Is my working permit secured? Non-EU

jeffreyjf · #1 21.02.2019, 11:54

I accepted my offer at and end of Dec. 2018 for a position at Zurich and my employer has been helping me apply for B permit.

Last week HR notified me that they have already received the first two approvals from cantonal authority and the SEM. But the result from Canton migration office is still pending.

So how's the chance of my application being approved/rejected by the Canton migration office? Can't wait to start my new job.

Many thanks!

#2 21.02.2019, 12:11

How long is a piece of string ?

logo123 · #3 21.02.2019, 12:31

	Quote:	jeffreyjf
	I accepted my offer at and end of Dec. 2018 for a position at Zurich and my employer has been helping me apply for B permit. Last week HR notified me that they have already received the first two approvals from cantonal authority and the SEM. But the result from Canton migration office is still pending. So how's the chance of my application being approved/rejected by the Canton migration office? Can't wait to start my new job. Many thanks!

Guess 50/50
;-)

#4 21.02.2019, 13:52

	Quote:	logo123
	Guess 50/50 ;-)

Nah............ more like 50\50 in my opinion, may even be 6 of one and half dozen of the other

jeffreyjf · #5 21.02.2019, 14:02

I did some research.
https://www.sem.admin.ch/sem/en/home...ensablauf.html

I don't know whether cantonal migration authority will do any screening or not.
I didn't find too much info helpful online. So I come to ask.

I did find this post from history record
https://www.englishforum.ch/permits-...-approved.html

looks might be helpful

NichtsBesonders · #6 21.02.2019, 15:06

It is unlikely to be rejected.
The most important decision was made by the cantonal labor market authorities, that is, to admit you to the cantonal labor market (and consume a unit of that precious non-EU permit quota).
What SEM does is sanity-checking the labor authority decision and checks if you're basically admissible to Switzerland (e.g. that you are not internationally known to be a person who would pose a danger to national security etc.).

I understand that you have those two approvals. The cantonal migration office might ask you to present a police record certificate from your home country, that's about it.

The Zurich migration office has a nice page with a list of documents codifying their practices wrt permits etc. You're interested in this document. They're all in German of course.

jeffreyjf · #7 21.02.2019, 17:36

	Quote:	NichtsBesonders
	It is unlikely to be rejected. The most important decision was made by the cantonal labor market authorities, that is, to admit you to the cantonal labor market (and consume a unit of that precious non-EU permit quota). What SEM does is sanity-checking the labor authority decision and checks if you're basically admissible to Switzerland (e.g. that you are not internationally known to be a person who would pose a danger to national security etc.). I understand that you have those two approvals. The cantonal migration office might ask you to present a police record certificate from your home country, that's about it. The Zurich migration office has a nice page with a list of documents codifying their practices wrt permits etc. You're interested in this document. They're all in German of course.

Thank you so much. Your comment is pretty helpful.
I don't understand German. But I translated part of the text at
https://ma.zh.ch/internet/sicherheit...n_Internet.pdf
with the help of Google Translate

Could you please let me know what does this really mean? I cannot find art.62 AIG. It looks like this is the only place I have found where the cantonal migration office might deny one's permit. Please correct me if my understanding is wrong.
German:
Eine Aufenthaltsbewilligung kann trotz eines positiven Entscheides des AWA verweigert werden, wenn ein Widerrufsgrund nach Art.
62 AIG vorliegt

English:
A residence permit can be denied despite a positive decision of the AWA, if a cancellation reason under Art.
62 AIG is present

NichtsBesonders · #8 21.02.2019, 17:49

	Quote:	jeffreyjf
	Could you please let me know what does this really mean? I cannot find art.62 AIG. It looks like this is the only place I have found where the cantonal migration office might deny one's permit. Please correct me if my understanding is wrong. German: Eine Aufenthaltsbewilligung kann trotz eines positiven Entscheides des AWA verweigert werden, wenn ein Widerrufsgrund nach Art. 62 AIG vorliegt English: A residence permit can be denied despite a positive decision of the AWA, if a cancellation reason under Art. 62 AIG is present

AIG is this one.

