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Old 22.04.2021, 15:10
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Appeal to get B instead of L

So, my wife got a job (managing position at a Haute École) in Valais. Her employer applied for a B permit for her (the job is permanent). We just received he copy of the "work and commerce" cantonal administration's decision, dated April 12, which is that they approve of a quota unit being realeased for her and an L permit issued. Now I understand it's fairly common for people to get an L permit the first year or two to avoid depleting the B permit quotas even though that's really not what L permits are meant for. But now with the pandemic, it's already known that they do not expect to use all the B permit quota in 2021 (and they didn't in 2020) we have a hard time understanding why they would still do it.

It puts us in a bind, as in my field, there is no such thing as a salaried job, there is only freelance. Getting an L permit means I don't be able to work and contribute at all, as freelance work is not allowed for L permit family members, whereas the B permit would have allowed me to be self-employed.

The employer doesn't seem to have noticed that the decision is for an L rather than B permit. I'm wondering if the employer would have any way to go back to the work authorities and/or immigration to make a case for issuing the B permit instead before the process is over, or if they need to wait until the end of the process to appeal, or if its simply impossible to do anything about it at all. Anybody has experience with a similar situation?
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Old 22.04.2021, 15:33
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Re: Appeal to get B instead of L

It's completely normal for Non-EU to get L permits for two years before the changeover to B.


The bad news is that the employer will also need to re-advertise the job before they can get the B.


No, it's nothing to do with 'preserving B permits' - your wife's employer has been giving a limited permission to employ someone who is outside of the Schengen zone.... and it's not permanent... even if the contract is 'open-ended' it ties her to the employer and if the job does not work out there is no automatic right to change jobs either - you would be expected to go home.



On the 'plus side' your wife' salary must be considered high enough to support her family, as otherwise you would not be able to get a dependent spouse permit.
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Old 22.04.2021, 16:42
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Re: Appeal to get B instead of L

Sorry to hear that! I would try just calling or emailing the SPOP to see what your options are. If I remember correctly you have been in Switzerland for a while now and graduated from a swiss university? You might be able to get an L with permission to work.
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Old 22.04.2021, 22:11
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Re: Appeal to get B instead of L

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Sorry to hear that!
Thank you! Although of course it's overall a positive thing that it's looking good for a residence permit at all. That part we're quite happy about! The approval of the SICT came within 7 work days of the employer applying, so I guess the application dossier was compelling. Now we'll see how long it takes for cantonal immigration and the SEM to approve the residence permit.

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I would try just calling or emailing the SPOP to see what your options are. If I remember correctly you have been in Switzerland for a while now and graduated from a swiss university? You might be able to get an L with permission to work.
I contacted the SICT (work and commerce authorities in Valais). It is possible to get permission to work with an L permit, but only as an employee (i.e. the employer must apply for permission), not as self-employed/independent. They were categorical that there is no mechanism to obtain an authorisation to become self-employed as an L permit spouse. Technically I can still do some of my work as long as each employer applies for a permit to hire me, but very few will go through that hassle and expense (they're not big contracts, I'm in a gig-based industry, where most of the contracts are 2-3 days of work, with some repeat employers that will hire you a few times per year, but also a lot of single projects.)

The SICT advised that in principle the only course of action assuming my wife gets an L, would be to apply for a B permit on my own instead of family reunification, as an independent worker. But all their documentation makes it pretty clear that you have to have one big contract already lined up in the canton and are basically expected to work for one main client/project, not a cumulation of 20+ different small gigs. Also have to demonstrate economic impact for Valais. As a worker in the culture sector, that's not really the case. I'm extremely qualified in my field of expertise, but it's a small field, and not one of much economic weight. I also have no professional presence in Valais (most of my work is in Basel, some in Zürich, Zug, Bern, Aargau)...so yeah, I don't really fit in any of the "boxes", and not really any chance I'd be approved for that!

Hence why I figured trying to see if there's any way my wife can get a B instead of an L would be the simplest solution. (very long shot, but at this point everything else also is)
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Old 23.04.2021, 01:55
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Re: Appeal to get B instead of L

Long shot, but can you open a company instead of being a freelance?
I mean, you'd be the only one employed in it, but I vaguely remember seeing somewhere something about ability to get permits in such manner?

I don't have a clue how CH actually has this thing solved, in some countries you have distinction between freelancer and company of 1, and in some that's merged.
Of course, tax and other things are insanely different.
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Old 23.04.2021, 06:30
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Re: Appeal to get B instead of L

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Long shot, but can you open a company instead of being a freelance?
I mean, you'd be the only one employed in it, but I vaguely remember seeing somewhere something about ability to get permits in such manner?

I don't have a clue how CH actually has this thing solved, in some countries you have distinction between freelancer and company of 1, and in some that's merged.
Of course, tax and other things are insanely different.
Maybe, but again the company would have to prove they couldn't find a Swiss/EU national to do whatever the work is before they could hire the OP.
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