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Old 21.08.2008, 08:19
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Paid & Volunteer work as a dependant of a Non EU B permit holder

Hi all,

I'm a non-EU highly skilled worked and received a job offer in Geneve. From the feedback on this forum, the salary seems to be decent and an upgrade from what I currently receive back "home". My spouse is currently working on her profession, that may not open a lot of immigration doors but is her passion.

We both consider the possibility of moving to CH but few question remains:

- Considering we are married. Will she be work immediately and unconditionally after we land based on my permit or will her employer need to fill paperwork and other things?

- Her area of work allows her to do freelances, would it be possible to a non-EU alien to open a sole trader company or something similar?

- She is also a hardcore volunteer, she considers volunteering as important as working. Is there any restrictions on non-EU aliens volunteering in CH?


I thank you all in advance
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Old 21.08.2008, 08:50
swissbob
 
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Re: Paid & Volunteer work as a dependant of a Non EU B permit holder

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- Considering we are married. Will she be work immediately and unconditionally after we land based on my permit or will her employer need to fill paperwork and other things?
She will have the right to work- permit must be applied for by employer.

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- Her area of work allows her to do freelances, would it be possible to a non-EU alien to open a sole trader company or something similar?
In her case, yes.

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- She is also a hardcore volunteer, she considers volunteering as important as working. Is there any restrictions on non-EU aliens volunteering in CH?
In her case, no.
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Old 21.08.2008, 09:03
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Re: Paid & Volunteer work as a dependant of a Non EU B permit holder

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She will have the right to work- permit must be applied for by employer.
May I ask what do you mean by that? Let me explain why:

Here in Australia we both live under a work permit (subclass 457). I'm connected to an employer while she can work wherever she wants. That's great since she is a professional make-up artist, and this is the kind of job that doesn't usually open a lot of ports in terms of immigration.

So when you say "permit must be applied for by the employer", does it means that she will have to apply for a complete different work permit, on her own, including the need to the employer to evidence its incapacity of finding a CH or EU national to fill the position?

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In her case, yes.
Ok. I got a little bit confused on this. If she establishes a sole trader company, could she work independently then, without the need for a work permit?

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In her case, no.
Great! BTW, do you know any references of volunteer work brokering organizations? She has long experience working with children afflicted by cancer and reasonable experience with children with a cerebral palsy condition.

I thank you again for the answers provided
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Old 21.08.2008, 09:14
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Re: Paid & Volunteer work as a dependant of a Non EU B permit holder

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So when you say "permit must be applied for by the employer", does it means that she will have to apply for a complete different work permit, on her own, including the need to the employer to evidence its incapacity of finding a CH or EU national to fill the position?
The employer has to apply for the permit however does not have to evidence its incapacity of finding a CH or EU national to fill the position.


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Ok. I got a little bit confused on this. If she establishes a sole trader company, could she work independently then, without the need for a work permit?
She could work independently provided she herself applies for an independent permit with the details of her sole trader activity. Those are quite closely scrutinised before a permit is issued.
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Old 21.08.2008, 09:21
swissbob
 
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Re: Paid & Volunteer work as a dependant of a Non EU B permit holder

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So when you say "permit must be applied for by the employer", does it means that she will have to apply for a complete different work permit, on her own,
No, the employer must do it.

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including the need to the employer to evidence its incapacity of finding a CH or EU national to fill the position?
Not required in her case.

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Ok. I got a little bit confused on this. If she establishes a sole trader company, could she work independently then, without the need for a work permit?
No. In this case she would apply for a self employed B permit to which she is entitled.

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Great! BTW, do you know any references of volunteer work brokering organizations? She has long experience working with children afflicted by cancer and reasonable experience with children with a cerebral palsy condition.
Google is your friend.
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Old 21.08.2008, 09:52
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Re: Paid & Volunteer work as a dependant of a Non EU B permit holder

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No, the employer must do it.



Not required in her case.



No. In this case she would apply for a self employed B permit to which she is entitled.



Google is your friend.
Sorry to butt in on this discussion. I'm Australian with a non-EU passport (already living here with my husband on a resident B permit) and my local Kreisburo told me I couldn't be self-employed for the first three years of living here. I hope you're right and they're wrong...

Kate
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Old 21.08.2008, 10:39
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Re: Paid & Volunteer work as a dependant of a Non EU B permit holder

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Sorry to butt in on this discussion. I'm Australian with a non-EU passport (already living here with my husband on a resident B permit) and my local Kreisburo told me I couldn't be self-employed for the first three years of living here. I hope you're right and they're wrong...

Kate

Kate, indeed I've seen similar info coming out of a government site after you mentioned it:

"In principle, third countries nationals may not work as self-employed persons unless they hold a C permit.

If they hold a B permit only or they are making a first application for a residence permit in Switzerland, and wish to work as self-employed persons straight away, permits are occasionally granted on a case-by-case basis.

For an application to be considered, the following documents must be lodged with the Office cantonal de la population (OCP) :
  • The M1 application form for a long-term residence permit (B permit) or an annual 120-day per year work permit (L permit) duly completed (downloadable in pdf format from the OCP website)
  • A complete presentation dossier on the project, indicating in particular the precise nature of the activity, the set up (sole trader, private limited company, public limited company), the financial forecasts, the target market, etc.
  • A detailed curriculum vitae and the associated diplomas
  • A copy of the current valid identity papers and two passport photos
The outcome of an application for self-employment by a third country national remains reserved in all cases and is entirely at the discretion of the authorities.

The value of the application and its utility is assessed according to the conditions and priorities in the Swiss economic market and will take into account the current provisions concerning the regulated professions (medicine, law, finance, security, etc.)."

http://www.geneve.ch/permis/uk/p_inde_tiers_uk.asp
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