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Old 02.05.2019, 11:55
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L to B non-EU is Level A1 mandatory?

Hi all,
I heard from few sources which even they were not clear that L to B conversion as per latest rules would require A1 certification mandatory. Few said that its not mandatory at least course registration is required. Few said it depends on company who is filling your case. Hence
1. if i need to get proper and correct information regarding this where should i check?
2. Does any one has knowledge about this for aaragu canton
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  #2  
Old 02.05.2019, 13:56
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Re: L to B non-EU is Level A1 mandatory?

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Hi all,
I heard from few sources which even they were not clear that L to B conversion as per latest rules would require A1 certification mandatory. Few said that its not mandatory at least course registration is required. Few said it depends on company who is filling your case. Hence
1. if i need to get proper and correct information regarding this where should i check?
2. Does any one has knowledge about this for aaragu canton
I believe, since 2019, it will be needed for a trailing spouse even for a Permit Extension , so may be you heard that.
For main permit holder , so far there is no language requirements, neither for new L/B permits , extensions or conversions (C permit is an exception)
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  #3  
Old 02.05.2019, 13:59
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Re: L to B non-EU is Level A1 mandatory?

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I believe, since 2019, it will be needed for a trailing spouse even for a Permit Extension , so may be you heard that.
For main permit holder , so far there is no language requirements, neither for new L/B permits , extensions or conversions (C permit is an exception)
Ok great but do we have any offical web page where we can have a look about this information or get it confirmed? I checked various website but did not get proper answer
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Old 02.05.2019, 14:31
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Re: L to B non-EU is Level A1 mandatory?

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Ok great but do we have any offical web page where we can have a look about this information or get it confirmed? I checked various website but did not get proper answer
It's from Zurich. Though looking at it - can infer that being main work permit holder and not knowing language might not help for too long.

https://ma.zh.ch/internet/sicherheit...G_Englisch.pdf
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Old 02.05.2019, 14:39
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Re: L to B non-EU is Level A1 mandatory?

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It's from Zurich. Though looking at it - can infer that being main work permit holder and not knowing language might not help for too long.

https://ma.zh.ch/internet/sicherheit...G_Englisch.pdf
Thanks for sharing and I understand this is for Zurich canton and speaks about retaining C permit. How about L to B for this year 2019 ? Is A1/A2 mandatory for L to B as per latest 2019 rules if "YES" then can i get some link where i can check myself and confirm. I wnet through aaragu canton office website but did not find any information on this.
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Old 02.05.2019, 15:07
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Re: L to B non-EU is Level A1 mandatory?

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Thanks for sharing and I understand this is for Zurich canton and speaks about retaining C permit. How about L to B for this year 2019 ? Is A1/A2 mandatory for L to B as per latest 2019 rules if "YES" then can i get some link where i can check myself and confirm. I wnet through aaragu canton office website but did not find any information on this.
Any other link other than official could be hearsay, so would suggest you talk directly to Aargau Migration Office if office website says nothing
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Old 02.05.2019, 15:20
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Re: L to B non-EU is Level A1 mandatory?

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Any other link other than official could be hearsay, so would suggest you talk directly to Aargau Migration Office if office website says nothing
Perfect suggestion. I called them twice giving a gap of a weeks time as the first person was not sure of his answer.

First receiver said "Minimum needed is registration to some school but not sure for main applicant and dependent also.

Second caller said "yes its mandatory to know German."
I asked is "A1 certificate mandatory ? "
They said " We cant say anything let your company apply and we will decide once file comes to us"
I asked them again to check and confirm me on this in polite way.
They asked we cant confirm let application come to us and asked do i have any other question i said "NO".

But i explained them my condition that if this is new rule i will follow it and respect it but I dont have enough time to learn and clear examination because I need to file in the next month for L to B
Still the person said same " we cant tell anything do u have other question than this: I said "NO" they hung up the call.

So I did not wanted them to call again and fall in lime light.
After all this exercise like calling immigration office, checking lot of websites and forums, asking people, asking my own company HR and immigration teams I did not get proper answer and I landed here with my question

Note: I have no issues to learn german and I have started learning already, but only problem is I am not having enough time to clear certification before work permit application date.
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  #8  
Old 02.05.2019, 15:20
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Re: L to B non-EU is Level A1 mandatory?

