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  #1  
Old 07.04.2021, 19:32
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B permit with new permanent contract after one year L permit

Hello,
Maybe my question was asked by other users, but I couldn't find them. So I am opening a new thread.
I'm non-EU, had a work permit L for a 1-year contract. Now I am about to renew my L permit, but the employee changed my contract to Open-ended one (unlimited, or permanent). So, now I want to apply for a B permit, instead of renewing my L permit. My question is that who needs to begin the process of obtaining a B permit for me? The employee itself, or, I need to begin contacting the local office?

Thanks in advance for your answers.
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  #2  
Old 07.04.2021, 20:02
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Re: B permit with new permanent contract after one year L permit

Your employer can ask for a specific permit, the authorities decide which one you get. You cannot do anything, your employer has to initiate the process as you are non EU.
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  #3  
Old 07.04.2021, 23:55
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Re: B permit with new permanent contract after one year L permit

You are the employee, the company you work for is your employer. (similarly in French).
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Old 08.04.2021, 00:08
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Re: B permit with new permanent contract after one year L permit

Also, do not be suprised if you get another L - usually they are pre-approved for two years for Non-EU.


As others have said the L/B situation is not something you can control.


When it moves from L to B after two years then your employer may be required to fully advertise your position and prove a second time that they cannot find anyone in Switzerland/EU to do the job...


so it may be better to just let it go - L permit is what will be, and I've certainly been in that position and it was super-stressful waiting to see if the B permit would be granted after two years...


It takes quite a long time to put down roots here... most local Swiss and EU or UK citizens (*until Brexit) have no idea of the barriers for Non-EU permit holders...
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  #5  
Old 08.04.2021, 08:48
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Re: B permit with new permanent contract after one year L permit

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Also, do not be suprised if you get another L - usually they are pre-approved for two years for Non-EU.


As others have said the L/B situation is not something you can control.


When it moves from L to B after two years then your employer may be required to fully advertise your position and prove a second time that they cannot find anyone in Switzerland/EU to do the job...


so it may be better to just let it go - L permit is what will be, and I've certainly been in that position and it was super-stressful waiting to see if the B permit would be granted after two years...


It takes quite a long time to put down roots here... most local Swiss and EU or UK citizens (*until Brexit) have no idea of the barriers for Non-EU permit holders...
Not all, we as EU citizens have been through the same rough path when we moved here and were surprised to see other folks from non-EU states (who were supposed to encounter more barriers lol) had it much easier. So I personally don't buy this theory but each to their own.

For future references ask someone from Croatia for instance...
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  #6  
Old 12.04.2021, 18:40
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Re: B permit with new permanent contract after one year L permit

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Also, do not be suprised if you get another L - usually they are pre-approved for two years for Non-EU.


As others have said the L/B situation is not something you can control.


When it moves from L to B after two years then your employer may be required to fully advertise your position and prove a second time that they cannot find anyone in Switzerland/EU to do the job...


so it may be better to just let it go - L permit is what will be, and I've certainly been in that position and it was super-stressful waiting to see if the B permit would be granted after two years...


It takes quite a long time to put down roots here... most local Swiss and EU or UK citizens (*until Brexit) have no idea of the barriers for Non-EU permit holders...
Thanks for the correction. Sorry for the spelling error in the 1st post.
I asked HR to call the authorities and inform me. So let's see what will be the outcome.
There is another problem we have: My L permit expires earlier than the ending date of my 1-year contract. Indeed there are about 3 weeks of the gap between these two dates. Am I allowed to continue working because the contract is not finished yet and the project/work is under development?

And yes, non-EU has a very tough situation in Switzerland. But we know this! We can not compare this to the EU and their experience. Because maybe what we call "stress" and "trouble" is different from what have in their head (or experienced).

Best regards.
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  #7  
Old 13.04.2021, 21:49
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Re: B permit with new permanent contract after one year L permit

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Thanks for the correction. Sorry for the spelling error in the 1st post.
I asked HR to call the authorities and inform me. So let's see what will be the outcome.
There is another problem we have: My L permit expires earlier than the ending date of my 1-year contract. Indeed there are about 3 weeks of the gap between these two dates. Am I allowed to continue working because the contract is not finished yet and the project/work is under development?

And yes, non-EU has a very tough situation in Switzerland. But we know this! We can not compare this to the EU and their experience. Because maybe what we call "stress" and "trouble" is different from what have in their head (or experienced).

Best regards.
Emphasis mine. Double-check with the cantonal authorities. AFAIK you can't keep working if you don't have a valid permit. You can stay living here while any application is being processed.

Don't trust internet answers for something as important as potentially breaking employment law and getting kicked out of the country.
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  #8  
Old 14.04.2021, 01:01
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Re: B permit with new permanent contract after one year L permit

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Emphasis mine. Double-check with the cantonal authorities. AFAIK you can't keep working if you don't have a valid permit. You can stay living here while any application is being processed.

