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Old 21.05.2020, 10:43
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Switch job on L permit

Please help me with this situation.
Current Situation: I am from the third country working on L permit for the last 1 year and extension for another year is approved. The employer will apply for B permit after it. My spouse came here as a dependent and she got a job.
Problem: I am not happy with the current employer due to their unethical practices. I want to switch employer.
Questions:
1. Is it legally possible to switch employer while on L permit? Does the new employer need to apply for a fresh permit? If so, is B permit possible?
2. Is it safe to resign assuming the canton will approve? (I am in IT with highly specialised skills and experience which are in demand).
3. If the canton declines my application, can I continue to stay without job till my permit expiry date? Will I get RAV benefits?
4. My spouse's employer has suggested that they will do something in such a case. Though they have limited experience with permits. Can they help like applying primary work permit for her?
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Old 21.05.2020, 11:26
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Re: Switch job on L permit

I would strongly advise that you handle your dissatisfaction with your employer for another year till you get the B. And in any case don't quit your job without having a signed offer with another company. Finding a job here in CH can take over a year, the market is extremely competitive. A year you will not have, as non-EU, especially on L.
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Old 21.05.2020, 11:36
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Re: Switch job on L permit

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1. Is it legally possible to switch employer while on L permit? Does the new employer need to apply for a fresh permit? If so, is B permit possible?
No, not on the same L permit. The new employer would have to apply for a new permit as if you weren't already in Switzerland. Once you've started with an L, it's not possible to get a B permit in Zurich until you've spent two years on an L.
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2. Is it safe to resign assuming the canton will approve? (I am in IT with highly specialised skills and experience which are in demand).
No, your L permit is tied to your employment at your present employer. Once you resign, your purpose of stay as negotiated by the employer with the authorities is fulfilled and you can be ordered to leave Switzerland.
The only thing the canton can approve is the request for a new non-EU permit from your next employer. As a non-EU person you cannot negotiate anything with the labor market authorities directly (and those have the final say until you gain a non-tied B or a C permit), it always has to be through a current or prospective employer.

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3. If the canton declines my application, can I continue to stay without job till my permit expiry date? Will I get RAV benefits?
You'll likely receive an order to leave Switzerland within 1-2 months of leaving your job (the employer has to report your resignation to the immigration office within 30 days and then they will take action). You're not eligible for ALV (RAV) as those benefits are for people that are freely employable in Switzerland. A non-EU person with an L permit (which is always tied to a particular employer) is not freely employable in this sense.

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4. My spouse's employer has suggested that they will do something in such a case. Though they have limited experience with permits. Can they help like applying primary work permit for her?
They can apply, but the outcome is not guaranteed even for a company with ample experience with non-EU permits. So this is very risky.
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Old 21.05.2020, 12:36
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Re: Switch job on L permit

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4. My spouse's employer has suggested that they will do something in such a case. Though they have limited experience with permits. Can they help like applying primary work permit for her?
They can apply, but the outcome is not guaranteed even for a company with ample experience with non-EU permits. So this is very risky.
To expand upon the above, when your spouse's employer hired her, they didn't need to go through a lengthy process. Being your dependent meant she only needed a job contract, and then the cantonal authorities added the working permissions to her permit.

If she wants to be the main permit holder, the employer needs to go through the non-EU hiring process - the same process your employer had to do to hire you. That means advertising the job on multiple sites for a certain amount of time, interviewing many candidates, and proving there is no Swiss or EU available to do the job. It doesn't matter if she's been working in that job for a while, she's considered a fresh candidate competing against the locals. Does she also have special, in-demand skills that are rarely found here?

In this "Corona" climate, I would not bank on that process being quick or easy.

I've been on this forum a long time and I can't recall more than 1 or 2 times that such a permit switch was successful.
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Old 21.05.2020, 13:35
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Re: Switch job on L permit

Very difficult to switch the 'primary' permit holder to the second one.


But if you are Non-EU then your spouse's employer would have jumped through hoops too - normally with an L dependent permit Non-EU there is no automatic permission to work.


Is your spouse's income higher than yours and more qualified than yours ? If so, you could ask to have it swapped over... and see how you go.


But generally you are 'tied' to the employer. If they are unethical then you have the option of demanding they behave in a lawful way, or to report them to the necessary authorities.


