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Old 13.02.2019, 17:11
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Going from restricted B permit to unrestricted B permit (non-EU)

Does anyone have experience moving from a restricted B permit ("formation avec activité") to an unrestricted B permit?

This type of B permit appears to be given out to anyone doing teaching/research at a university (except those at the Assistant Prof. level and above). My hunch is that this is an easy way for the cantons to funnel people into non-quota visas.

In practice, there is not really much restriction on this B permit, but the years with it do not count towards a C permit. This is a huge negative for those who want to stay in CH long-term.

Has anyone successfully eliminated the "formation avec activité" clause from their permit while working for a uni, or when moving to another non-academia employer?
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Old 13.02.2019, 19:19
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Re: Going from restricted B permit to unrestricted B permit (non-EU)

Jackpot! We are not under quota.

If you move to non academia you will go through the whole hiring process so you’ll no longer be under formation. You’re only training at the UNi.

You can get upgraded in your Postdoc to a higher non-training position like maître d’assistant, you’ll get a normal B and a hefty salary increase.

I moved to another Uni with a non Postdoc contract, but I still had formation under my permis. HR says it’s a quirk also with the cantons. They submitted my paperwork for a full B but Geneva does what is easiest for them.

If you get an unrestricted B (one way or another), the years on the restricted one count.
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Old 13.02.2019, 21:28
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Re: Going from restricted B permit to unrestricted B permit (non-EU)

Thanks for the reply. That is as I thought - not possible to move to a normal B permit while in a non-permanent academic position...

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If you get an unrestricted B (one way or another), the years on the restricted one count.
Is this true? And if so, is this written down somewhere? So, one could potentially be a postdoc for 4 years, then move to a private sector job for 1 year and be eligible for a C permit?
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Old 14.02.2019, 11:36
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Re: Going from restricted B permit to unrestricted B permit (non-EU)

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Is this true? And if so, is this written down somewhere? So, one could potentially be a postdoc for 4 years, then move to a private sector job for 1 year and be eligible for a C permit?
It's spelled out article 34.5 of the AIG (law on foreigners and integration). And you actually need to spend two years being normally employed on a B permit (so, on a contract for longer than a year) before the years on an academic B permit begin to count.

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Vorübergehende Aufenthalte werden an den ununterbrochenen Aufenthalt in den letzten fünf Jahren nach den Absätzen 2 Buchstabe a und 4 nicht angerechnet. Aufenthalte zur Aus- oder Weiterbildung (Art. 27) werden angerechnet, wenn die betroffene Person nach deren Beendigung während zweier Jahre ununterbrochen im Besitz einer Aufenthaltsbewilligung für einen dauerhaften Aufenthalt war.
It's actually not restricted to employment on a long contract, any B permit with a 'non-temporary' purpose of stay counts, e.g. were you to marry a person with a B or better permit or a Swiss, you would be eligible to apply for a C after having that B permit for 2 years.
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Old 14.02.2019, 12:09
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Re: Going from restricted B permit to unrestricted B permit (non-EU)

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It's spelled out article 34.5 of the AIG (law on foreigners and integration). And you actually need to spend two years being normally employed on a B permit (so, on a contract for longer than a year) before the years on an academic B permit begin to count.
Amazing. Thank you for finding this! Maybe I should sit down one weekend and read the entire Act 142.2...
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Old 15.02.2019, 00:02
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Re: Going from restricted B permit to unrestricted B permit (non-EU)

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Amazing. Thank you for finding this! Maybe I should sit down one weekend and read the entire Act 142.2...

Please do, and enlighten the rest of us


I never knew that any B counted, I always thought you had to have your own working B of > 1 year.


This is my fifth year, so maybe I should get married soon.
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