Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 13.01.2020, 16:43
Newbie
 
Join Date: Jan 2020
Location: Olten
Posts: 8
Groaned at 1 Time in 1 Post
Thanked 7 Times in 3 Posts
bevjswiss has no particular reputation at present
ohne Erwerbstätigkeit on L permit dependent?

I have moved to Solothurn canton as dependent on my spouse from India. I am holding L permit and it mentions 'ohne Erwerbstätigkeit' (Stay without work). I want to work in an IT company. But many employers are raising objection with ohne Erwerbstätigkeit. Is it possible to work or convert this status to working? What is the procedure?
Reply With Quote
  #2  
Old 13.01.2020, 17:26
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,121
Groaned at 406 Times in 315 Posts
Thanked 17,092 Times in 9,616 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: ohne Erwerbstätigkeit on L permit dependent?

Quote:
View Post
I have moved to Solothurn canton as dependent on my spouse from India. I am holding L permit and it mentions 'ohne Erwerbstätigkeit' (Stay without work). I want to work in an IT company. But many employers are raising objection with ohne Erwerbstätigkeit. Is it possible to work or convert this status to working? What is the procedure?
Welcome to the forum.

An employer has to apply to the authorities to be able to hire you and they have to meet certain market and labour conditions. If the application is approved then your permit would be amended to include the ability to work. You must also have a university degree.

From the Foreign Nationals Act:

"Family members of a holder of a short-term residence permit (Article 26 OASA) do not enjoy the right to exercise a lucrative activity. The exercise of a lucrative activity is subject to authorization. Upon admission, a request from the employer respecting the remuneration and working conditions in use in the locality and branch must have been submitted. In addition, members of the family of a holder of a short-stay permit (Article 26 OASA) must have professional qualifications (personal qualifications, Article 23 LEtr).

The possibility of engaging in a gainful activity for family members is related, according to art. 26 and 27 OASA, for the duration of the authorization of the person who has benefited from family reunification. If the spouse's residence permit is not renewed, his family members can not claim a right to continue their gainful activity (Article 6 (2) OASA)."
Reply With Quote
  #3  
Old 14.01.2020, 08:56
Forum Veteran
 
Join Date: Nov 2012
Location: Zurich
Posts: 898
Groaned at 5 Times in 5 Posts
Thanked 477 Times in 300 Posts
simple_person has earned the respect of manysimple_person has earned the respect of manysimple_person has earned the respect of many
Re: ohne Erwerbstätigkeit on L permit dependent?

Changing status is difficult but not impossible. Just keep trying.
Reply With Quote
  #4  
Old 14.01.2020, 11:14
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: ohne Erwerbstätigkeit on L permit dependent?

Quote:
View Post
Is it possible to work or convert this status to working? What is the procedure?
It is possible. But for the company it is like you are still in India. They have to prove that they searched and looked but could find no Swiss, EU, or EFTA national, and no one in Switzerland with a work permit which could do the job instead. That's you against 500 million. The more niche the position is, the more special skills you have, the easier it is.
Reply With Quote
  #5  
Old 14.01.2020, 11:43
Senior Member
 
Join Date: Nov 2015
Location: Zürich
Posts: 380
Groaned at 1 Time in 1 Post
Thanked 373 Times in 188 Posts
NichtsBesonders has earned some respectNichtsBesonders has earned some respect
Re: ohne Erwerbstätigkeit on L permit dependent?

Quote:
View Post
It is possible. But for the company it is like you are still in India. They have to prove that they searched and looked but could find no Swiss, EU, or EFTA national, and no one in Switzerland with a work permit which could do the job instead. That's you against 500 million. The more niche the position is, the more special skills you have, the easier it is.
Hmmm I believe it's different though I am too lazy to look into the laws and ordinances at the moment. But I have some second-hand experience instead.

