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Old 03.03.2020, 00:21
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About the duration of Assignment

Does anyone know about the duration of an assignment to an non-EU? If the senior manager is an assignee, how long can he be assigned in Switzerland? It seems from 2nd B to 3rd B, Swiss government is likely to argue and ask the reasons... is it possible to stay more than 5 years? Also, how does the Swiss government, ok, letís put Zurich AWA here, define the senior management role?

2nd question, is it allowed assignee to change project.i.e. assignee is transferee by the employer to a new project and in different canton. If they have to, how to explain to the government. Any experience to share?

I really want to know more about the work permit requirements in Switzerland, any resources to recommend? Especially the arguments or challenge questions raised by Swiss government.

Thanks,
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Old 03.03.2020, 08:09
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Re: About the duration of Assignment

Okay, I'm a bit confused about your questions. When you say assignment are you meaning you're supposed to be here for a set period rather than on an unlimited contract?
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Old 03.03.2020, 10:01
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Re: About the duration of Assignment

About this part
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I really want to know more about the work permit requirements in Switzerland, any resources to recommend? Especially the arguments or challenge questions raised by Swiss government.
Thanks,
The immigration authorities have the task of determining whether there is any risk of the person, or their dependents, if they are allowed to stay in Switzerland, ever becoming financially dependent upon the Social Security system or in some other way a drain on the collective resources.

Put more positively, they are also interested in an explanation of why this applicant will be making a positive contribution to Switzerland, to the Swiss economy or societal life, not in general terms, but specifically with regard to his/her skill set and work.

They must determine whether the company could just as well have employed, instead, someone who is Swiss or EU, to do this job, and therefore it can be required to demonstrate why this particular candidate is the one and only suitable for this role.

Although the initial circumstances are a little different, you might find some of the discussion in this related thread useful: https://www.englishforum.ch/permits-...onversion.html
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Old 05.03.2020, 09:49
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Re: About the duration of Assignment

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Okay, I'm a bit confused about your questions. When you say assignment are you meaning you're supposed to be here for a set period rather than on an unlimited contract?
It means limited, such as 1-5years.
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Old 05.03.2020, 10:13
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Re: About the duration of Assignment

Simcat, I wonder if you are intertwining the so-called 'expat status' concessions with permit renewability?

From my own experience:

There were two components to the conditions of an intercompany transfer back in the day when my husband took on an international assignment here: company policy and concessions from the canton as to some employment conditions for these international assignees.

So - company policy was that an international assignment could last no longer than 5 years. After that, an employee staying in the host country transitioned to a local contract. International assignee/expat status was largely a financial arrangement. The assignee was paid out of the home country office (in this case US) in home country currency.

The canton (in this case ZH) granted concessions due to the temporary nature of the assignment.

For instance, a concession was granted where one paid home country social taxes rather than Swiss social taxes, paid into a home country pension rather than the Swiss system, and the assigness was released from the obligation to hold Swiss health insurance as long as the company provided a suitable alternative international health insurance policy. The assignee was also directly given a five year B permit, regardless of EU/nonEU citizenship. (This was a long time ago, no idea if the permit concession is still applicable)

These cantonal concessions were limited to 5 years as well.

Once the 5 years had expired, the employee either returned to the home country or if asked by the company to stay, reverted to a local contract and Swiss social tax/pension/insurance ruies.

So in this case 'expat status', a short hand way of describing company policy towards international intercompany assignments as well as the concessions negotiated with the canton for those employees, was indeed time limited.

However, at the end of the 5 year B permit, if the assignee chose to stay under new employment conditions and without the cantonal concessions he or she was free to apply for renewal or a C permit, as appropriate.

OH chose to stay; he has been here 20-plus years now.
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Old 06.03.2020, 15:46
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Re: About the duration of Assignment

Quote:
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Simcat, I wonder if you are intertwining the so-called 'expat status' concessions with permit renewability?

From my own experience:

There were two components to the conditions of an intercompany transfer back in the day when my husband took on an international assignment here: company policy and concessions from the canton as to some employment conditions for these international assignees.

So - company policy was that an international assignment could last no longer than 5 years. After that, an employee staying in the host country transitioned to a local contract. International assignee/expat status was largely a financial arrangement. The assignee was paid out of the home country office (in this case US) in home country currency.

The canton (in this case ZH) granted concessions due to the temporary nature of the assignment.

For instance, a concession was granted where one paid home country social taxes rather than Swiss social taxes, paid into a home country pension rather than the Swiss system, and the assigness was released from the obligation to hold Swiss health insurance as long as the company provided a suitable alternative international health insurance policy. The assignee was also directly given a five year B permit, regardless of EU/nonEU citizenship. (This was a long time ago, no idea if the permit concession is still applicable)

These cantonal concessions were limited to 5 years as well.

Once the 5 years had expired, the employee either returned to the home country or if asked by the company to stay, reverted to a local contract and Swiss social tax/pension/insurance ruies.

So in this case 'expat status', a short hand way of describing company policy towards international intercompany assignments as well as the concessions negotiated with the canton for those employees, was indeed time limited.

However, at the end of the 5 year B permit, if the assignee chose to stay under new employment conditions and without the cantonal concessions he or she was free to apply for renewal or a C permit, as appropriate.

OH chose to stay; he has been here 20-plus years now.
You are such an expert! You are right about the assignment as the “expat status concession”, however I think it is still restricted to quota, right? Actually “ The assignee was also directly given a five year B permit” I don’t think it happens nowadays, for my colleague, he still needs to apply year after year, just like the case it is challenged to him after 3rd B- like the previous post shares the question: why it has to be him and the overall economic stuff. So not always smoothly, even for the closed permit. However, is Zurich/Geneva/Basel really stricter than others?

Also- about the rule - These cantonal concessions were limited to 5 years as well - how are you aware of it? Any source to recommend?
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