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Old 28.11.2018, 23:38
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Work permit type for spouse of student B visa (non EU), cantonal restrictions on work

Hello there

I looked at the threads for non eu spouse visa for information. However, my case is slightly different as I am a student.

I am a PhD student at the University of Neuchatel. Previously, I have completed my masters from Bern. We have applied a family reunification visa for my husband. We have received his entry D Visa. I live in Bern and we wish to remain here.

Meanwhile my husband has got an offer from his Company's branch in Zürich. The company has asked us for our opinion whether we wish to continue with the family reunification visa or a company sponsored one. It might take more than a couple of months to get the company sponsored visa and we are not quite willing to wait for a long time.

Here are my questions
(1) What kind of work permit is he likely to receive as I am still a student? We have the means to financially support ourselves but he would like to work.
(2) What is the procedure to obtain approval from the Canton of Zürich such that he may work there while living in Bern?
(3) Is it advisable to first enter on the spouse visa and then try to convert to a company sponsored Visa?

I sincerely appreciate any pointers or suggestions.
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  #2  
Old 29.11.2018, 08:03
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

As far as I know family reunification trumps all others, so the company really couldn't apply for a separate one for him. If it was possible, it would have to be done under the non-EU hiring criteria where they have to prove they can't find a Swiss/EU national who could do the job and that could take months to get approval.

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

You'd have to talk to Zurich migration office about the possibility of working in that canton.

No, you can't convert the permit.
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Old 29.11.2018, 10:27
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

Dear Medea,
I think you got it wrong on this one. what OP is asking for is whether they should apply for a reunification visa based on her student visa or a company approved one that is not linked to her. without any doubt, they should go for a company approved one if the company of her husband can get it because it has long term benefits. the family reunification visa will be tied to her student visa and everyone knows how difficult it is to change jobs or even extend visas for the students. so it is always advised to get an independent work permit.
if the company can successfully get an independent one, this means he can continue working even when his wife's studies are finished, his years are counted for C permit, later when his wife cannot extend the student visa after finishing her studies, she can apply for the family reunification visa based on her husband's visa thus paving the way for a long term stay in Switzerland. we hvae seen several students struggling to extend their permits after completion of studies and this also means their spouses cannot extend their permits even though they have jobs. in the end, they have to leave Switzerland gruntling about the restrictions on the student visas.
to the OP, go for an independent permit for your husband if you think the company can get it for him.


cheers
happycreature
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Old 29.11.2018, 10:57
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

I know what they're asking happycreature. As said, as far as I know family reunification trumps all other permits. They've been granted a family reunification permit already since the husband has his D entry visa. If/when another application goes through the authorities will see he already has a permit granted. Since he already has one I can't see them granting him an independent one.

I may be wrong and if the company is willing to try ... But there are reasons family reunification takes precedence - precisely those points you laid out. To prevent non-EU dependents being able to work independently of the reunification status and so that they can't swop the main permit holder around when the PhD student permit finishes and there's no possibility of getting a job here.

Also they have to bear in mind that if the company does apply that may cancel the family reunification permit they've already been granted and if the company one isn't granted then they would have no permit at all and have to start the reunification process all over again.
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Old 29.11.2018, 11:26
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

Yes Medea, you are right. but the situation is not explained clearly by OP. she says her husband has been granted a reunificition permit and if this is true they cannot apply for an independent one for him as the authorities will see that he already has a permit in the system. i dont know the implications if the OP can withdraw the family reunificaiton permit (an approved one) and ask for an independent one.
then i do not understand why the OP is worried they have to wait 2 months to get a decision on independent permit. this is the normal time taken for any independent permit.
but generally looking at OP's profile, i think an Indian company offered her husband a job (he may be already working in Indian for the same company) and the most he will get is a L permit (which is also easier for the company to obtain). these L permits are very very restricted and a conversion from L-to-B in 2 years is almost impossible for Non EU these days.
so, depending on how long the OP's studies go on and if it is longer than 2 years then it is better to come on a family reunificaiton permit because atleast that way the husband's stay is guaranteed atleast until the end of the studies of the OP.


cheers
happycreature
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Old 29.11.2018, 11:28
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

And to answer another question from OP, what kind of permit does the husband get? he will get the same permit as the OP. so if she has a B permit, the husband wil get a B normally also with permission to work.


cheers
happycreature
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Old 29.11.2018, 12:56
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

@Medea and @HappyCreature,

Thank you so much for your responses. They helped to clear things up a lot. As far as I understood, the authorities are not likely to grant another visa to him unless we cancel the family reunification one. I did not know that.

If the company sponsored visa fails, then we are back to square one. Say, my husband arrives on the family reunification visa and starts working, what is the procedure for procuring an independent visa for my husband if the company is willing (Since Medea also mentioned that there is no way to convert the visa)?

For the record, I spoke to the Migration Office in Bern and they confirmed that my husband does not need permission to work in another canton and also that he will receive the same permit as me (B).
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Old 29.11.2018, 13:11
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

As said, converting the family reunification into an independent one is not possible. It's tied to the family reunification law.

"The possibility of engaging in a gainful activity for family members is related, according to art. 26 and 27 OASA, for the duration of the authorization of the person who has benefited from family reunification. If the spouse's residence permit is not renewed, his family members can not claim a right to continue their gainful activity (Article 6 (2) OASA)."

I.e., if you lose your permit he cannot continue working since his permit is tied to yours. This is because he has bypassed the usual non-EU hiring criteria via the family reunification. So the law makes it easier for him to get a job here, but balances that by not allowing him to continue working if your permit is lost nor can he become the main permit holder.

Only in the case of a divorce would his company be able to apply for a new independent permit, but of course would have to go through the non-EU hiring criteria and there's no guarantee it would be granted.
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Old 30.11.2018, 09:52
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

@Medea, this made a lot of sense. Thank you again for the valuable information and your insight.
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Old 30.11.2018, 10:42
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

Answers to your first question based on my experience in Canton Basel



Quote:
(1) What kind of work permit is he likely to receive as I am still a student? We have the means to financially support ourselves but he would like to work.
I suppose you have a permit B which says Dokotorand (or the French version of it) on the back. If this is the case, he will also get a Permit B with permission to work and will have Family Reunification written on the back.

Quote:
(2) What is the procedure to obtain approval from the Canton of Zürich such that he may work there while living in Bern?
My wife was in a similar situation a few years ago. She got a job offer in Zurich while our permits were from Kanton Basel. The company informed the migration and work departments in Cantons Zurich and Basel that she will start to work in the company. As far as I know nothing else was needed. She also changed jobs and the second one is also in Zurich but was not a problem from the Permit side.

Quote:
(3) Is it advisable to first enter on the spouse visa and then try to convert to a company sponsored Visa?
I think others have already answered this question. I do not have information about this.
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Old 30.11.2018, 11:36
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Re: Work permit type for spouse of student B visa (non EU), cantonal restrictions on

Quote:
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As said, converting the family reunification into an independent one is not possible. It's tied to the family reunification law.
Hi Medea,
This statement is not fully correct. Any non EU person on a family reunification permit can convert to an independent permit if the company is ready to go through the non eu hiring criteria that the person bypassed through the family reunification route.
So the company can start a fresh independent application if it can prove that they have done extensive search and be able to convince the immigration authorities why they need this person. this is basically the non eu hiring criteria.
I agree that it is not common but there are many cases on this forum who could successfully do that.


cheers
happycreature

Last edited by 3Wishes; 30.11.2018 at 22:27. Reason: fixed quote; please take care not to remove HTML tags when quoting :)
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