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Old 10.05.2020, 13:05
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B Permit - Resignation

Hi,

Hope everyone is safe and well.
I am from the UK.
I moved to Switzerland last July because my partner (not married) got a job here. Got an L Permit to search for work initially, and then got a job in October and was given a 5 year B Permit. (It does not seem to be tied to my job, as on the back it says "no notification of change of work is necessary").

I am currently incredibly unhappy in my job, to the point where it is becoming unhealthy. I would, obviously, love to stick it out until I find something new but currently that seems impossible.

If I resign, will my B permit be taken back? i.e. would I be moved onto an L again to look for work?
I would not need to get unemployment as my partner works and it would be enough for the 2 of us.

Thanks.

Last edited by MusicChick; 10.05.2020 at 14:25. Reason: OP's request.
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Old 10.05.2020, 16:47
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Re: B Permit - Resignation

No, it will not be removed or changed because atm you're an EU national.
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Old 10.05.2020, 20:39
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Re: B Permit - Resignation

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No, it will not be removed or changed because atm you're an EU national.
Thank you for your response I really appreciate it!
Would I have to let them know as soon as I quit?
Would they give me an amount of time to look for work again? I was worried because of us not being married
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Old 10.05.2020, 20:45
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Re: B Permit - Resignation

The only people you need to notify are RAV and your commune/gemeinde if you plan to claim unemployment. Don't need to tell anyone else.
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Old 10.05.2020, 21:02
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Re: B Permit - Resignation

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The only people you need to notify are RAV and your commune/gemeinde if you plan to claim unemployment. Don't need to tell anyone else.
Thanks again! So if I don’t want to claim unemployment I could just not tell anyone I’m unemployed?
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Old 10.05.2020, 21:27
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Re: B Permit - Resignation

Yes.
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Old 10.05.2020, 21:53
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Re: B Permit - Resignation

Employers have the obligation of announcing hires and departures of foreign workers without a C permit to the immigration authorities so this will be done on your behalf.

Cantonal unemployment agencies must also inform immigration authorities which foreign workers (without a C permit) have signed up.

In your case as you won’t be signing up to unemployment you may get questions asked about your stay in Switzerland and to prove your financial means to support yourself in case you don’t find another job in the medium-term.
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Old 10.05.2020, 22:06
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Re: B Permit - Resignation

Where is that stated? First time I read about this. Thanks
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Old 10.05.2020, 22:18
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Re: B Permit - Resignation

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Employers have the obligation of announcing hires and departures of foreign workers without a C permit to the immigration authorities so this will be done on your behalf.

Cantonal unemployment agencies must also inform immigration authorities which foreign workers (without a C permit) have signed up.

In your case as you won’t be signing up to unemployment you may get questions asked about your stay in Switzerland and to prove your financial means to support yourself in case you don’t find another job in the medium-term.
Since employers have nothing to do with EU nationals getting their permits I highly doubt this. Maybe they have to do it for non-EU nationals, but not for EU ones.

And since RAV wouldn't know he's unemployed they won't be asking him questions.

The only time that might come up is when the permit comes up for renewal in 5 years' time if he was still unemployed. Then he may be asked to show his financial situation or his girlfriend would need to apply for a concubine permit and agree to financially support him for 5 years.
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Old 10.05.2020, 22:36
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Re: B Permit - Resignation

However shitty the situation is. Better find a new job first and then resign with glee and joy.

Note: Employer must give you time off so you can go to job interviews.
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Old 10.05.2020, 22:49
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Re: B Permit - Resignation

Article 85a paragraph 2 of the FNIA:

Art. 85a1 Right to work
The employer must report the start or end of employment to the cantonal authority responsible for the place of work in advance. The report must, in particular, contain the following information:
a. the identity and salary of the employed person;
b. the activity carried out;
c. the place of work.

https://www.admin.ch/opc/en/classifi...ndex.html#a85a

Article 97 of the FNIA:

Art. 97 Administrative assistance and disclosure of personal data1
1 The authorities entrusted with the implementation of this Act shall support each other in the fulfilment of their tasks. They shall provide the required information and on request allow the inspection of official files.

[...]

