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Old 13.07.2018, 11:04
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Got my work permit but they say no visa required

Hi friends, so I have been offered a job at the hospital in Luzerne..the whole process started in April- this Monday they finally contacted me that they(the hospital) received my work permit from Berne. They are telling me that I do not need an entry visa and that I should go there just as a regular tourist like I did whenever I went for an I interview and then register with the kantons migration office. I brought up the subject about the visa multiple times and they always answer with, " don't worry, we will take care of it; you don't need a visa".


I'm going this next upcoming Monday and wanted some opinions and experiences from you all. Is this normal? I do not want to break any laws but I can't argue with them about the visa situation. Do you think once I'm there and I'll register with the migration office I'll be okay although I did not have a visa??

Thanks in advance
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Old 13.07.2018, 12:01
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Re: Got my work permit but they say no visa required

Sorry, but you've already had the answers you need.

Yes, you need a Type D visa to enter Switzerland for more than 90 days. The hospital has nothing to do with this so forget what they're telling you. As said, check with the embassy/consulate in Italy if you can get the visa done there, otherwise you will have to return to the States to get it.
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Old 13.07.2018, 12:28
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Re: Got my work permit but they say no visa required

@Mimos,
Whatever anyone is telling you to do, ask them to put it in writing.
If they decline to do that, you could ask them ask them which part of which law applies to your situation. Read those laws, and obey them.

The instructions of the government office are much more likely to be accurate than those of your new employer.

If you are an EU citizen, you do not need a visa to enter Switzerland.

Non-EU citizens from certain countries are allowed to enter Switzerland without a visa, but this is typically only
  • for the purposes of being on holiday in Switzerland,
  • for less than 90 days.

Medea is referring to the Type D visa because
  • your purpose in entering Switzerland is not to be on vacation, but to start work, and
  • not for max. 90 days, but longer term.

Since you intend entering Switzerland next week, I agree with Medea that you should see the Swiss embassy/consulate without delay.
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Old 13.07.2018, 12:28
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Re: Got my work permit but they say no visa required

I know I'm just in the middle of this because they're telling me I need to go there next week without a visa. What happens if I enter without a visa right now since they have issued my work permit? Will I be breaking any laws. I'm just so worried- I don't want to lose this job over this..
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Old 13.07.2018, 12:28
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Re: Got my work permit but they say no visa required

Your post and mine crossed.
Do not delay: ask at the Swiss embassy or consulate closest to where you are now.
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Old 13.07.2018, 12:41
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Re: Got my work permit but they say no visa required

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I know I'm just in the middle of this because they're telling me I need to go there next week without a visa. What happens if I enter without a visa right now since they have issued my work permit? Will I be breaking any laws. I'm just so worried- I don't want to lose this job over this..
Depends on the canton. We had someone here from the US a few years ago who came as a student. He came over as a tourist, not waiting for his visa to be issued, and was told to go back to the States and wait for it. He lost a semester of university because he didn't do as he was supposed to.

If you are coming here to start work, then I really suggest before you do anything work-wise you go to the Bern canton migration office and talk to them about this. If they are in an agreeable mood they may issue you a Type D visa without you having to leave the country. If they're not, then you will be told to either arrange to have it issued in a nearby country or go home and get it there.

Amt für Migration und Personenstand
Eigerstrasse 73
3011 Bern

http://www.pom.be.ch/pom/de/index/migration.html

That's assuming you get nowhere with the embassy/consulate in Italy.
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Old 13.07.2018, 14:03
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Re: Got my work permit but they say no visa required

Your future Employer has nothing to say and is not the competent authority to decide if you need a Type D Visa or not.

By law and rules, unless you are a EU, EFTA, national you will need a type D visa. Visa application should be made in the country of residence.
https://www.eda.admin.ch/countries/u.../entry-ch.html

(www.admin.ch is the official website of the Swiss government)

Now, Switzerland has many glaciers but no ICE. Deportation is unlikely and some managed to get in with a tourist visa and get the pre-approved work permit. But as said, if they play hard and by the book you will have to go back and get a proper visa before they issue your work permit.
Btw. such shenanigans like entering as visa free tourist, but intend to work, or change reason of stay, should never be tried if one goes to the US https://www.uscis.gov/visit-united-s...tend-your-stay.
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Old 13.07.2018, 14:14
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Re: Got my work permit but they say no visa required

While it may not result in deportation, a note could be put on your file that you didn't obtain the proper visa - which might make getting a new Swiss/Schengen visa sometime in the future (if you need one) more difficult.
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Old 13.07.2018, 14:27
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Re: Got my work permit but they say no visa required

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Visa application should be made in the country of residence.
This is actually not correct - when the work permit is approved for non-EU then the issuing canton notifies the feds and the visa is 'held' electronically in their system. You can have it printed and glued to your passport in (almost) any Swiss embassy or consulate (recommended to specify where you intend to pick it up so that they can be notified ahead of time)
The visa itself seems to be pretty useless since the residence permit will normally be issued within 90 days so you don't really risk overstaying the tourist limit - mine was only spotted and stamped by the Swiss passport control some 7-8 months after its validity expired.
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Old 13.07.2018, 14:48
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Re: Got my work permit but they say no visa required

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I know I'm just in the middle of this because they're telling me I need to go there next week without a visa. What happens if I enter without a visa right now since they have issued my work permit? Will I be breaking any laws. I'm just so worried- I don't want to lose this job over this..
Why do you think you may overstay? By what date will you have used up the 90 days your tourist visa is good for?
Or do you think your tourist visa will no longer be valid/applicable once the work permit has been issued?
Or what else?
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Old 13.07.2018, 15:10
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Re: Got my work permit but they say no visa required

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Why do you think you may overstay? By what date will you have used up the 90 days your tourist visa is good for?
Or do you think your tourist visa will no longer be valid/applicable once the work permit has been issued?
Or what else?
And what could you, Mimos, do to allay those fears?

I understand completely that you want to do things the right way, you don't want to jeopardise your job, and you don't want to get into trouble with the authorities. I would feel the same. However, I don't understand why you have not already been in touch with the Swiss embassy/consulate closest to where you are now. That's whom I would contact, immediately, if I were in your situation.

Do you feel there is some other aspect which we on this forum could help you to see, so that you could go the Swiss embassy/consulate without delay, and get the real answer, specific to your case?
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Old 13.07.2018, 15:41
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Re: Got my work permit but they say no visa required

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This is actually not correct
It is correct, because should and must are not the same thing.
And you are actually arguing not with me but with the Swiss government https://www.eda.admin.ch/countries/u...k-permits.html
So, you mean to say the Swiss government is wrong
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