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Old 05.01.2019, 13:03
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US non-bound to employer B permit job change

A friend of mine is from the USA on a B work permit that is not bound to an employer. She has to renew the permit yearly and has done so without problems so far. She's considering changing jobs and possibly moving from Bern to find a new job in Zurich.

Her permit card only says "Selbst. Ewerbstätigkeit ist bewilligungspflichtig", so I understand this to mean that to be self employed she'd need permission but otherwise changing employers should be no issue. No company name or job position is listed on the card.

She's worried however, that if she changes jobs and doesn't pass the trial period or some other issue like lay-offs causes her to lose her job, that she could end up in a situation where she is unemployed when it's time to renew her permit and then be kicked out of the country. As I understand it, theoretically she should have RAV as her "employer" in this period and it shouldn't be an issue, but things seem to be changing a lot in the last few years.

The questions:
1. We saw that this US person got into a similar situation and apparently left the country (unsure if forced to leave): https://www.englishforum.ch/search.p...0&pp=25&page=2
Other posts talk of the Swiss reducing immigration by not renewing permits when non-EU people are on unemployment.
Is this a real danger?
Could she get kicked out of the country if she's between jobs when the permit expires?
Is there any definitive law on this or is it all "based on interpretation"?
Don't know if it helps, but she works in IT.

2. Does the new employer still have to submit proof that no Swiss or EU job-seekers could be found for a new position that she applies for? Is this true for unlimited B Permits as well as C Permits, or just B, or every time for all non-EU people?

3. Change of Kanton (change of state): Would this make everything much more difficult or would switching to a new employer in Zurich be just as easy as switching in Bern, where she currently is?

Thanks for your help! We've read a lot of related posts, but didn't really find definitive answers and because the immigration policies are changing a lot right now, I thought posting could help. Feel free to link to any other useful posts which are still relevant in 2019!
  #2  
Old 05.01.2019, 20:40
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Re: US non-bound to employer B permit job change

How long has she been here? Any chance she's eligible to apply for C permit before making a move?
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Old 06.01.2019, 12:11
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Re: US non-bound to employer B permit job change

3Wishes, thanks for the quick reply!

She had an L permit for 2 years and has had a B permit for one complete year and is on her 2nd year of the B permit. Would that mean she's had 3 full years and only needs to wait another 2 years before she can apply for C permit or does she have to be on the L permit 2 years and then the B permit for a full 5 years before she's eligible for a C permit?
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Old 06.01.2019, 13:34
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Re: US non-bound to employer B permit job change

I'm not a permit expert, and the rules have changed over the years, so take that for what it's worth.

I think if the Ls were job-related, followed by 3 consecutive years of B, then assuming she met all the other requirements (language certificate, etc.) she could apply for a C permit after a total of 5 years.

Paging Medea Fleecestealer...Any help here?
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Old 06.01.2019, 14:18
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Re: US non-bound to employer B permit job change

I wouldn't assume just because the company name is not on the permit that it's not tied to the employer. If this is the same employer that got her the L permit, it's quite likely it's still tied.

Before she does anything she needs to talk to the migration office to be sure she can change jobs.

As for unemployment renewing the permit, this seems to be a toss up. Years ago it was the case that unemployment regularly renewed the permit. Now, not so much. Personally I think this is related to a tied or not tied permit.

If Your permit is tied and the link with the company is broken then clearly the permit is not needed anymore. If your permit is not tied then they give you time to find a new job. But this is only my theory based on what I've seen. Otherwise, it seems arbitrary.
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Old 06.01.2019, 23:54
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Re: US non-bound to employer B permit job change

In her case, she changed jobs after the 2nd L permit and got so to speak a fresh B permit to work at another company, and this permit does not have the employer listed in comparison to the previous L permit, which did have the employer listed.

All of this has been employment related and consecutive, so in total she's been here say about 3.5 years with the first 2 years on an L permit for employer 1 and the rest on a B permit for employer 2.

So my understanding of her situation would be that the current B permit is not bound to an employer.

Summarizing: if the B permit is not tied to an employer, then she should be able to stay, should she find herself between jobs when her permit is up for yearly renewal. Also she would need 1.5 further years on the B permit to be eligible for a C permit. Can anyone agree or disagree or comment further on this summary?

Thanks everyone for all the help!
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Old 07.01.2019, 00:07
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Re: US non-bound to employer B permit job change

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In her case, she changed jobs after the 2nd L permit and got so to speak a fresh B permit to work at another company, and this permit does not have the employer listed in comparison to the previous L permit, which did have the employer listed.

All of this has been employment related and consecutive, so in total she's been here say about 3.5 years with the first 2 years on an L permit for employer 1 and the rest on a B permit for employer 2.

So my understanding of her situation would be that the current B permit is not bound to an employer.

Summarizing: if the B permit is not tied to an employer, then she should be able to stay, should she find herself between jobs when her permit is up for yearly renewal. Also she would need 1.5 further years on the B permit to be eligible for a C permit. Can anyone agree or disagree or comment further on this summary?

Thanks everyone for all the help!
Yes to the 1.5 years for C permit.

It is not guaranteed that her permit will be renewed if she loses her job. I listed my theory, but since it's been a toss up the last few years, I wouldn't make a move based on that.

And again, to be safe, i'd call the migration office to confirm she can move jobs. They are very helpful.

This is not a situation to rely on Internet advice.
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Old 09.01.2019, 09:44
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Re: US non-bound to employer B permit job change

She found out her "Zulassungscode" is 1402. Does that have any meaning in terms of being bound to an employer or not?
 

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job change, permit b non-working, permit b renewal




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