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Old 11.05.2020, 17:09
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Renewing Permit B (non-EU)

GrŁezi everyone,

I hope everyone is okay. I thought I could get some advice here on what to do. I lost my job due to the covid-19 situation and this was within a few months of being relocated to Switzerland on a non-EU Permit B. I basically moved here to start a new life and I cannot think of relocating again. It is due to expire in September and I need a plan B to stay in Switzerland. I cannot go to my home country (I've been relocating since the past 10 years). I am surviving on savings. While I continue to apply for jobs, I wanted to know the following:

1) If I receive an employment offer from a different canton, how does that affect the renewal? The Office of the Migration explained that the other canton would have to approve me. I have no restrictions on employment. What if the employer (of a different canton) allows me to work remotely from the canton that I reside in?

2) I have some ex-colleagues who have a startup but don't have the budget to hire anyone, but they were willing to offer me an unlimited work contract (which would proceed renew my extension for another year) but employ me for 50% for a month or two. I don't know how kosher this is and what would the legal consequences be since I just need to merely prove to the canton that I have a work contract during the time of renewal.

3) What happens if I take up study at a university? Does my permit change? I was advised despite the benefits of an education, switching to a student permit puts in at risk for employment restrictions since I am non-EU. Employers would have to apply for me (basically the same process that got me here)
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Old 11.05.2020, 22:33
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Re: Renewing Permit B (non-EU)

Welcome to the forum and I feel sorry for your situation.

1) you said, you have no restrictions on employment, does this mean you have an open permit? (no end date on the A4 sheet that you were provided with upon permit approval). In this case, you just need to collect some documents to approve moving cantons (criminal registry, debt registry etc.). If your permit was tied to employer, then they have to apply for work permit again, and they have to prove that they couldn't find anyone else (difficult).

2) On the permit renewal, there is also a requirement that you should earn enough to sustain yourself, is this feasible with 50% contract in a startup with no money? I assume it is some 40-60k, enough for a single person, but... do you have family/kids? What rent do you pay? Can you survive another year without the salary? In any case I would not recommend this one unless if this the last resort.

3) you will change to a student B permit. After studies you will have 6 months to get a job while you will be considered on equal foot with Swiss/C-permit holders. On the other hand, nothing prevents you from enrolling for PhD/Postdoc (or even Ms if you have enough savings), extend the permit and continue looking for jobs, but it will be tougher to get one with student permit. But I know a few non-EU people who did this. Again, money will be quite bad for PhD and kinda decent for PostDoc.


I would try all three routes, number 1 and 3 as priority and in parallel (and take whatever), and number 2 as last option only if you don't find anything by June/July.
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Old 11.05.2020, 22:50
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Re: Renewing Permit B (non-EU)

Were you fired and not furloughed? The company can keep you on and claim under various schemes set up for the current situation.
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Old 12.05.2020, 01:38
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Re: Renewing Permit B (non-EU)

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Welcome to the forum and I feel sorry for your situation.

1) you said, you have no restrictions on employment, does this mean you have an open permit? (no end date on the A4 sheet that you were provided with upon permit approval). In this case, you just need to collect some documents to approve moving cantons (criminal registry, debt registry etc.). If your permit was tied to employer, then they have to apply for work permit again, and they have to prove that they couldn't find anyone else (difficult).

2) On the permit renewal, there is also a requirement that you should earn enough to sustain yourself, is this feasible with 50% contract in a startup with no money? I assume it is some 40-60k, enough for a single person, but... do you have family/kids? What rent do you pay? Can you survive another year without the salary? In any case I would not recommend this one unless if this the last resort.

3) you will change to a student B permit. After studies you will have 6 months to get a job while you will be considered on equal foot with Swiss/C-permit holders. On the other hand, nothing prevents you from enrolling for PhD/Postdoc (or even Ms if you have enough savings), extend the permit and continue looking for jobs, but it will be tougher to get one with student permit. But I know a few non-EU people who did this. Again, money will be quite bad for PhD and kinda decent for PostDoc.


