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Old 11.01.2019, 12:41
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Permit B Validity when your spouse is being fired!

Dear everyone,

My EU passport holding husband got hired in Switzerland on permanent contract, things were great. I, as a non-eu, got a Permit B (valid for 5 years) as a dependent.

Recently, and very unfortunately, he got fired. Can I still keep my permit B? Anyone knows anything about this?

Shell
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Old 11.01.2019, 13:19
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Re: Permit B Validity when your spouse is being fired!

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Dear everyone,

My EU passport holding husband got hired in Switzerland on permanent contract, things were great. I, as a non-eu, got a Permit B (valid for 5 years) as a dependent.

Recently, and very unfortunately, he got fired. Can I still keep my permit B? Anyone knows anything about this?

Shell
As long as his current permit is valid, you are fine. If he is employed or on RAV (unemployment benefits) at his next permit renewal, he'll get a new (edit: corrected, see below) 5 at least one year B permit and you will get another dependent one as well.
I don't think EU B permits are ever rescinded before reaching expiration, as they cannot be tied to the employer or any other conditions. As long as you don't apply for social welfare, you're totally fine.

Last edited by NichtsBesonders; 11.01.2019 at 14:48.
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Old 11.01.2019, 13:50
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Re: Permit B Validity when your spouse is being fired!

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If he is .... on RAV (unemployment benefits) at his next permit renewal, he'll get a new 5 year B permit
Are you sure of that?
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Old 11.01.2019, 13:54
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Re: Permit B Validity when your spouse is being fired!

This is so confusing, I hope someone can help me out here. For some reason, I really want to stay here. I just started a new job, and I am 100% sure my new boss would not help me on this.
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Old 11.01.2019, 14:22
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Re: Permit B Validity when your spouse is being fired!

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Are you sure of that?
Oh you caught me on that one, thanks. Actually what the FZA says is (Art. 6)
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Ein Arbeitnehmer, der Staatsangehöriger einer Vertragspartei ist (im Folgenden «Arbeitnehmer» genannt) und mit einem Arbeitgeber des Aufnahmestaates ein Arbeitsverhältnis mit einer Dauer von mindestens einem Jahr eingegangen ist, erhält eine Aufenthaltserlaubnis mit einer Gültigkeitsdauer von mindestens fünf Jahren, gerechnet ab dem Zeitpunkt der Erteilung der Erlaubnis. Diese wird automatisch um mindestens fünf Jahre verlängert. Bei der ersten Verlängerung kann die Gültigkeitsdauer beschränkt werden, wenn der Inhaber seit mehr als zwölf aufeinander folgenden Monaten unfreiwillig arbeitslos ist; sie darf jedoch ein Jahr nicht unterschreiten.
Which effectively says that the residence permit is prolonged automatically for at least 5 more years, unless the person has been non-voluntarily unemployed for a continuous period of at least 12 months (presumably at the time of applying for an extension).
So in the absolutely worst case, come next extension time, looks like the OP's husband might be given just a one-year B permit to try and find work. So there'll be at least 2 years to find another job (presumably one was already looking during the 12 uninterrupted months of unemployment, plus this extension year).
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Old 11.01.2019, 14:31
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Re: Permit B Validity when your spouse is being fired!

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Oh you caught me on that one, thanks. Actually what the FZA says is (Art. 6)


Which effectively says that the residence permit is prolonged automatically for at least 5 more years, unless the person has been non-voluntarily unemployed for a continuous period of at least 12 months (presumably at the time of applying for an extension).
So in the absolutely worst case, come next extension time, looks like the OP's husband might be given just a one-year B permit to try and find work. So there'll be at least 2 years to find another job (presumably one was already looking during the 12 uninterrupted months of unemployment, plus this extension year).

Great new, I mean I am not worried about him finding a job or not, which I believe he will eventually. All I need to know is that at same time, I work, so that we can live in Switzerland.
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