Don't trust internet answers for something as important as potentially breaking employment law and getting kicked out of the country.
Not dissuading someone from double checking with authorities, but you definitely can keep working as long as you apply for the permit renewal within the deadline (two weeks before expiry). It can take 3 months for them to get a new permit in your hands and they don't expect you to stop working while they are processing it. I have worked without a permit for at least a month every year while waiting for my renewed permit. I have currently been working for a month and a half with an expired permit. We recently inquired about it and they just told us to be patient while they process the prolongation (it has been approved but we still don't have it) and that it wasn't a problem.
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  #9  
Old 15.04.2021, 09:56
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Re: B permit with new permanent contract after one year L permit

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Not dissuading someone from double checking with authorities, but you definitely can keep working as long as you apply for the permit renewal within the deadline (two weeks before expiry). It can take 3 months for them to get a new permit in your hands and they don't expect you to stop working while they are processing it. I have worked without a permit for at least a month every year while waiting for my renewed permit. I have currently been working for a month and a half with an expired permit. We recently inquired about it and they just told us to be patient while they process the prolongation (it has been approved but we still don't have it) and that it wasn't a problem.
Thanks for answers.
Yes. I heard the same thing from HR.
During this period, if you want to apply for something that you need to show the permit, what usually you do? (Even to police, or boarder police in case of a work trip, for example)
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  #10  
Old 15.04.2021, 12:10
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Re: B permit with new permanent contract after one year L permit

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Thanks for answers.
Yes. I heard the same thing from HR.
During this period, if you want to apply for something that you need to show the permit, what usually you do? (Even to police, or boarder police in case of a work trip, for example)
If you want to leave the country (Schengen) you can go get a re-entry VISA that they put in your passport. It costs about 100CHF if I remember, I only had to get one once because I needed to travel. It is similar to the one you would have got when you first entered Switzerland. It lasts 3 months which should be long enough for you to get a new permit. I've never had to show my permit to police within the country so I never bothered getting one if I didn't have to travel.
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Old 11.05.2021, 00:14
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Re: B permit with new permanent contract after one year L permit

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Also, do not be suprised if you get another L - usually they are pre-approved for two years for Non-EU.


As others have said the L/B situation is not something you can control.


When it moves from L to B after two years then your employer may be required to fully advertise your position and prove a second time that they cannot find anyone in Switzerland/EU to do the job...


so it may be better to just let it go - L permit is what will be, and I've certainly been in that position and it was super-stressful waiting to see if the B permit would be granted after two years...


It takes quite a long time to put down roots here... most local Swiss and EU or UK citizens (*until Brexit) have no idea of the barriers for Non-EU permit holders...
Quote:
View Post
Not dissuading someone from double checking with authorities, but you definitely can keep working as long as you apply for the permit renewal within the deadline (two weeks before expiry). It can take 3 months for them to get a new permit in your hands and they don't expect you to stop working while they are processing it. I have worked without a permit for at least a month every year while waiting for my renewed permit. I have currently been working for a month and a half with an expired permit. We recently inquired about it and they just told us to be patient while they process the prolongation (it has been approved but we still don't have it) and that it wasn't a problem.
Hello,
I've just received an email saying that HR applied for an L permit renewal and it is the law that doesn't allow them to apply for B.
HR also said for they will apply for a B the next year 3 4 months before L expiry ... Do you know in the transmission from L to B (after 2 years on L) if quotas still apply? and also the employer needs to do job advertisement and all the things from scratch to take me again? How is it possible? Because the last that time they did this, I was one of the candidates, but this time it is a bit strange and awkward for me to become a candidate for my current position that I am already doing it

Thanks in advance for your answers and help.

Another question, Do you know if the non-EU spouse of a non-EU master level student in Switzerland is allowed to work?
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  #12  
Old 11.05.2021, 00:26
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Re: B permit with new permanent contract after one year L permit

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Do you know in the transmission from L to B (after 2 years on L) if quotas still apply? and also the employer needs to do job advertisement and all the things from scratch to take me again?
Yes they do, first-time L and B permits come from different quota pools. The employer still needs to prove that they cannot find a Swiss/EU national to fill the position. I'm not sure the whole theater with the job posting is required but it's definitely not pro forma.


Quote:
Another question, Do you know if the non-EU spouse of a non-EU master level student in Switzerland is allowed to work?
Yes, the non-EU student will get an academic B so their spouse will have a dependent B permit with permission to work.
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  #13  
Old 11.05.2021, 11:40
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Re: B permit with new permanent contract after one year L permit

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Yes they do, first-time L and B permits come from different quota pools. The employer still needs to prove that they cannot find a Swiss/EU national to fill the position. I'm not sure the whole theater with the job posting is required but it's definitely not pro forma.



Yes, the non-EU student will get an academic B so their spouse will have a dependent B permit with permission to work.
Thanks.
Do you know if I'll get a tied B permit or open one according to my new open-ended contract (from the 2nd year) and my non-EU nationality? I read a lot of threads and posts, they didn't help me to find a good answer.
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Old 11.05.2021, 11:47
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Re: B permit with new permanent contract after one year L permit

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Thanks.
Do you know if I'll get a tied B permit or open one according to my new open-ended contract (from the 2nd year) and my non-EU nationality? I read a lot of threads and posts, they didn't help me to find a good answer.

It will depend on who the primary permit-holder is...you or your spouse ?



It may be better to switch permits, but you'd really need to check with the cantonal authorities and get their advice.... there are so many different permits and rules... there is not one simple answer...
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Old 11.05.2021, 19:13
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Re: B permit with new permanent contract after one year L permit

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It will depend on who the primary permit-holder is...you or your spouse ?



It may be better to switch permits, but you'd really need to check with the cantonal authorities and get their advice.... there are so many different permits and rules... there is not one simple answer...
I am the only permit holder here currently.
What is the switching permits?
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