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Old 31.03.2021, 11:21
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Family reunification L permit for UK (Non EU) national

Hi all,

We are UK citizens, my partner got job (long term, but limited time contract) in Switzerland (post Brexit) and L permit .
I have few q's with regard to this:
1) I will get spouse "L" - How hard is it to employ someone on an “L” spouse compared to someone without a visa? what is the process for my potential employer?
2) If I get a residence permit in one canton and live there, can I work in another?
3) If I have spouse/family reunification “L” visa do I have to spend 100% of the time in Switzerland? Do I have to move immediately once the visa is granted?
4) Do limited time contracts (even if long, say 3-5 years) always result in “L” visa (for UK or non EU)?
5) Assuming you don’t do anything bad and still in the job, is renewal 99% certain? can we renew to permit "B" after 1 year?

Many thanks!
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Old 31.03.2021, 13:16
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Re: Family reunification L permit for UK (Non EU) national

Welcome to the forum.

1. Any employer has to meet certain labour and market conditions before they'd be able to hire you. What those are depends on the job.

2. Should be able to so long as you return to the canton of your residency every day.

3. Your centre of life should be here so yes, you're expected to spend the majority of your time (minimum 183 days) in Switzerland. Otherwise you could lose your permit. If you are out of the country for more than 3 months at a time the permit will become invalid and you would have to go through the whole application process again.

You will have a period of time when you need to move here; the Type D visa for entry into Switzerland (apply for this if you haven't already) will state how long it's valid for.

4. No, it depends on the job, but most will get an L first partly because there are simply more of those available than B's.

5. The employer will still have to show they haven't found an Swiss/EU national who could do the job before the permit would be renewed. They can ask for a B, but there's no guarantee one would be granted. It's normal for non-EU's to be on an L for the first couple of years.
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Old 31.03.2021, 13:16
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Re: Family reunification L permit for UK (Non EU) national

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Hi all,

We are UK citizens, my partner got job (long term, but limited time contract) in Switzerland (post Brexit) and L permit .
I have few q's with regard to this:
1) I will get spouse "L" - How hard is it to employ someone on an “L” spouse compared to someone without a visa? what is the process for my potential employer?
2) If I get a residence permit in one canton and live there, can I work in another?
3) If I have spouse/family reunification “L” visa do I have to spend 100% of the time in Switzerland? Do I have to move immediately once the visa is granted?
4) Do limited time contracts (even if long, say 3-5 years) always result in “L” visa (for UK or non EU)?
5) Assuming you don’t do anything bad and still in the job, is renewal 99% certain? can we renew to permit "B" after 1 year?

Many thanks!
1) You have the right to work with a family reunification visa, then they can just hire you since you already have the right to work under your partner. Whether they will hire a "temporary" worker or not is very dependent on what type of job you are looking for.

2) Yes

3) No, no, Family reunification must be requested within five years. There are probably limits to the amount of time you can be out of the country, but I'm not sure off the top of my head.

4) No, they aren't always L, from my understanding they legally shouldn't be an L if contract in longer than a year, but in practice they give out L's for up to 2 years before switching to a B.

5) Once you have authorization to work, your permit will be 100% renewed as long as you continue to work at the same company. Your partners permit will be tied to the company, and yours to theirs. You will be able to switch jobs, but they won't without applying for approval.
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Old 31.03.2021, 16:02
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Re: Family reunification L permit for UK (Non EU) national

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1) I will get spouse "L" - How hard is it to employ someone on an “L” spouse compared to someone without a visa? what is the process for my potential employer?

Check the job portals.
So far I've never seen that they ask for permit of specific letter, but there's a ton of ads that explicitly say that you HAVE to have valid permit already.

If you don't have permit, then you're in the second group (employer has to prove that they couldn't find anyone from the first group).
With permit, you're in the first (Swiss nationals and people with valid permits).

I've never seen in official documents that there's further distinction inside the group?
@Medea it seems like you're implying that there is one, if so, can you please explain further?
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Old 31.03.2021, 16:20
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Re: Family reunification L permit for UK (Non EU) national

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Check the job portals.
So far I've never seen that they ask for permit of specific letter, but there's a ton of ads that explicitly say that you HAVE to have valid permit already.

If you don't have permit, then you're in the second group (employer has to prove that they couldn't find anyone from the first group).
With permit, you're in the first (Swiss nationals and people with valid permits).

I've never seen in official documents that there's further distinction inside the group?
@Medea it seems like you're implying that there is one, if so, can you please explain further?
It's quite clear in the related law (Section 4.4.1):

"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)."

https://www.sem.admin.ch/dam/data/se...aug-kap4-f.pdf

Personal qualifications usually means a university degree or if not that, several years of experience in the relevant field.

