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Old 13.05.2020, 22:27
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B permit questions

Hello dear EFers, I hope you are all doing absolutely fantastic during these not so fun days...

I need to pick your ideas on two quick questions please. I am in CH for last 5 years, first two years with L permit and last 3 years with B permin, non EU.
I am Turkish.

1- I lost my job recently since my company went downsizing due to COVID19.
My permit gets renewed annually and the next renewal is by December 2020.
Do you know if I get a new contract here, will they renew my permit, or it needs to start over again with a new application. The remarks on my permit say; "mit erwerbstatigkeit" and "seblst erwerbstatigkeit ist bewillgungsppflichtig"...I think the last one is about self employment.

2- Recently someone reached out to me for a short term collaboration, as short as 2 weeks and needed me to be the advisor for them. It is not an employment but a short term advisory help after which I will get a payment and declare it on my tax papers. Do you think I can do this?

Thanks for your thoughts and ideas, have a great evening/day
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  #2  
Old 14.05.2020, 07:02
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Re: B permit questions

No, the last one says that any employment needs approval from the Swiss authorities first. Which means any new employer would have to meet the non-EU hiring criteria to be able to employ you.

Your permit is tied to your employer; if you're no longer employed how long the permit has left on it is irrelevant because it's now invalid. You need to talk to RAV asap about whether or not they'll take you on and become your new employer or not. Since you've been here for several years they should which will give you time to look for a new job, but only they can confirm this.

And no, you can't work as an advisor.
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Old 14.05.2020, 08:49
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Re: B permit questions

I think Medea Fleecestealer already answered your question, but I'll add this doc from Aargau in the link below which gives some clarification - it is in German.

It highlights situations of job losses for EU/EFTA members and non-EU/EFTA members (you) who are here on a G, L, B, C-permit. I am assuming it may be relevant for ZH also, but am not certain.

I think this section below is relevant to you, especially the [b]bold[/] part. I'm not sure whether the last (third) paragraph is in reference to your job-tied situation (which loosely translates to you having to ask for permission to change jobs; I'm not sure how this "permission to switch jobs" is handled when you lose your job).

"Aufenthaltsbewilligungen B, welche zum Zweck der Erwerbstätigkeit ausgestellt wurden, erlöschen grundsätzlich mit dem Stellenverlust auf das Ablaufdatum der noch gültigen Bewilligung hin (Erfüllung des Aufenthaltszwecks). Der vorzeitige Widerruf einer noch gültigen Bewilligung bleibt im Einzelfall vorbehalten.

Die Bewilligung kann auf Gesuch hin verlängert werden, solange Ansprüche der Arbeitslosenversicherung bestehen oder wenn sich
die Betroffenen in einem Beschäftigungsprogramm für Arbeitslose befinden.


Wurde die Aufenthaltsbewilligung für eine bestimmte Stelle ausdrücklich mit einer arbeits-marktlichen Auflage oder Bedingung verknüpft, ist ein Gesuch um Stellenwechsel bei der zuständigen kantonalen Behörde zu beantragen. Ein solches Gesuch kann ausschliesslich durch den interessierten Arbeitgeber gestellt werden."



See Link for document: https://www.ag.ch/media/kanton_aarga...illigung~1.pdf
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Old 14.05.2020, 12:32
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Re: B permit questions

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No, the last one says that any employment needs approval from the Swiss authorities first. Which means any new employer would have to meet the non-EU hiring criteria to be able to employ you.

Your permit is tied to your employer; if you're no longer employed how long the permit has left on it is irrelevant because it's now invalid. You need to talk to RAV asap about whether or not they'll take you on and become your new employer or not. Since you've been here for several years they should which will give you time to look for a new job, but only they can confirm this.

