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Old 12.10.2021, 15:02
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Non-eu permit tied to employer to open permit?

I (Non-EU) have a B permit tied to my employer in Zürich expiring mid next year. I found a new opportunity locally and the new company is willing to apply for my permit from a different Canton i.e. Basel. What are the chances my permit will be approved?, How long can it take? Will the Canton Authorities contact my current employer?
Is Basel more lenient than Zürich in terms of work permit ?

The contract is indefinite so will it be open or still a closed one?
Obviously, I haven’t informed my employer yet and new company asked me not to put down the papers until they are sure that my work permit will be approved.

The permit is applied(just the processing part, not the job offered by) by one of the Big-four consulting firm, does that make a difference?

Thank you for your insights,

Cheers!
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Old 24.10.2021, 22:18
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Re: Non-eu permit tied to employer to open permit?

B-permit for non-EU is structured that you must reside (live) in canton that issued the permit and is locked to the employer. Your way is to either have new company request new permit for you via MigrationsAmt or have C-permit issued (see C-permit requirements).
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Old 26.10.2021, 10:38
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Re: Non-eu permit tied to employer to open permit?

you get to ask your employer to release it.
MigrationAMT doesnt really have anything to do with that, instead, AWA (Amt für Wirtschaft und Arbeit) knows the status.

if your company has the willingness they can simply send a letter otherwise if you change the job you get to apply the new permit.

That is from my experience, in ZH anyway.

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I (Non-EU) have a B permit tied to my employer in Zürich expiring mid next year. I found a new opportunity locally and the new company is willing to apply for my permit from a different Canton i.e. Basel. What are the chances my permit will be approved?, How long can it take? Will the Canton Authorities contact my current employer?
Is Basel more lenient than Zürich in terms of work permit ?

The contract is indefinite so will it be open or still a closed one?
Obviously, I haven’t informed my employer yet and new company asked me not to put down the papers until they are sure that my work permit will be approved.

The permit is applied(just the processing part, not the job offered by) by one of the Big-four consulting firm, does that make a difference?

Thank you for your insights,

Cheers!
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Old 16.11.2021, 00:15
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Re: Non-eu permit tied to employer to open permit?

Posting replies in case anybody is in similar situation
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I (Non-EU) have a B permit tied to my employer in Zürich expiring mid next year. I found a new opportunity locally and the new company is willing to apply for my permit from a different Canton i.e. Basel. What are the chances my permit will be approved?
Permit is approved by both SEM and Canton

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How long can it take? Will the Canton Authorities contact my current employer?
In my case it took a total of 6 weeks
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Is Basel more lenient than Zürich in terms of work permit ?
Looking at the permit rejections in my company it looks Zurich is more strict.

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The contract is indefinite so will it be open or still a closed one?
I dont know whether it is open or closed. Can some please read below and tell me?
Befristet bis is empty

"Analog mit dem SEM abgesprochener Praxis, gestützt auf Art. 40/3 AIG Verlängerung innerhalb
der befristeten Aufenthaltsbewilligung nach Art. 20 VZAE resp. Aufhebung der Befristung bei
gleichzeitigem Stellenwechsel von der ehemaligen Entsendefirma zur "redacted".,
Canton, von der Herr myName einen lokalen, unbefristeten Arbeitsvertrag erhalten hat,
aufgrund der notwendigen Branchen- und Fachkenntnissen, ohne erneute Kontingentsvergabe."-- Not sure what this means

Obviously, I haven’t informed my employer yet and new company asked me not to put down the papers until they are sure that my work permit will be approved.

The permit is applied(just the processing part, not the job offered by) by one of the Big-four consulting firm, does that make a difference?

Thank you for your insights,

Cheers![/QUOTE]
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  #5  
Old 16.11.2021, 12:46
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Re: Non-eu permit tied to employer to open permit?

Quote:
The permit is applied(just the processing part, not the job offered by) by one of the Big-four consulting firm, does that make a difference?
Well from what I remember, you can’t make a permit application without including an employment contract and if it’s a closed permit your current employer will be consulted. But it’s a few years ago since I was involved, so maybe it’s changed.
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Old 16.11.2021, 21:17
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Re: Non-eu permit tied to employer to open permit?

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"Analog mit dem SEM abgesprochener Praxis, gestützt auf Art. 40/3 AIG Verlängerung innerhalb
der befristeten Aufenthaltsbewilligung nach Art. 20 VZAE resp. Aufhebung der Befristung bei
gleichzeitigem Stellenwechsel von der ehemaligen Entsendefirma zur "redacted".,
Canton, von der Herr myName einen lokalen, unbefristeten Arbeitsvertrag erhalten hat,
aufgrund der notwendigen Branchen- und Fachkenntnissen, ohne erneute Kontingentsvergabe."
I can translate it literally for you but it's a bit confusing, it doesn't look like a complete phrase or maybe it's continued in the next sentence you didn't include. Could you maybe post the entire letter blacking out personal info?

"Analogously to the practices mutually agreed on with SEM, based on Art. 40/3 AIG Extension during the lifetime of a limited-time residence permit issued baesd on Art. 20 VZAE, respectively, removal of the time limitation with a simultaneous change of job from the original overseas posting to "redacted", Canton, from which Mr. myName has received a local indefinite contract becaus of the necessary professional/branch expertise, without allocating a new permit quota unit".

So it looks like an excerpt from a letter approving the change to an open permit (that's "removal of the time limitation" part) without forcing the new employer to go through the non-EU hiring hoops (that's the "without a new quota unit" part) but it's incompletely quoted and hard to understand.
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b-permit, b-permit-tied-to-employer, non-eu, non-eu b permit




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