If you get a new employer, then they will have to jump through hoops, as your first employer did...so unless you are really really desirable, or have a new potential employer that is willing to go out on a limb to do this, you do risk losing your permit, for both you and your spouse.


Even with 'B' the permit is tied, so the other option is to ask your spouse's employer if they would be willing to request (and pay for!) the B permit, and go through the process for her... that may actually be easier...


But then you will be the 'dependent' and even with a B permit you may still be tied... there are different permits.. as Non-EU even once you change to B, it depends if it's a long-term permanent open job. If it's contract with a specific length then even the B may be tied...



Best bet is to ask your spouse if they can ask their employer if they would request a B permit for her that is not 'dependent' - and see if they are able to jump through the hoops.


Or just wait till it changes to the B.


A word of warning - I had a friend from India - one spouse in IT, one spouse in Banking. Main permit holder's contract was not renewed. Soon as spouse's employer found out, they cancelled her work contract as well. That was with one of the big banks.. Nasty, but they declared very quickly that they had no interest in trying to get any sort of work permit 'independently' for her. They wanted to find a replacement as quickly as possible...
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Old 21.05.2020, 13:38
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Re: Switch job on L permit

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In this "Corona" climate, I would not bank on that process being quick or easy.

I've been on this forum a long time and I can't recall more than 1 or 2 times that such a permit switch was successful.
Right. I just want to add that Switzerland stopped processing new non-EU work permit applications and new EU immigrants and family reunification sometime in March due to the coronavirus and so far they haven't communicated even an approximate date when they'll resume the non-EU process. That'll probably happen soon enough if the virus stays under control (they've started processing new EU immigrants about two weeks ago), but there's no guarantee.
There's definitely going to be a backlog when they resume processing, and as 3Wishes mentioned, the entire theater with advertising the position and finding no qualified Swiss/EU candidates can easily take around 2-3 months and the application can still be rejected afterwards.
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Old 22.05.2020, 21:40
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Re: Switch job on L permit

There are cases when the visa is tied to a project and company, the visa needs to be surrendered. In which case a cooling off period of 12 months is applicable. This is in general for non-EU.
I'm not sure if the other employer applies for B open. But it is not easy to get a direct employment.
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Old 23.05.2020, 10:02
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Re: Switch job on L permit

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Please help me with this situation.
Current Situation: I am from the third country working on L permit for the last 1 year and extension for another year is approved. The employer will apply for B permit after it. My spouse came here as a dependent and she got a job.
Problem: I am not happy with the current employer due to their unethical practices. I want to switch employer.
Questions:
1. Is it legally possible to switch employer while on L permit? Does the new employer need to apply for a fresh permit? If so, is B permit possible?
2. Is it safe to resign assuming the canton will approve? (I am in IT with highly specialised skills and experience which are in demand).
3. If the canton declines my application, can I continue to stay without job till my permit expiry date? Will I get RAV benefits?
4. My spouse's employer has suggested that they will do something in such a case. Though they have limited experience with permits. Can they help like applying primary work permit for her?

Before you do anything that I or another member of this forum suggest, check with your cantonal Service de l'industrie, du commerce et du travail/Dienstelle für Industrie, Handel und Arbeit. Don't hesitate to ask them questions directly.

Several years ago, I had a third country L permit and was quite unhappy working at a startup. Fortunately, the founder was also looking to cut costs. I met a good recruiter who gave me some good advice. Do not resign, get made redundant, look for a new job, have the new employer go through the search process (CH > EU > third country), then have my L permit transferred. It didn't even matter that it was in the same canton. And that L permit will most likely be transformed into a B permit in due course, since an L permit can only be renewed twice annually, I think.

As to the situation with the dependent wife, highly unlikely. As the others note, it will require that her employer go through the motions of searching for a new candidate. I know of a situation where the dependant wife has the rarer skill set so it might work but nothing concrete to report.

Personally I'm sick of the EU rubbish, have no use for them. Let Switzerland choose its own immigrants.
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Old 23.05.2020, 23:46
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Re: Switch job on L permit

You might not want to hear my advice, but if you are on course for a B permit with your current employer, I would just suck it up until you have the B in your hand.

As far as I know, B permits for 3rd countries aren't as easy to come by as they once were.

As someone else said, I thought L permits were tied to specific projects, but I might me wrong on that.
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