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Old 17.02.2021, 22:15
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Work permit for non-EU citizens in 2021

Hello Everyone,

I know there are several threads addressing this topic but I wanted to get some more information as my situation is causing me major anxiety.

I am a non-EU citizen being considered for a position with an international NGO but hired through a recruitment agency. That means the recruitment agency will be my employer but I will be working as a consultant for their client (the NGO). For all that to happen, the agency will go through the rigorous process required for hiring non-EU nationals.

About the position: Manager role (salary around 120,000 CHF)

My qualifications: Masters degree (from a Swiss university), 7 years of experience, I do have special skills required for the job and have work experience similar to the role I'm being considered for, within the same sector (NGO).

My situation: Currently in Switzerland on a CDL permit which basically means I should leave the country once it expires (in 2 months). I am also well integrated in the country as I've been here for 10 years (4.5 years on a student B permit and 4.5 years on a CDL).

Now given the complexity of acquiring a work permit for non-EU nationals, I would like to know what my chances of success are or should I consider it a lost case?

Also, what can I and the recruitment agency do to increase chances of a positive result?

Thanks guys.
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Old 17.02.2021, 22:52
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Re: Work permit for non-EU citizens in 2021

Is the recruitment agency aware about your status?

From the law on placement of workers and the hiring of temporary personnel via triangular contracts:

Art. 21 Travailleurs étrangers en Suisse
1 Le bailleur de services n’engage en Suisse que des étrangers qui sont admis en vue de l’exercice d’une activité lucrative et autorisés à changer d’emploi.

2 Des exceptions sont possibles pour protéger des intérêts économiques particuliers.

https://www.fedlex.admin.ch/eli/cc/1..._392/fr#art_21
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Old 17.02.2021, 23:07
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Re: Work permit for non-EU citizens in 2021

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Is the recruitment agency aware about your status?

From the law on placement of workers and the hiring of temporary personnel via triangular contracts:

Art. 21 Travailleurs étrangers en Suisse
1 Le bailleur de services n’engage en Suisse que des étrangers qui sont admis en vue de l’exercice d’une activité lucrative et autorisés à changer d’emploi.

2 Des exceptions sont possibles pour protéger des intérêts économiques particuliers.

https://www.fedlex.admin.ch/eli/cc/1..._392/fr#art_21
Thanks for your reply.

Yes the recruitment agency is aware of my status.
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Old 18.02.2021, 09:16
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Re: Work permit for non-EU citizens in 2021

120K with 7 years' experience including temp contract premium? Something is very fishy
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Old 18.02.2021, 11:13
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Re: Work permit for non-EU citizens in 2021

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120K with 7 years' experience including temp contract premium? Something is very fishy
It isn't a temporary contract rather a full time, minimum two year contract with possibility of extension if the project continues.
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Old 18.02.2021, 11:45
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Re: Work permit for non-EU citizens in 2021

By temp contract I meant anything other than an indefinite agreement directly with the employer i.e. becoming an FTE (opex) rather than a short/medium term investment (capex) for the company.

You may be working 100% of the time (full-time) but what you describe is definitely a triangular contract via an agency that usually warrants a c. 30-40% premium of your equivalent salary as a direct hire as the agency will be keeping a hefty sum of your paycheck.
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Old 18.02.2021, 12:03
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Re: Work permit for non-EU citizens in 2021

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By temp contract I meant anything other than an indefinite agreement directly with the employer i.e. becoming an FTE (opex) rather than a short/medium term investment (capex) for the company.

You may be working 100% of the time (full-time) but what you describe is definitely a triangular contract via an agency that usually warrants a c. 30-40% premium of your equivalent salary as a direct hire as the agency will be keeping a hefty sum of your paycheck.
So does this mean it's going to be difficult to get a work permit in these circumstances? Because I know that the agency has been used to provide specialists to the organisation before.
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Old 18.02.2021, 12:05
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Re: Work permit for non-EU citizens in 2021

If the employment company is prepared to invest time, resources and money to secure a permit for you, they must have a reasonable expectation that they would be successful.

The NGO I worked for got their permits under an agreement it had with the federal government. The Canton didn’t have much say and they didn’t come from their quota. (However that situation is not common, I think only one other NGO had this status)
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Old 18.02.2021, 12:08
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Re: Work permit for non-EU citizens in 2021

No clue but given the restriction of personnel rental to people with already acquired working rights (quote in my previous post) and the fact that 120K is far from specialist level I would say hard sell
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