Art. 62 says (Google Translated with minimal editing)

	Quote:
	Art. 62 Withdrawal of authorizations and other dispositions 1 The competent authority may revoke authorizations, other than the establishment (C) permit, and other dispositions under this Law, if the foreigner: a.)or his or her representative has given false information or concealed material facts during the approval process; b.) has been sentenced to a longer term of imprisonment or has been ordered to take a criminal sanction within the meaning of Articles 59-61 or 64 of the Criminal Code; c.) has seriously or repeatedly violated public safety and order in Switzerland or abroad, or endangers it or jeopardizes internal or external security; d. )fails to comply with a condition attached to the granted permit; e.) or a person for whom he or she is responsible is dependent on social assistance; f.) has tried in an unlawful manner to obtain Swiss citizenship or has been deprived of it on the basis of a final injunction pursuant to Article 36 of the Civil Rights Act of 20 June 2014; g) fails to comply with an integration agreement for no excusable reason. 2. A revocation that is justified only by the fact that an offense was committed for which a criminal court has already imposed a penalty or measure, but refrained from a deportation order, is inadmissible.

So basically you have to have a clear police record and not be dependent on social welfare (which you're not since you haven't yet immigrated), and that's it.

jeffreyjf · #9 21.02.2019, 18:21

	Quote:	NichtsBesonders
	AIG is this one. Art. 62 says (Google Translated with minimal editing) So basically you have to have a clear police record and not be dependent on social welfare (which you're not since you haven't yet immigrated), and that's it.

Glad to know that! My consultant told me to bring a police record to Switzerland and I've got it already. Finger crossed for my visa authorization letter.

jeffreyjf · #10 23.02.2019, 05:52

	Quote:	mubag
	is this an industrial job or in the university ?

industrial job

esfmef · #11 01.03.2019, 20:52

Hi,
I am nearly in the same situation, but they asked me for extra documents.
Did you get the final decision yet?
Can you please give me some information about the procedure of the applications?
Like:
1. on what field you are working on?
2. What salary you agreed on ( was the salary ok from the cantonal side)
3. How did your Employee managed to prove that there is no any Swiss or eu applicant to fulfill this job?

I would appreciate your reply.
Thanks and wish you the best.

jeffreyjf · #12 05.03.2019, 05:19

	Quote:	esfmef
	Hi, I am nearly in the same situation, but they asked me for extra documents. Did you get the final decision yet? Can you please give me some information about the procedure of the applications? Like: 1. on what field you are working on? 2. What salary you agreed on ( was the salary ok from the cantonal side) 3. How did your Employee managed to prove that there is no any Swiss or eu applicant to fulfill this job? I would appreciate your reply. Thanks and wish you the best.

Hi,

I am still waiting.

1 I am on IT.
2 My salary is above 110k.
3 My Employer hired the consultant to take care my application. So to be honest, I don't know the detail how they managed that.

BTW, if possible, could you please let me know what extra documents they asked from you? Hope both of us can get the permit soon.

Wish you all the best!

esfmef · #13 05.03.2019, 07:41

Thanks jeffreyjf for the reply.
They asked to repost the job vacancy to RAV website for ten days, to increase the salary and sign by both parties.
Yes, I hope both of us get the permit.

Wish you the best.

jeffreyjf · #14 05.03.2019, 08:26

	Quote:	esfmef
	Thanks jeffreyjf for the reply. They asked to repost the job vacancy to RAV website for ten days, to increase the salary and sign by both parties. Yes, I hope both of us get the permit. Wish you the best.

Thanks.

jeffreyjf · #15 07.03.2019, 02:53

Just an update. I got my visa authorization letter yesterday. Thanks!

esfmef · #16 07.03.2019, 11:12

	Quote:	jeffreyjf
	Just an update. I got my visa authorization letter yesterday. Thanks!

Congrats!!!

I am happy for you..
Can you tell me when the employee applied for your work permit ( mid of January or later?)
What type of visa you got? B or L?

Good luck and enjoy your work!

jeffreyjf · #17 07.03.2019, 13:45

	Quote:	esfmef
	Congrats!!! I am happy for you.. Can you tell me when the employee applied for your work permit ( mid of January or later?) What type of visa you got? B or L? Good luck and enjoy your work!

My employer applied at the end of January. I believe I will get B permit based on the code on my visa authorization letter, if my understanding is correct.

Sunspace · #18 11.03.2019, 10:50

Congrats Jeffryjf.

My employer applied for my work permit ( non-eu ) at the end of December but still not received. It is Zurich canton. Why does it takes too long although later applicant receive their visa already?.

esfmef · #19 11.03.2019, 10:57

	Quote:	Sunspace
	Congrats Jeffryjf. My employer applied for my work permit ( non-eu ) at the end of December but still not received. It is Zurich canton. Why does it takes too long although later applicant receive their visa already?.

In which field you are? What are your qualifications.. Sometimes the time of processing depends on this.

Sunspace · #20 11.03.2019, 11:14

Aviation engineer with more than 7 years of experience. I don’t know why but it took much longer than I was expecting.