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Old 22.01.2020, 23:05
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Non-EU L Dependent work to Primary Permit in part time work

Hi, I am starting a new thread in context to my work permit. In continuation to my previous thread, my husbands organisation has re-appealed in federal court after the canton's rejection for L to B Permit conversion. The canton gave a very vague reason that the organisation should give opportunity to other IT professionals, even after give proper justification of the limitation of work force in the technology he works now. We really don't know the chances for it to get approved and how many months would it take. It seems he cannot work after the permit expiry.

Beside this, I have a part time job in a NGO which do not offer CDL. I got my permit in November linked to my husband's permit (expiry in first week of march 2020) and my contract is till Jan 2021. My company is going to apply to renew my permit with in a weeks. But as per my understanding Geneva canton's requirement for Non-Eu is full time. I am unhappy with the administration of my organisation who has no clue about permits/contracts and not willing to spend on lawyer. My upper management is relied on me to find out the stuff as they do not want me to leave. I have no idea about Swiss contracts and the permit procedure. Is it possible to get permit in part time contract? If not what other options are available other than full time contract. I know we do not have much time but I would really appreciate your help.
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Old 23.01.2020, 07:01
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Re: Non-EU L Dependent work to Primary Permit in part time work

Dependent L and B permits cannot become primary permit holders. 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)."

And to be honest I can't see why your employer would even be involved in the renewal process. Your permit is dependent on your husband's; it's not an independent one so the employer has no say in it's renewal.

Unless your husband's permit is renewed - L or B - then it's over; you both have to give up work and leave the country.
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