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Old 15.10.2020, 12:55
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Contract not being renewed, non-EU (US) L Permit

I learned that my contract won't be renewed after end of Feb 2021. Or at least not long term. My employer does mention the possibility of extending for just two additional months out to end of Apr 2021. I assume this is because he has some ear-marked money to burn before that date.

Does anyone mind giving me a run-down of some things to think about in my situation?

My understanding of the situation is roughly like this:

If wishing to stay in CH I should let the authorities know right away what is going on, that I am seeking similar work ASAP, and possibly they would even be willing to give me a job-searching extension in this case? I am comfortable going to the cantonal offices and speaking German with them and so on and I think it helps my case if I am communicative and proactive.

If not wishing to stay I would want to start planning to get out quickly (eg terminate my lease and so on) right after the end of my contract, since as I understand if you don't have some kind of extension, the L permit really is "temporary" in the sense that when it runs out you are expected to GTFO.

If wishing to stay and I don't find a job immediately, and also don't get some kind of job-search extension from the authorities, then I suppose I would have the option of leaving CH but still staying sort of in the area for interviews, and as long as I am not living in it is it possible to continue to pay rent and maintain my lease, rather than moving my things to storage? AFAIK I would then have like the 90-days for US citizens in Schengen, where I could hang out in neighboring countries and be applying for jobs in CH.

I think the 2 month extension if I can secure it is only useful insofar as giving me an extra 2 month's time to find something else. Unless it is something like-- there is no such thing as a 2 month permit, so they would be forced to give me another 1 yr permit or something, so I'd automatically have then an additional 10 months (without pay) where I could stay in CH and try to find another job.

Just sorta brainstorming here, not looking for anyone to solve my problems for me, just appreciate any stories of anyone who went through something similar or anyone who doesn't mind throwing some pointers my way. For me I moved to CH a bit for the adventure and EF was a huge help in making that possible for me so regardless of my longer-term outcome I am really grateful for random tidbits and exchanges I have had here on the forum.
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Old 15.10.2020, 14:16
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Re: Contract not being renewed, non-EU (US) L Permit

Sorry, but it doesn't work that way for non-EU nationals on L permits. Your permit is tied to your employer to do a specific job and once that job is done then you're expected to leave the country.

Once your L permit is finished technically you're not eligible to be considered for another without a suitable break between; this is usually a year minimum.

Chapter 6 Regulation of the Period of stay
Art. 32 Short stay permit

1 The short stay permit is granted for limited periods of stay of up to one year.

2 It is granted for a specific purpose of stay and may be made subject to additional conditions.

3 It may be extended by up to two years. A change of job is only possible for good cause.

4 The short stay permit may only be granted again after an appropriate interruption of stay in Switzerland.

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

You could try applying for another job, but any Swiss employer will have to go through the non-EU hiring criteria again and prove they can't find a Swiss/EU national who could do the job. That could take much longer than the 90 days you're allowed as a tourist in Schengen.
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Old 15.10.2020, 15:11
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Re: Contract not being renewed, non-EU (US) L Permit

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Sorry, but it doesn't work that way for non-EU nationals on L permits. Your permit is tied to your employer to do a specific job and once that job is done then you're expected to leave the country.

Once your L permit is finished technically you're not eligible to be considered for another without a suitable break between; this is usually a year minimum.

Chapter 6 Regulation of the Period of stay
Art. 32 Short stay permit

1 The short stay permit is granted for limited periods of stay of up to one year.

2 It is granted for a specific purpose of stay and may be made subject to additional conditions.

3 It may be extended by up to two years. A change of job is only possible for good cause.

4 The short stay permit may only be granted again after an appropriate interruption of stay in Switzerland.

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

You could try applying for another job, but any Swiss employer will have to go through the non-EU hiring criteria again and prove they can't find a Swiss/EU national who could do the job. That could take much longer than the 90 days you're allowed as a tourist in Schengen.
Ah yes thanks for the reminder about the 1 yr break required between repeated L permits, I had forgotten about that.

Yes I assume on paper if I were actually able to stay continuously that this would be a seemingly brand new round of the non-EU criteria and I guess maybe it would have to be from the B permit quota this time.

There are 4 months to the end of my contract or 6 months if they do this 2 month extension for me, so that is quite a decent length of time during which a new non-EU permit could potentially be processed.

I can also apply for other jobs of same qualification within my same organization. My L permit on the back specifies a job category and the name of the larger organization, not the exact group that has been employing me.

In reality I think there is a lot of gray area. Whenever I have spoken to HR or private consultants who deal with permit issues, there is seemingly a lot of wiggle room. In reality probably certain businesses or permit lawyers have good relationships with the authorities and the process goes more smoothly in those cases. I don't know if that spells optimism or pessimism for me or for anyone reading this. We'll see how it goes in my case; I'll be sure to report back.
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Old 15.10.2020, 17:16
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Re: Contract not being renewed, non-EU (US) L Permit

What about

3 It may be extended by up to two years. A change of job is only possible for good cause.?



Your employer making you redundant would seem to be good cause.
H
I'd guess you're in your first year?
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Old 15.10.2020, 17:27
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Re: Contract not being renewed, non-EU (US) L Permit

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What about

3 It may be extended by up to two years. A change of job is only possible for good cause.?



Your employer making you redundant would seem to be good cause.
H
I'd guess you're in your first year?
No it will be fully 2 years at the end of the contract. or 2yr 2mo if they decide to extend an additional 2 months.

So even if they had extended it would have required a "new" B permit allocation.

My feeling though is that when you are on an L say for 2 years and your job wants to extend you say another 2 years, or 5, or upgrade you to a permanent contract, that to the authorities it will look like a "Verlängerung" of some kind, and it will therefore go onto a different pile versus if it were a brand new application from outside the EU. Or maybe it would end up on the same pile but the HR department would just make a bunch of friendly phone calls and preparation of paperwork to make it super duper easy for the Canton, and therefore it would be easy-peasy. Don't really know that's just the feeling I got from them when they talked about potentially extending me longer.
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