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Old 20.01.2020, 14:54
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Non-EU B-permit dependency after 4 years

Dear All
If anyone knows if a non-EU married couple has lived more than 4 years in canton Basel, one dependent other as independent with B permit, is there any possibility to ask the authorities to exchange this dependency or issue permits separately. One is the main permit holder and the other is dependent but we both worked full time from the beginning. The canton gave the family reunification visa from the first day.
The situation is that the main permit holder will finish the job contract and the permit is linked to his contract. The dependent has a year contract job, but the permit is going to end soon.
What can be done in this situation? Any help would be much appreciated.
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Old 20.01.2020, 15:29
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Re: Non-EU B-permit dependency after 4 years

From the Foreign Nationals Act:

"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)."

In other words if the main permit holder loses their permit, which will be the case if their employment ends, then the dependent cannot claim the right to continue employment.

The dependent's employer could try applying for an independent permit, but would have to prove they can't find a Swiss/EU national who could do the job and switching in this way circumvents the above so unlikely to be allowed.
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Old 20.01.2020, 15:32
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Re: Non-EU B-permit dependency after 4 years

There's not much that can be done, sorry.
The dependent person must either convince their current employer to apply for an independent work permit for them (which would be exactly as hard as hiring a non-EU person from outside Switzerland, no bonus points for living here) or find a new employer willing to go through those hoops.
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Old 20.01.2020, 15:56
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Re: Non-EU B-permit dependency after 4 years

Dear both

Thanks for your reply. Do you have any idea if both are in contract jobs then how does it work? Do we apply by ourselves and the Visa renewal will be renewed based on the main permit holder job duration?
Thanks a lot in advance
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