I have a close friend in Zurich who arrived here with her husband a couple of years ago on a dependent L permit first, however she's super smart and qualified (with a PhD and lots of work experience before moving to CH).
She soon got a job offer as a project manager at a Swiss startup and then she just went to the AWA with the offer and her diplomas and asked them to add a right to work to her L permit.
They did that on the spot. There was no non-EU hiring process involved, no proving there's no qualified Swiss/EU/EFTA national, nothing.
I'm guessing that even L-permit holding dependents are living in Switzerland are treated as Inländers in the sense of Inländervorrang (Swiss citizens/residents first, EU/EFTA second, all others third) if the job in question requires some non-trivial qualifications.

Or at least Canton Zurich does. Of course this may and will vary by canton.
Reply With Quote
  #6  
Old 14.01.2020, 12:10
Forum Veteran
 
Join Date: Nov 2012
Location: Zurich
Posts: 898
Groaned at 5 Times in 5 Posts
Thanked 477 Times in 300 Posts
simple_person has earned the respect of manysimple_person has earned the respect of manysimple_person has earned the respect of many
Re: ohne Erwerbstätigkeit on L permit dependent?

I think its not like this completely. I know someone who moved with spouse to Zurich on L dependent permit and found a job in another canton. She approached authorities for authorization and submitted required documents. It took a while back and forth but was successful. She still got L dependent but with work authorization.

You are in IT, already in Switzerland and ready to start immediately, which is a big plus and less risky for companies to do all the paper work. Good luck!

Quote:
View Post
It is possible. But for the company it is like you are still in India. They have to prove that they searched and looked but could find no Swiss, EU, or EFTA national, and no one in Switzerland with a work permit which could do the job instead. That's you against 500 million. The more niche the position is, the more special skills you have, the easier it is.
Reply With Quote
  #7  
Old 28.01.2020, 15:09
Newbie
 
Join Date: Jan 2020
Location: Olten
Posts: 8
Groaned at 1 Time in 1 Post
Thanked 7 Times in 3 Posts
bevjswiss has no particular reputation at present
Re: ohne Erwerbstätigkeit on L permit dependent?

Thank you, everyone, for your replies!

The update is I was able to get an employment offer. The employer informed to visit the Gemeinde and provide the offer letter and request to change the status. Hopefully, the process will be smooth. I will update soon on the progress.
Reply With Quote
This user would like to thank bevjswiss for this useful post:
  #8  
Old 08.03.2020, 11:29
Newbie
 
Join Date: Jan 2020
Location: Olten
Posts: 8
Groaned at 1 Time in 1 Post
Thanked 7 Times in 3 Posts
bevjswiss has no particular reputation at present
Re: ohne Erwerbstätigkeit on L permit dependent?

Update: The process about changing the permit status was smooth. It took 3 Weeks to change the status and the employer managed the approval part.
Reply With Quote
The following 5 users would like to thank bevjswiss for this useful post:
  #9  
Old 08.03.2020, 21:53
SponPlague's Avatar
Member
 
Join Date: Apr 2008
Location: 8045 Zurich
Posts: 228
Groaned at 9 Times in 6 Posts
Thanked 242 Times in 145 Posts
SponPlague has an excellent reputationSponPlague has an excellent reputationSponPlague has an excellent reputationSponPlague has an excellent reputation
Re: ohne Erwerbstätigkeit on L permit dependent?

Reply With Quote
This user would like to thank SponPlague for this useful post:
Reply

Tags
dependent l permit, l permit, ohne erwerbstätigkeit, permit conversion, working visa




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Non-EU: student B permit (mit Erwerbstätigkeit) to regular work permit in same canton cookiethemonster Permits/visas/government 4 01.08.2018 15:05
Aufenthaltsbewilligung (B) Ohne Erwerb [B permit, no work privileges] petesdomain Permits/visas/government 12 04.08.2017 14:57
Have dependent L permit, applied for L WP, can she travel on L dependent now? mashu786 Permits/visas/government 0 10.03.2009 12:26
Art. 38 Erwerbstätigkeit Clarification maddy Permits/visas/government 6 28.10.2008 22:34


All times are GMT +2. The time now is 12:41.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0