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Old 05.07.2020, 15:31
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L permit expiring. Applying for L permit in a different Canton

Hey everyone!

I am having a very peculiar situation and was wondering if anyone has been through something similar?

I am a non-EU with an L study permit in Ticino that is expiring at the end of this month and am currently applying with an office in Basel for a different L work permit.

Due to the COVID situation, the final decision of my application is probably going to happen after my permit expiring in Ticino. I was told I could remain in Switzerland as long as my application was in process, but had to leave Ticino and announce that I was going to Basel.

Basel tells me I have to ask to move there and wait until they accept to unregister from Ticino, but that process could also take longer than my expiring permit date.

Has anyone ever been in the same situation or know which laws are applicable independent of Cantons? It seems like both cantons don't agree with the same things.
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Old 05.07.2020, 15:47
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Re: L permit expiring. Applying for L permit in a different Canton

As a non-EU, the employer has to go through a specific process to request your work permit (unless you're a recent graduate from a Swiss university, then the rules are a bit different). I do hope your employer is helping you with this??

If the authorities in Basel are giving you advice and saying you can stay in CH while the request is processing, ask them to put it in writing. That way you shouldn't have trouble if your new permit is not approved before the old one expires.
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Old 05.07.2020, 16:15
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Re: L permit expiring. Applying for L permit in a different Canton

Hi! Thank you for your answer.

The office is taking care of the application process and has been very helpful. They are also in contact with the authorities in Basel, but it seems what Basel says and what Ticino says are very different things.
While the office is in contact with Basel, I am in contact with Ticino to make sure I don't overstay illegally, even though Basel tells me I need to wait in Ticino until they grant me the right to move.
My biggest concern is that even though I can apparently wait for the answer in Switzerland, each canton tells me I need to wait for it on the other canton. Super confusing.

I agree getting the information down on writing would be an important action.
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Old 05.07.2020, 16:46
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Re: L permit expiring. Applying for L permit in a different Canton

The relevant law is in here 3.1.8.2, not that it helps much except to say you have to apply for a new permit with the new canton before you can move.

https://www.sem.admin.ch/content/dam...ngen-aug-f.pdf

As far as I know if there's an application for a new permit you can stay until a decision is made.
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Old 05.07.2020, 16:46
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Re: L permit expiring. Applying for L permit in a different Canton

Maybe get something in writing from each side and submit to the other, and see which one decides okay, you can stay here?
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Old 05.07.2020, 16:56
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Re: L permit expiring. Applying for L permit in a different Canton

Or ask SEM the Federal office which deals with these sort of things. They'll be able to clarify whether you can stay here while you wait and where you can stay.

https://www.sem.admin.ch/sem/en/home...s/kontakt.html
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Old 05.07.2020, 18:17
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Re: L permit expiring. Applying for L permit in a different Canton

Thank you for your help!

I am sending emails to both Cantons and will compare their written replies. I guess if they cannot get to any agreement between both I can then contact the SEM.

I will post here further developments, in case anyone ever has the same situation.
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Old 10.07.2020, 12:45
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Re: L permit expiring. Applying for L permit in a different Canton

So, I am posting the updates on this situation, in case it ever helps anyone else.

Basel authorities have confirmed with me that one can remain in Switzerland while a permit is being processed. They did not know why Ticino said I should leave the Canton, because technically I could stay in whichever canton awaiting this decision.

In any case, I managed to get this confirmation in writing, as suggested. I would recommend anyone in a similar situation does the same!
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