3 The Federal Council shall determine what data must be reported to the authorities mentioned in paragraph 1 in the case of:

[...]

dbis.2 a claim for unemployment benefit;

https://www.admin.ch/opc/en/classifi...index.html#a97

Article 97a paragraph 1bter of the law on unemployment insurance:

Art. 97a1 Datenbekanntgabe
1 Sofern kein überwiegendes Privatinteresse entgegensteht, dürfen Organe, die mit der Durchführung, der Kontrolle oder der Beaufsichtigung der Durchführung dieses Gesetzes betraut sind, Daten in Abweichung von Artikel 33 ATSG2 bekannt geben:3

[...]

bter.5
den Ausländerbehörden, nach Artikel 97 Absatz 3 des Ausländer- und Integrationsgesetzesvom 16. Dezember 20056 (AIG)7;



https://www.admin.ch/opc/de/classifi...ndex.html#a97a

RAV won't be asking questions but immigration authorities might
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  #12  
Old 10.05.2020, 22:56
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Re: B Permit - Resignation

Which refers to people here illegally, not people who have permits to live/work here.
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Old 10.05.2020, 23:01
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Re: B Permit - Resignation

The FNIA applies to all foreign nationals whether illegal or not, see Art. 2 "scope of application"

https://www.admin.ch/opc/en/classifi.../index.html#a2
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Old 11.05.2020, 06:59
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Re: B Permit - Resignation

You really need to read what you link to in full.

"1 This Act applies to foreign nationals, provided no other provisions of the federal law or international treaties concluded by Switzerland apply.

2 For citizens of member states of the European Community (EC), their family members, and employees posted to Switzerland by employers resident or with their registered office in these states, this Act applies only to the extent that the Agreement of 21 June 19991 between the Swiss Confederation on the one hand and the European Community and their Member States on the other hand on Freedom of Movement does not contain any different provisions or that this Act provides for more advantageous provisions.

3 For citizens of member states of the European Free Trade Association (EFTA), their family members, and employees posted to Switzerland by employers resident or with their registered office in these states, this Act applies only to the extent that the Agreement amending the Convention establishing the European Free Trade Association from 21 June 20012 does not contain any different provisions or that this Act provides for more advantageous provisions.

4 The provisions on the visa procedure and on entry and exit apply only insofar as there are no provisions to the contrary in the Schengen Association Agreements."

Since EU/EFTA nationals are free to come and go in Switzerland there's absolutely no need for employers to tell anyone that they're no longer employed.

And again, Article 85a is referring to illegals and refugees who, for whatever reason, cannot be returned to their home countries: see Art. 83. It certainly doesn't apply in the OP's case.
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Old 11.05.2020, 07:15
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Re: B Permit - Resignation

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Hi,

Hope everyone is safe and well.
I am from the UK.
I moved to Switzerland last July because my partner (not married) got a job here. Got an L Permit to search for work initially, and then got a job in October and was given a 5 year B Permit. (It does not seem to be tied to my job, as on the back it says "no notification of change of work is necessary").

I am currently incredibly unhappy in my job, to the point where it is becoming unhealthy. I would, obviously, love to stick it out until I find something new but currently that seems impossible.

If I resign, will my B permit be taken back? i.e. would I be moved onto an L again to look for work?
I would not need to get unemployment as my partner works and it would be enough for the 2 of us.

Thanks.
Could you not explain why you are unhappy in this job?
Could it also be possible to talk about this to them?

It would cause much less disruption if you didn‘t have to quit, especially due to the C19 situation regarding employment, though totally understandable mind you.
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Old 11.05.2020, 08:44
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Re: B Permit - Resignation

Hi everyone,
Thanks so much for your help and comments. I really appreciate it as this is a super tricky time for me!

To update:
I rung the Kreisburo this morning (Kreis 3 Zurich) and they basically said that because I am on a B permit and it is technically EU, my permit would remain valid and I wouldn't even be required to tell them if I change/lose/leave a job.
He said the only time they need to know is when applying for a renewal.

I guess because I am super lucky and have a partner to support me it should not cause any problems if I am unemployed for a while. But maybe I would run into issues if I needed RAV.
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Old 11.05.2020, 23:29
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Re: B Permit - Resignation

I heard that if you resign, you don’t qualify for unemployment benefits?
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Old 12.05.2020, 00:02
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Re: B Permit - Resignation

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I heard that if you resign, you don’t qualify for unemployment benefits?
You get 3 month unpaid penalty.
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