Which means you're wrong AndersonMD since they don't have the right to work here without it being authorised.
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Old 31.03.2021, 16:58
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Re: Family reunification L permit for UK (Non EU) national

@Medea, so you are saying this authorization is rather admin task or my potential new employer would need to go through the same process my husband's employer went through, ie prove they could not find Swiss/EU candidate etc?
Its clear on professional qualifications and this point is covered.
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Old 31.03.2021, 17:04
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Re: Family reunification L permit for UK (Non EU) national

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@Medea, so you are saying this authorization is rather admin task or my potential new employer would need to go through the same process my husband's employer went through, ie prove they could not find Swiss/EU candidate etc?
Its clear on professional qualifications and this point is covered.
As it says any employer will have to make a submission to the cantonal authorities to get permission to hire you. What that will entail will depend on the job and the labour and market conditions that apply to that job. I don't know how alike or different from the normal non-EU hiring criteria it would be.
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Old 31.03.2021, 17:22
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Re: Family reunification L permit for UK (Non EU) national

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Which means you're wrong AndersonMD since they don't have the right to work here without it being authorised.
Yes, I stand corrected, the right doesn't exist for short term permits.

I was basing it on this,

"Le conjoint étranger d’un ressortissant suisse ou du titulaire d’une autorisation d’établissement ou de séjour, ainsi que ses enfants étrangers (art. 42 à 44) peuvent exercer une activité lucrative salariée ou indépendante sur tout le territoire suisse."

The foreign spouse of a Swiss national or of the holder of an establishment or residence permit, as well as his foreign children (art. 42 to 44) may exercise a salaried or self-employed gainful activity throughout Switzerland.

But I guess an L permit doesn't count as a residence permit (permis de séjour)?

edit: I also have a SEM document on family reunification which states:

"Access to the labour market

Regardless of their nationality, persons who come to Switzerland by virtue of family reunification (their spouse as well as the children who are under the age of 21 or receive support) have the right to work anywhere in Switzerland and in the branch of their choice. They may also work in a self-employed capacity.

However, relatives in the ascending line who enter Switzerland by virtue of family reunification, do not have the right to work."

So I am a bit confused
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Old 31.03.2021, 18:14
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Re: Family reunification L permit for UK (Non EU) national

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Yes, I stand corrected, the right doesn't exist for short term permits.

I was basing it on this,

"Le conjoint étranger d’un ressortissant suisse ou du titulaire d’une autorisation d’établissement ou de séjour, ainsi que ses enfants étrangers (art. 42 à 44) peuvent exercer une activité lucrative salariée ou indépendante sur tout le territoire suisse."

The foreign spouse of a Swiss national or of the holder of an establishment or residence permit, as well as his foreign children (art. 42 to 44) may exercise a salaried or self-employed gainful activity throughout Switzerland.

But I guess an L permit doesn't count as a residence permit (permis de séjour)?

edit: I also have a SEM document on family reunification which states:

"Access to the labour market

Regardless of their nationality, persons who come to Switzerland by virtue of family reunification (their spouse as well as the children who are under the age of 21 or receive support) have the right to work anywhere in Switzerland and in the branch of their choice. They may also work in a self-employed capacity.

However, relatives in the ascending line who enter Switzerland by virtue of family reunification, do not have the right to work."

So I am a bit confused
No, the permit types in the French link are:

C permit - etablissement
B permit - sejour
L permit - court durée

Under the law B permit dependents should also not have the right to work, but the Swiss government decided not to implement that so they can work without needing prior authorisation.

"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."
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Old 31.03.2021, 18:17
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Re: Family reunification L permit for UK (Non EU) national

Ok, so in practice, all family regroupment except L permit holders have the right to work.

Thank you for the information.
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Old 31.03.2021, 18:20
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Re: Family reunification L permit for UK (Non EU) national

Yes. B and C dependent permit holders can work without authorisation. L dependent permit holders need the employer to make a submission to get authorisation for them.
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Old 31.03.2021, 19:25
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Re: Family reunification L permit for UK (Non EU) national

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It's quite clear in the related law (Section 4.4.1):

"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)."

Uf, thanks for pointing this out!

Pity you don't have the information what exact procedure is (what exactly is authorisation) or where to find it?
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Old 31.03.2021, 19:32
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Re: Family reunification L permit for UK (Non EU) national

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Uf, thanks for pointing this out!

Pity you don't have the information what exact procedure is (what exactly is authorisation) or where to find it?
Cantonal employment or migration offices I would guess since one or both of them would be the ones to give said authorisation to work.
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Old 03.04.2021, 16:58
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Re: Family reunification L permit for UK (Non EU) national

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5) Once you have authorization to work, your permit will be 100% renewed as long as you continue to work at the same company.
Sadly not the case. My employer has spent the best part of the last 6 months trying to renew the permit for a non-EU with an extremely specialist skill set (unique, I'd say). 2 years on L were fine; to keep that person requires a bump up to a B, and they're having to jump through hoop after hoop after hoop and still it's not done
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Old 06.04.2021, 10:57
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Re: Family reunification L permit for UK (Non EU) national

thank you all for your comments! very helpful
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Old 06.04.2021, 13:09
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Re: Family reunification L permit for UK (Non EU) national

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Sadly not the case. My employer has spent the best part of the last 6 months trying to renew the permit for a non-EU with an extremely specialist skill set (unique, I'd say). 2 years on L were fine; to keep that person requires a bump up to a B, and they're having to jump through hoop after hoop after hoop and still it's not done
They were given an L with a permanent contract? Or they have been on short term contracts?
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Old 06.04.2021, 13:16
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Re: Family reunification L permit for UK (Non EU) national

Non EU often get a one year L permit, even with permanent contracts (all my non EU colleagues have/had that)
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