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Old 15.09.2008, 21:27
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How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

Hi everyone!
I'm a non-EU national and got married to a Swiss about a month ago. I already got a job offer, but I still haven't received my B-Ausweis. The migrationsamt said they are really back-logged and cannot say for sure when my B-pass will be ready, but my potential new employer is eager for me to start and therefore wants to know my actual official start date.

The new law effective 01.01.08 says that a non-EU citizen who is married to a Swiss no longer needs permission to work from the Arbeitsamt, and can work with the B-Pass. The question is, Can I already start working while still waiting for the B-Pass, or should I wait until I physically have it in my hands?

Any insight would be greatly appreciated!
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Old 15.09.2008, 21:29
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

Hello,

I am in a very similar situation. I applied for B permit and have not got it yet. However, the employer can take you even without provided that there is the go ahead that you will get it. Well, at least, that's what mine did. I applied in July and they told me that it could take as long as November or December.
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Old 15.09.2008, 21:38
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

Thanks! When you say "go-ahead," does that mean a receipt or some physical evidence of sorts that says that the B-pass is in progress? Is that something that I ask the migrationsamt for?

Or can it be as informal as my employer simply calling the migrationsamt to ask about my case?
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Old 15.09.2008, 21:43
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

I had no paper to show. The thing is that once an employer is ready to employ you, it matters little if u r from EU or not. I have quite a few people working with me from non EU countries. I work in an international school. I would just talk to your employer exactly how things are. And I would suggest asking them to push your work permit. If u pester these people yourself to issue the permit fast, it won't have much effect. If the employer calls them, they will tell him easily if u will be issued one and I am sure he can employ u without having it in hand. Besides, you are married to a swiss. That makes it much easier
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Old 15.09.2008, 21:52
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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I had no paper to show. The thing is that once an employer is ready to employ you, it matters little if u r from EU or not.
Yes it does. Employing non-EU citizen without having received the go-ahead from the local Aliens' Bureau and Workforce bureau is very much illegal. Affirming that the local aliens' bureau will tell an employer over the phone yay or nay is a very inept thing to say.

That said, for spouses of Swiss citizen a marriage certificate should be enough, but not many employers will be taking the risks anymore due to a crack-down on white marriages. And the new law doesn't change anything from the prescriptions of the old law.
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Old 15.09.2008, 22:07
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

I did not say that they told them over the phone if it is yes or no. I just said that when the employer applies for your work permit or passes on the papers or something like that, they have very often the knowledge of whether u will get it or not. And I am sure that getting the B permit if u already have an employer waiting kind of and u r married in switz should not be a problem. This is especially so if you have an indefinite contract at the workplace. If its 6 month contract or something, an L permit is often issued. I know at least 5 people who are ding that right now. And nothing is done as illegal.... They all have a work contract and all, the work permit has not yet been issued! So if I did not explain myself clearly in my previous message, I hope that I managed to do so this time (english is not my main lang).
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Old 15.09.2008, 22:08
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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Yes it does. Employing non-EU citizen without having received the go-ahead from the local Aliens' Bureau and Workforce bureau is very much illegal. Affirming that the local aliens' bureau will tell an employer over the phone yay or nay is a very inept thing to say.
I disagree.

My wife started working for a blue chip company without a working permit for at least 9 months. Afraid of been doing something ilegal we tried to clear this up, even though my wife's employser said "its on the works". I remember us calling every two weeks during these nine months to the Migrationsamt and the Fremdenpolizei asking to clear up the situation "it's all fine" they said, the lady at HR also called every now and then complaining about this with no appearant result.

Mind you my wife was paying her AHV, BVG , etc. Also we are both non-EU nationals.

So I can say to you, it is possible, what I can't say under what terms.
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Old 15.09.2008, 22:10
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

I am also non-EU and have been waiting for my B permit extension now for 5 months. I have a swiss son (unmarried/separated) and also had a job then went on maternity leave, but now I am not working so am worried the permit wont come through. The migrationsamt said I will get it soon, but truly I have waited so long that I am still not convinced. I had to get a letter from the Kreisburo to say the permit is in process and also as I am off to Austrlia for 3 months I now have to apply for a temporary exit/entry permit at the migrations amt as my permit is taking so long, otherwise I will have trouble getting back in. So it seems there is definitely some sort of back log going on..
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Old 15.09.2008, 22:50
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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I disagree.

My wife started working for a blue chip company without a working permit for at least 9 months. Afraid of been doing something ilegal we tried to clear this up, even though my wife's employser said "its on the works". I remember us calling every two weeks during these nine months to the Migrationsamt and the Fremdenpolizei asking to clear up the situation "it's all fine" they said, the lady at HR also called every now and then complaining about this with no appearant result.

Mind you my wife was paying her AHV, BVG , etc. Also we are both non-EU nationals.

So I can say to you, it is possible, what I can't say under what terms.
However I suspect that your wife initially had a dependent permit linked to you in which case the change from dependent permit to work permit is not submitted to approval and quota like it is in the case of a new non-EU hire.
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Old 15.09.2008, 22:52
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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I did not say that they told them over the phone if it is yes or no. I just said that when the employer applies for your work permit or passes on the papers or something like that, they have very often the knowledge of whether u will get it or not. And I am sure that getting the B permit if u already have an employer waiting kind of and u r married in switz should not be a problem. This is especially so if you have an indefinite contract at the workplace.
The only thing that you can be sure of is that you will definitely get a permit if you're married to a Swiss national. The rest is all gibberish.

Look no further than this forum to see examples of permits being rejected despite "having an indefinite contract at the workplace".
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Old 16.09.2008, 08:02
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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However I suspect that your wife initially had a dependent permit linked to you in which case the change from dependent permit to work permit is not submitted to approval and quota like it is in the case of a new non-EU hire.
Yups, vanilla B-Permit still, it took them 9 months to issue it.

I do recall that when I arrived to Switzerland I worked 4 months without work permit.
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Old 16.09.2008, 09:58
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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I do recall that when I arrived to Switzerland I worked 4 months without work permit.
Your letter of authorisation for the visa was issued however - and that's the part that matters . I.e. you weren't working without documented permission.
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Old 16.09.2008, 11:13
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

Hi there...

just wanted to add that I was in the same situation a couple years ago.
Maybe I was lucky, especially reading on this forum about the trouble some have had with permits, but I applied and had my permit sent to me in a matter of days...i think I had to work 1 day waiting for the permit!

But I remember something about the employer having some written confirmation that the permit will be issued is enough for employment to start...not sure, could be one of those swss fairy tales...

any one else experienced this "what, you got you permit that fast...IN SWITZERLAND" phenomenon?
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Old 16.09.2008, 11:42
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Re: How does new B-Permit law affect me if I'm non-EU but married to a Swiss?

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Hi there...

just wanted to add that I was in the same situation a couple years ago.
Maybe I was lucky, especially reading on this forum about the trouble some have had with permits, but I applied and had my permit sent to me in a matter of days...i think I had to work 1 day waiting for the permit!

But I remember something about the employer having some written confirmation that the permit will be issued is enough for employment to start...not sure, could be one of those swss fairy tales...

any one else experienced this "what, you got you permit that fast...IN SWITZERLAND" phenomenon?
I think Zurich takes a lot longer than Basel. My permit renewals and conversion to C have been painless and quick.
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