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Thanks for sharing and I understand this is for Zurich canton and speaks about retaining C permit. How about L to B for this year 2019 ? Is A1/A2 mandatory for L to B as per latest 2019 rules if "YES" then can i get some link where i can check myself and confirm. I wnet through aaragu canton office website but did not find any information on this.
For main L and B there is no language requirement according federal laws and ordinances.
AIG
https://www.admin.ch/opc/en/classifi...232/index.html
VZAE
https://www.admin.h/opc/de/classifie...993/index.html
SEM Handbook
https://www.sem.admin.ch/sem/de/home...erbereich.html

Except, if you are employed as a caregiver or teacher than you will need A1. See Art. 22a VZAE.
For trailing spouse see Art. 73a VZAE.
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Old 02.05.2019, 15:21
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Re: L to B non-EU is Level A1 mandatory?

Honestly, I would not waste time trying to find official sources and get tied up in conflicting information.

Get a language certificate appropriate to the region of Switzerland where you live, and be done with it. Okay, at A1 you won't be totally done but you'll show effort at integration and that's probably enough for renewal. A2 you'll be ready when it's time to apply for a C permit.

If you speak no German, enroll in a class now before permit renewal time. Then you can show them the certificate if/when asked. Most nationalities will need a language certificate anyway when it comes time to apply for C permit and later, naturalization.
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Old 02.05.2019, 15:27
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Re: L to B non-EU is Level A1 mandatory?

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Honestly, I would not waste time trying to find official sources and get tied up in conflicting information.

Get a language certificate appropriate to the region of Switzerland where you live, and be done with it. Okay, at A1 you won't be totally done but you'll show effort at integration and that's probably enough for renewal. A2 you'll be ready when it's time to apply for a C permit.

If you speak no German, enroll in a class now before permit renewal time. Then you can show them the certificate if/when asked. Most nationalities will need a language certificate anyway when it comes time to apply for C permit and later, naturalization.
"perfectly said i have already started with this but for takign up exam i need atleast few months of study if self or 8 weeks of fast track course but mean time my application has to reach them....hence i wanted to be sure
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  #11  
Old 02.05.2019, 16:07
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Re: L to B non-EU is Level A1 mandatory?

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Perfect suggestion. I called them twice giving a gap of a weeks time as the first person was not sure of his answer.

First receiver said "Minimum needed is registration to some school but not sure for main applicant and dependent also.

Second caller said "yes its mandatory to know German."
I asked is "A1 certificate mandatory ? "
They said " We cant say anything let your company apply and we will decide once file comes to us"
I asked them again to check and confirm me on this in polite way.
They asked we cant confirm let application come to us and asked do i have any other question i said "NO".

But i explained them my condition that if this is new rule i will follow it and respect it but I dont have enough time to learn and clear examination because I need to file in the next month for L to B
Still the person said same " we cant tell anything do u have other question than this: I said "NO" they hung up the call.

So I did not wanted them to call again and fall in lime light.
After all this exercise like calling immigration office, checking lot of websites and forums, asking people, asking my own company HR and immigration teams I did not get proper answer and I landed here with my question

Note: I have no issues to learn german and I have started learning already, but only problem is I am not having enough time to clear certification before work permit application date.
On one hand I can understand your frustration of not getting a definite answer, but on the other hand this actually means in absence of any definite information even to the Kanton, your permit highly likely be extended/converted with maybe an extra comment that by next renewal you should have some German certificate
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Old 02.05.2019, 16:57
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Re: L to B non-EU is Level A1 mandatory?

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For main L and B there is no language requirement according federal laws and ordinances.
AIG
https://www.admin.ch/opc/en/classifi...232/index.html
VZAE
https://www.admin.h/opc/de/classifie...993/index.html
SEM Handbook
https://www.sem.admin.ch/sem/de/home...erbereich.html

Except, if you are employed as a caregiver or teacher than you will need A1. See Art. 22a VZAE.
For trailing spouse see Art. 73a VZAE.
Really outstanding reply aSwissInTheUS and from the links what i understand is below,
For people working in IT companies,
(currently spouse and children staying with me under L permit),

1. Main applicant need not have any A1 certificate.
2. Spouse should have A1 or atleast register for course
3. For children under 18 it doesnt apply.
Is my understanding correct ?

My question to be doubly sure,
Article 73a (1) states " The language offer for the granting of the residence permit in accordance with Articles 43 (2) and 44 (2) AIG must at least reach the reference level A1 of the reference framework."

But when I check Article 43 (2) and 44 (2) it says "In order to obtain a residence permit, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in paragraph 1 letter d."