And no, you can't work as an advisor.
Thanks a lot, I really appreciate your feedback. Clear that it is tough to get another job once my contract is terminated. By the way, about the "advisor project", do you really think that i can not do it? I am on my notice period and still employed, so i thought it is doable since it is not a new employment contract but a project on the side, I could do it? still no?
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Old 14.05.2020, 12:38
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Re: B permit questions

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Thanks a lot, I really appreciate your feedback. Clear that it is tough to get another job once my contract is terminated. By the way, about the "advisor project", do you really think that i can not do it? I am on my notice period and still employed, so i thought it is doable since it is not a new employment contract but a project on the side, I could do it? still no?
If it was legal before, it will remain legal whilst you are still employed.
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Old 14.05.2020, 12:42
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Re: B permit questions

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If it was legal before, it will remain legal whilst you are still employed.
Key phrase there. I doubt any extraeous work outside of their employment contract is allowed since it's a tied permit.
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Old 14.05.2020, 13:17
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Re: B permit questions

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No, the last one says that any employment needs approval from the Swiss authorities first. Which means any new employer would have to meet the non-EU hiring criteria to be able to employ you.
For G-d's sake Medea, please stop misleading people. The latter one says "Self employment requires permission" and refers solely to self employment (aka starting one's own business). This clause is written on the B permit of every non-EU person who was hired as a salaried employee and has absolutely nothing to do with the permit being open or closed.

The open/closedness is not indicated on the permit card at all, only the cantonal labor market authority knows it and one can ask them (for Zurich it's awa.zh.ch and one can ask with this form). It might well be that OP's permit was opened already as they'd been in the country for quite some time.

OP: You should apply for unemployment benefits at RAV as soon as possible (and the same time clarify your permit status with AWA). Given you'd worked here for 5 years, you should be eligible to the maximum of 18 months of benefits while you are actively looking for another job. You won't get a C permit on unemployment but you should be able to extend your B permit until at least those 18 months run out.
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Old 14.05.2020, 13:23
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Re: B permit questions

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For G-d's sake Medea, please stop misleading people. The latter one says "Self employment requires permission" and refers solely to self employment (aka starting one's own business). This clause is written on the B permit of every non-EU person who was hired as a salaried employee and has absolutely nothing to do with the permit being open or closed.

The open/closedness is not indicated on the permit card at all, only the cantonal labor market authority knows it and one can ask them (for Zurich it's awa.zh.ch and one can ask with this form). It might well be that OP's permit was opened already as they'd been in the country for quite some time.
Thanks, I am actually here for 5,5 years already :-) I will check that one too
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Old 14.05.2020, 13:43
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Re: B permit questions

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For G-d's sake Medea, please stop misleading people. The latter one says "Self employment requires permission" and refers solely to self employment (aka starting one's own business). This clause is written on the B permit of every non-EU person who was hired as a salaried employee and has absolutely nothing to do with the permit being open or closed.

The open/closedness is not indicated on the permit card at all, only the cantonal labor market authority knows it and one can ask them (for Zurich it's awa.zh.ch and one can ask with this form). It might well be that OP's permit was opened already as they'd been in the country for quite some time.

OP: You should apply for unemployment benefits at RAV as soon as possible (and the same time clarify your permit status with AWA). Given you'd worked here for 5 years, you should be eligible to the maximum of 18 months of benefits while you are actively looking for another job. You won't get a C permit on unemployment but you should be able to extend your B permit until at least those 18 months run out.
Better tell deepl.com and google translate their translations are wrong then.

deepl: all employment is subject to approval
google: All employment is subject to authorization
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Old 14.05.2020, 14:00
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Re: B permit questions

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Better tell deepl.com and google translate their translations are wrong then.

deepl: all employment is subject to approval
google: All employment is subject to authorization
Thanks everybody for all the help and comments, much appreciated. Just called immigration office in canton Zurich to confirm that I can prolong my permit with a new contract only by submitting the new contract, since I have been here long enough ( 5+ years ).
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Old 14.05.2020, 14:23
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Re: B permit questions

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Better tell deepl.com and google translate their translations are wrong then.

deepl: all employment is subject to approval
google: All employment is subject to authorization
Seriously? I don't need DeepL, I know German. The exact phrasing on the permit says "Selbst. Erwerbstätigkeit ist bewilligungspflichtig". See the dot? It's an abbreviation. What it really says is "Selbständige Erwerbstätigkeit ist bewilligungspflichtig". Now your online tools shouldn't have a problem translating that

It's a funny abbreviation though, because "selbst" is also a word. But the correct translation of "selbst Erwerbstätigkeit ist bewilligungspflichtig" would be "even employment is subject to approval" which doesn't really make sense

Edit: dug up one of my old expired B permits to show what I meant:
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