I would try all three routes, number 1 and 3 as priority and in parallel (and take whatever), and number 2 as last option only if you don't find anything by June/July.
Hi LifeStrain,

Thank you for taking the time to reply to my message. It's kind of you.

1) I don't know how to explain it but when I called Migrationsamt, they informed me that the permit is not tied to my employer and I can take up a job contract (they didn't really explain restrictions). The only restriction is the time limit. As a non-EU, I get it for a year and they said I need a job contract (unlimited) during renewal time. If I get a temp contract, the permit duration is linked to the duration of that contract. I did one phone interview and one company checked with one of the Big4 advisors that my permit is good to go for hiring. But the only thing Migrationsamt said regarding getting a contract from a new canton is that the canton has to "approve me". I feel like they didn't know their stuff in detail and I called them twice on two different occasions.

2) I am looking at this as a last resort. I got a decent settlement from my previous company so it's enough to help me survive in Switzerland at least for a year from today if I don't go overboard with my expenses. I am just trying to understand if as a last resort, I can get a unlimited work contract and I don't know, proceed to leave or "get fired" after a few months as long as I can renew the permit. I get it for another year upon renewal (and I keep renewing every year/two years until I qualify for the C - which is the goal so I don't have to worry about relocating (my country of origin is undergoing an economic/political crisis so there is NO way I can return, given that I didn't even grow up there)

3) So let's say I want to do my MS in Switzerland, I would have to get the admission letter to switch to the student permit (I am assuming I cannot study with a non-EU B right?) and when I graduate, I have 6 months to get a job without restrictions? And let's say I get that job, I get back on the original B I came with? Seems too easy...?
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Old 12.05.2020, 01:40
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Re: Renewing Permit B (non-EU)

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Were you fired and not furloughed? The company can keep you on and claim under various schemes set up for the current situation.
Hi Medea,

Thank you for your reply. Unfortunately, the situation is more complicated than just covid-19 and I was terminated right before the crisis (due to budget reasons), so it is sort of a partial reason. I wanted to add that I don't qualify for unemployment insurance as I worked less than a year.
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Old 12.05.2020, 07:28
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Re: Renewing Permit B (non-EU)

Sounds very strange that you got an open B right off the bat. I suppose with very high flyers it's possible, but rare I'd say. If that is what you have count yourself lucky.

The migration office is quite correct in saying you'd need approval from another canton before you could move there (37.2).

"Art. 36 Place of residence
Persons with a short stay permit, a residence or a permanent residence permit are free to choose their place of residence within the canton that granted the permit.

Art. 37 Change of the place of residence to another canton
1 Persons with a short stay permit or a residence permit who would like to relocate their place of residence to another canton must apply for the appropriate permit from the new canton beforehand.

2 Persons with a residence permit are entitled to move to another canton provided they are not unemployed and there are no grounds for revocation in terms of Article 62 paragraph 1.

3 Persons with a permanent residence permit are entitled to move to another canton, provided there are no grounds for revocation in terms of Article 63.

4 No permit is required for a temporary stay in another canton."

https://www.admin.ch/opc/en/classifi...232/index.html

I assume if you have a new employment contract in that shouldn't be a problem. However, the 50% salary may be; it may depend on whether the new canton is willing to take your savings into consideration and how soon the company thinks it can put you on to 100% salary.

As for studying here it's a bit easier if you graduate from a Swiss uni

"Gainful employment following study in Switzerland (Art. 21 para. 3 FNIA)
Foreign nationals can be admitted to work without having to provide evidence of their status under the precedence rule in Art. 21 FNIA if there is a significant academic or economic interest in their employment. This rule applies only to degrees from recognised Swiss higher education institutions (universities and universities of applied sciences)."

https://www.sem.admin.ch/sem/en/home...ml#Derogations from the admission requirements

https://www.sem.admin.ch/dam/data/se...aug-kap4-f.pdf (section 4.4.6)

The tricky part is probably trying to work out if the proposed job falls under the academic or economic interest criteria. Only the Swiss authorities can tell you that when you apply for a new permit. If you haven't found a job within 6 months of graduating then you revert back to the non-EU hiring criteria again.
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