So is my understanding "For main applicant its not needed, and for spouse atleast course registration is needed" is this correct ? correct me if i am wrong or missing something.
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Old 04.05.2019, 22:08
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Re: L to B non-EU is Level A1 mandatory?

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Really outstanding reply aSwissInTheUS and from the links what i understand is below,
For people working in IT companies,
(currently spouse and children staying with me under L permit),

1. Main applicant need not have any A1 certificate.
2. Spouse should have A1 or atleast register for course
3. For children under 18 it doesnt apply.
Is my understanding correct ?

My question to be doubly sure,
Article 73a (1) states " The language offer for the granting of the residence permit in accordance with Articles 43 (2) and 44 (2) AIG must at least reach the reference level A1 of the reference framework."

But when I check Article 43 (2) and 44 (2) it says "In order to obtain a residence permit, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in paragraph 1 letter d."

So is my understanding "For main applicant its not needed, and for spouse atleast course registration is needed" is this correct ? correct me if i am wrong or missing something.
To be doubly sure requesting some expert to confirm whether my understanding is correct? Apologies for the same but its very critical for me
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Old 09.05.2019, 09:51
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Re: L to B non-EU is Level A1 mandatory?

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To be doubly sure requesting some expert to confirm whether my understanding is correct? Apologies for the same but its very critical for me
To be doubly sure requesting some expert to confirm whether my understanding is correct? Apologies for the same but its very critical for me
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Old 09.05.2019, 10:11
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Re: L to B non-EU is Level A1 mandatory?

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To be doubly sure requesting some expert to confirm whether my understanding is correct? Apologies for the same but its very critical for me
I would say your understanding is correct. Spouse should be enrolled in a language course which will lead to level A1 or better. No requirement for main permit holder (except if employed as care giver or teacher), and children.
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Old 09.05.2019, 10:22
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Hi
1. is my understanding

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To be doubly sure requesting some expert to confirm whether my understanding is correct? Apologies for the same but its very critical for me
Hi, I think the only ironclad assurance you are going to get is from an immigration lawyer (and even then). A consultation on your specific circumstances shouldn't cost too much - CHF 500 or 600 perhaps - and is peanuts given you are planning life circumstances around it.

My two cents. As mentioned above, there are a number of specific provisions introducing a requirement for A1. Article 73 is one example.
Art. 73 a 1 Language skills for granting or extending a residence permit in the event of family reunification
(Article 43, paragraph 1, letter d, and paragraph 44, paragraph 1, letter d, LEI)

1 The offer of linguistic encouragement for the granting of a residence permit referred to in art. 43, para. 2, and 44, al. 2, LEI must be able to achieve at least the level of A1 linguistic knowledge of the reference framework.

2 For the extension of the period of validity of a residence permit, the spouse of the holder of a residence or residence permit pursuant to art. 43 or 44 LEI is required to prove that it has oral knowledge of the national language spoken at the place of domicile equivalent to at least A1 of the reference framework.
Generally, in legal interpretation the specific excludes the general. And so if they mention specific cases, and not other cases, then they don't mean to impose a requirement on the other cases.

That said, I don't know whether there is some other law where imposing a general requirement. It does seem in principle/policy strange not to apply this sort of requirement across the board and the cantonal authorities have not been clear in saying when it applies and when it doesn't. On the other hand, it could indicate a deliberate choice by the legislator to avoid overburdening employed foreigners, which may make CH less competitive versus other businesses locations.

Last edited by Guest; 09.05.2019 at 14:04.
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Old 09.05.2019, 14:30
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Re: L to B non-EU is Level A1 mandatory?

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I would say your understanding is correct. Spouse should be enrolled in a language course which will lead to level A1 or better. No requirement for main permit holder (except if employed as care giver or teacher), and children.
Thanks a lot I got confirmation to my understanding by your reply
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Old 11.05.2019, 10:32
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Re: L to B non-EU is Level A1 mandatory?

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Hi all,
I heard from few sources which even they were not clear that L to B conversion as per latest rules would require A1 certification mandatory. Few said that its not mandatory at least course registration is required. Few said it depends on company who is filling your case. Hence
1. if i need to get proper and correct information regarding this where should i check?
2. Does any one has knowledge about this for aaragu canton
I can tell my exp. since i switch my L to B in January 2019.
I took my work contract to Gemeinde and gave back the L permit, when your B permit is ready you will receive a letter at home to go and collect it.

I have EU citizenship and living in Canton Solothurn..
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