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Old 02.06.2021, 12:54
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Change of Job and canton (L Permit)

Hello everyone,

I am looking for information concerning work and residence permit. My understanding is that when a person is hired from outside EU, the company applies for the work permit and the we obtain the residence card.

My current employer previously asked for a work permit (I have define contract with them), which they obtained and I had to go to the immigration office with the document from SEM to obtain the residence card.

Now my contract is expiring and so is my residence card. In the meanwhile I found a job in another canton for indefinite period and the said they said they would apply for my work permit. They sent me a document called "Kantonswechsel" (meaning change of canton I guess, I don't speak german at all). On the end of the document it says that this ruling expires is I don't change canton in 3 months or if the attendance permit is refused.

What is the meaning of "if the attendance permit is refused"? Can my permit still be refuse. If yes, what is the significance of this document?

When my current employer applied for permit, they received a document saying that "Under XYZ law this person is permitted to work". The document sent by the new company doesn't state this thing and now I don't understand my legal position. Didn't they need to apply for my work permit from SEM?

If someone has information on this please share. I shall be thankful.

Best regards,
Rabia
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Old 02.06.2021, 15:50
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Re: Change of Job and canton (L Permit)

Your legal position is that when your current employment ends you're expected to leave Switzerland since switching employers on a non-EU L permit isn't possible except for a very good reason. You would need a break of at least a year out of the country before you would be considered for a new permit.

"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...000/142.20.pdf

Unless the new company can give the migration office a really, REALLY good reason why they have to employ you and not a Swiss/EU national to do the job they won't be able to employ you.
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Old 02.06.2021, 16:25
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Re: Change of Job and canton (L Permit)

So basically, your new employer has to do (at least) the same process as your first one did, and it has to be done before your current permit expires, so that you can get a new permit for a new canton.

The fact that you currently own a L permit basically doesn't mean anything, except maybe if there's some additional restriction like what Medea mentioned about this break.

I think if your permit expires, you have to leave the country and then this year break kicks in, but if you manage to find (as you did) something else, then you have a chance of avoiding that pause.
However, I just think, I don't know.

If your new company is willing to do the process, that's great, you'll get your answers.
Fingers crossed that they do the right paperwork and that indeed you might get another permit without obligatory pause.

But yes, "until you get the official confirmation, don't count on getting the permit" is probably the best approach from the keeping the sanity perspective, and work on plan B which you can put in motion ASAP if needed (eg organising move out).
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