Spouses and children of EU/EFTA citizens may also take up work in Switzerland. Exception: If the spouse and/or children of Croatian nationals hold a short-stay permit (Type L), they may only take up employment after obtaining authorisation (prior verification of salary and working conditions)."

https://www.ch.ch/en/family-reunification-eu-efta/

Why specify family of Croatian nationals holding short stay permits aren't freely entitled to work if other nationalities don't have that right?

From the freedom of movement law,

https://www.admin.ch/opc/de/classifi...648/index.html

It gives the following rights with no conditions specified;

"Right of family members to engage in gainful employment, regardless of their nationality".
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Old 29.04.2018, 12:10
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

They do not contradict each other. Established foreigner is someone holding a C permit. For both B and L dependent permit holders the law is that authorisation has to be sought before they can work. However, the legislator decided not to implement this requirement for B dependent permit holders so they effectively are the same as C permit holders, i.e. don't need prior authorisation to be able to work here. L dependent permit holders still do.

Also remember that very few EU nationals come here for short term work so nearly all will get a B permit straightaway with an employment contract. Only contracts of less than a year get an L.

Croatians are still considered as non-EU's for employment purposes, even though they do have free movement. This is due to Protocal III which outlines a phased integration before full free movement is granted to Croatian nationals. Therefore, any employment is subject to meeting certain criteria and also quotas on the number of permits available.

https://www.sem.admin.ch/dam/data/se...kroatien-e.pdf
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Old 29.04.2018, 12:31
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

I'm in the exact same situation as the OP, I'm an EU (UK) citizen with an L permit and my spouse is a none EU national. The website for EU family reunification only mentions employment requirements for the family of Croatian nationals, which implies there are none for other EU nationals. And the freedom of movement law gives the right for family members to work with no mention of any requirements.

I will call the Migrationamt tomorrow to confirm.
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Old 29.04.2018, 13:58
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

If your wife already has her permit it should be simple to answer - look on the back of it and see if it says "avec activity lucrative". If so, she can work without authorisation.
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Old 29.04.2018, 20:46
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

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If your wife already has her permit it should be simple to answer - look on the back of it and see if it says "avec activity lucrative". If so, she can work without authorisation.
The note on the back only indicates whether she is working or not. Not if she has the right to work or not.

I'm still not sure about Non Eu spouses of EU citizens on L permits. Technically they have the same rights as the spouse. So if the spouse can work without authorization they can as well.
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Old 09.12.2020, 11:22
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Re: Working permit for Non-EU Spouse of a EU citizen with L Permit

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If he is a professional, ie highly qualified with a university degree then yes he can work without the need for the company to provide justification.
If not it will be a struggle.

Just keep in mind that his permit will end when your permit ends.
Thank you for your info MiniMia,

I would like to get some inputs on this:
"Just keep in mind that his permit will end when your permit ends."

What exactly would happen when the permit of the independent spouse terminates? I know the permit of the dependent one also terminates. I am looking for some of best solutions to handle this situation.

I am looking for job and my wife's permit will ends in 6 month. Should I limit my job search only for short-term contracts. Or should I inform my tentative employer during the apply/interview process regarding the situation and then they may offer a solution?

I highly appreciate any opinion.

Best regards!
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