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Old 29.05.2020, 11:50
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Working with Restricted B visa of Spouse

Hi All,
I'm a therapist and planning to start my own practice in Zurich. But I'm worried about the Visa restrictions. My spouse has a B (restricted) visa, which is for non-EU where the Visa is tied to the project and the company. And I inherit the same Visa as my spouse.

With this Visa, I would not be able to take a job unless the employer provides some documentation to make amendments in my visa that make me eligible to be employed.
As this process is for employment, I couldn't find any information about setting up a practice in government sites.
Does anyone know If I as a non-EU start my own practice with B(Restricted) visa? If so, what needs to be done?

Thanks in Advance for your help.
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Old 29.05.2020, 13:04
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Re: Working with Restricted B visa of Spouse

As far as I know an employer simply has to offer you a contract since they don't have to go through the non-EU hiring criteria. I believe you can also be self-employed, though check that with the cantonal migration office to be sure.

However, note that if/when your spouse's permit ends then so does your permit which means you wouldn't be able to continue to work. It's also unlikely, though not completely unheard of, that you could switch around so your permit was the main one and he became your dependent.

"4.4.1 For-profit activity of family members of a foreigner (Articles 26 and 27OASA)
Art. 26 and 27 OASA provide that the priority (Article 21 LEtr) given to foreign jobseekers already in Switzerland and authorized to work does not apply to the first activity of persons entering Switzerland under the grouping. Family Law (Articles 44 and 45 LEtr). This means that, in particular, holders of a residence permit can not claim priority in respect of persons who have entered Switzerland under the heading of family reunification.

Family members of foreigners who have entered Switzerland under family reunification are not subject to the maximum numbers within the meaning of Art. 19 and 20 OASA.

Only persons entitled to family reunification can invoke the constitutional right to engage in gainful employment (ATF 123 I 212 et seq.). As a result, family members of a Swiss citizen or an established foreigner may, under 46 LEtr and 27 OASA, engage in a lucrative activity without authorization.

On the other hand, family members of a residence permit holder do not enjoy a right to engage in gainful activity. However, given the general objectives of the LEtr (better integration of the foreign population), the legislator decided not to subject the lucrative activity to authorization.

Family members of a holder of a short-term residence permit (Article 26 OASA) do not enjoy the right to exercise a lucrative activity. The exercise of a lucrative activity is subject to authorization. Upon admission, a request from the employer respecting the remuneration and working conditions in use in the locality and branch must have been submitted. In addition, members of the family of a holder of a short-stay permit (Article 26 OASA) must have professional qualifications (personal qualifications, Article 23 LEtr).

The possibility of engaging in a gainful activity for family members is related, according to art. 26 and 27 OASA, for the duration of the authorization of the person who has benefited from family reunification. If the spouse's residence permit is not renewed, his family members can not claim a right to continue their gainful activity (Article 6 (2) OASA)."
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Old 01.06.2020, 11:39
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Re: Working with Restricted B visa of Spouse

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As far as I know an employer simply has to offer you a contract since they don't have to go through the non-EU hiring criteria. I believe you can also be self-employed, though check that with the cantonal migration office to be sure.

However, note that if/when your spouse's permit ends then so does your permit which means you wouldn't be able to continue to work. It's also unlikely, though not completely unheard of, that you could switch around so your permit was the main one and he became your dependent.

"4.4.1 For-profit activity of family members of a foreigner (Articles 26 and 27OASA)
Art. 26 and 27 OASA provide that the priority (Article 21 LEtr) given to foreign jobseekers already in Switzerland and authorized to work does not apply to the first activity of persons entering Switzerland under the grouping. Family Law (Articles 44 and 45 LEtr). This means that, in particular, holders of a residence permit can not claim priority in respect of persons who have entered Switzerland under the heading of family reunification.

Family members of foreigners who have entered Switzerland under family reunification are not subject to the maximum numbers within the meaning of Art. 19 and 20 OASA.

Only persons entitled to family reunification can invoke the constitutional right to engage in gainful employment (ATF 123 I 212 et seq.). As a result, family members of a Swiss citizen or an established foreigner may, under 46 LEtr and 27 OASA, engage in a lucrative activity without authorization.

On the other hand, family members of a residence permit holder do not enjoy a right to engage in gainful activity. However, given the general objectives of the LEtr (better integration of the foreign population), the legislator decided not to subject the lucrative activity to authorization.

Family members of a holder of a short-term residence permit (Article 26 OASA) do not enjoy the right to exercise a lucrative activity. The exercise of a lucrative activity is subject to authorization. Upon admission, a request from the employer respecting the remuneration and working conditions in use in the locality and branch must have been submitted. In addition, members of the family of a holder of a short-stay permit (Article 26 OASA) must have professional qualifications (personal qualifications, Article 23 LEtr).

The possibility of engaging in a gainful activity for family members is related, according to art. 26 and 27 OASA, for the duration of the authorization of the person who has benefited from family reunification. If the spouse's residence permit is not renewed, his family members can not claim a right to continue their gainful activity (Article 6 (2) OASA)."
Thank you for the information. It looks like I could with this info, but its not written black and white. As suggested I'll check with the immigration office.

Will post the updates here that I receive from immigration office.
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