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Old 03.01.2020, 17:27
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Urgent immigration/residency problem

Hello All,

Could anyone recommend an immigration lawyer in Zurich?

I am a 3rd-state national and was laid off from my job (my department was downsized). I'm out of work as of January 1st. Unfortunately, my B permit expires in three weeks. I would like to extend my stay for a few months while I look for a new position. However, the Zurich immigration authorities told me it is not possible to extend my stay.

I've been a resident in Zurich from Feb 2012 to August 2016, and most recently from January 2018 to present. I've had researcher B permits, an L at one point, and a few regular B's. Sadly, I never managed a C.

Any help would be most appreciated.
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Old 03.01.2020, 17:54
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Re: Urgent immigration/residency problem

To locate an immigration attorney in Zurich, you might want to search on "rechtsanwalt migrationsrecht zürich"



The Ct. Zug website says this regarding non-EU holders of B permits who become unemployed (translated):


"A legal entitlement to the extension of an annual permit exists only in certain cases. In practice, the annual residence permit is normally extended as long as someone can draw daily allowances from unemployment insurance. In these cases, however, there is no actual entitlement to an extension of the permit."


https://www.zg.ch/behoerden/sicherhe...ltsbewilligung


As an unemployed person, you should normally register at your local RAV office no later than the first day of unemployment. To avoid penalties, it would be advisable to register as soon as possible, i.e., on Monday, 6 January.


For more information on RAV, take the e-learning course at this link, which is available in English:


https://awa.zh.ch/internet/volkswirt...formation.html
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Old 03.01.2020, 17:57
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Re: Urgent immigration/residency problem

And also you should have been looking for jobs since you were given notice, 10/month min.

Tom
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Old 03.01.2020, 20:04
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Re: Urgent immigration/residency problem

Are you not entitled to unemployment benefits? If you are, do they not have to renew your permit for the duration?
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Old 05.01.2020, 11:17
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Re: Urgent immigration/residency problem

Quote:
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Hello All,

Could anyone recommend an immigration lawyer in Zurich?

I am a 3rd-state national and was laid off from my job (my department was downsized). I'm out of work as of January 1st. Unfortunately, my B permit expires in three weeks. I would like to extend my stay for a few months while I look for a new position. However, the Zurich immigration authorities told me it is not possible to extend my stay.

I've been a resident in Zurich from Feb 2012 to August 2016, and most recently from January 2018 to present. I've had researcher B permits, an L at one point, and a few regular B's. Sadly, I never managed a C.

Any help would be most appreciated.

If you are entitled to unemployment benefits, they will extend the permit until you have right to collect unemployment. If you manage to find a new job within that period, they will extend it further.
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Old 05.01.2020, 11:35
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Re: Urgent immigration/residency problem

The requirements for RAV benefits are generally that you've been working and contributing for two whole years, so if your latest stay was in full employment from your stated date of (beginning of) Jan 2018 to the end of Dec 2019 then you would qualify.

And yes, if you qualify then you would be able to extend your permit until the end of your benefit period.

I suspect, though, that this must not be the case here, given that you've already been refused the permit renewal. On what grounds do you think a lawyer would be able to contest this?
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Old 05.01.2020, 11:55
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Re: Urgent immigration/residency problem

Thank you all for your replies. I'm a little less anxious. I will see the RAV tomorrow, and will let you know how I make out.
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Old 05.01.2020, 11:56
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Re: Urgent immigration/residency problem

Quote:
The requirements for RAV benefits are generally that you've been working and contributing for two whole years
12 months in the past two years.

Tom
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Old 05.01.2020, 13:23
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Re: Urgent immigration/residency problem

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12 months in the past two years.

Tom
D'oh. Yes, you're right, of course, so the OP has a good chance of qualifying.
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Old 05.01.2020, 13:28
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Re: Urgent immigration/residency problem

Quote:

I suspect, though, that this must not be the case here, given that you've already been refused the permit renewal. On what grounds do you think a lawyer would be able to contest this?
If he did not arrange payments from the RAV and did not tell them about his income from the RAV then there is according to the state simply no income. It is his duty to arrange such.

Now it is has to be seen how much the RAV will cut his unemployment money since he applied to late and might not have applied enough over the last months, and if what remains is high enough to stay here.
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Old 06.01.2020, 11:48
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Re: Urgent immigration/residency problem

It can be a quite complicated situation, as some people say that for non-EU nationals, Swiss RAV benefit is only applicable if you have the right to stay in Switzerland, so, RAV is not a reason for the authority to extend the stay, but rather a result of it. Some years ago there was a debate on EF on this topic (whether it is reasonable to ask someone to contribute to the unemployment assurance, in knowing that with their status they probably cannot collect the benefit even if they become unemployed).

It depends on the "condition" of OP's B permit. If the permit is associated to "employment", then theoretically, when the person becomes unemployed, the permit loses its ground and the authorities can just not renew it (RAV benefit will not be collectible because being residing in Switzerland/some EU countries with special agreement is one of the conditions). If the permit is not conditioned on employment then OP can stay.

In anyway, in case if RAV says no, a lawyer can be definitely helpful, because even if according to the general regulation OP cannot stay, the lawyer can still help in defending from other grounds (e.g. good integration... personal link to CH... who knows), which can only increase the chance.
 

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immigration, immigration agency, migration office, permit, visa




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