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Old 21.01.2009, 11:22
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"B Permit Main <-> B Permit dependent spouse" interchangeable?

Hopefully someone may have been in such a situation or know of someone who did.

Hypothetical situation:
Non-EU having Permanent B Permit for 3 years without restriction on change of employer or Canton, living with working Non-EU spouse with dependent B Permit presently.

Question:
If the main B-Permit holder wants to study for one year in Switzerland (which may mean no work permit for that year from the erstwhile employer), is it possible for the Dependent Permit holder to assume the role of the main Permit holder and vice versa? Both of them want to stay and work here after that period.

If at all this is possible is there a limit after how many years of stay in Switzerland for both?

Is there any other way to do this, so that they can refrain from jumping all the hoops to which they were subjected when getting the present permits? E.g. present employer of the main person doing all the paperwork, proof no Swiss/EU exists for such a role etc.
Whereas since the employer of the dependent spouse did not have to do all these, I am a bit doubtful whether they might be enthusiastic in doing so in future.

Apologies if my question does not seem clear, feel free to ask for missing information which may be useful. Suggestions are welcome.
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Old 21.01.2009, 11:26
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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Hopefully someone may have been in such a situation or know of someone who did.

Hypothetical situation:
Non-EU having Permanent B Permit for 3 years without restriction on change of employer or Canton, living with working Non-EU spouse with dependent B Permit presently.
If your wife is working then she does not have a dependent B permit as the conditions are mutually exclusive.

Quote:
Question:
If the main B-Permit holder wants to study for one year in Switzerland (which may mean no work permit for that year from the erstwhile employer), is it possible for the Dependent Permit holder to assume the role of the main Permit holder and vice versa? Both of them want to stay and work here after that period.
Yes provided the powers that be are happy with your spouse's income level.

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If at all this is possible is there a limit after how many years of stay in Switzerland for both?
No limit, as long as one of them at least earns a salary enough to provide for both.


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Whereas since the employer of the dependent spouse did not have to do all these, I am a bit doubtful whether they might be enthusiastic in doing so in future.
Enthusiastic or not they don't have a choice, it's the law.
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  #3  
Old 21.01.2009, 11:40
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

Thanks Shorrick for the quick and comprehensive answer. As usual.

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If your wife is working then she does not have a dependent B permit as the conditions are mutually exclusive.
Okay!! Great news.. so she stands independent alright. Somehow we both mistakenly thought that we are still main and dependent B-Permit holders.

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Yes provided the powers that be are happy with your spouse's income level.
Would the Migrationsamt or Arbeitsamt be able to throw more light on this or to go about the procedure? Should it be us to pursue this matter or her employer?

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No limit, as long as one of them at least earns a salary enough to provide for both.
Great ..

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Enthusiastic or not they don't have a choice, it's the law.
Is there a chance that they might say, " well you know .. its too much of a hassle, so let it be, we terminate you" Perhaps this sounds harsh, and I am paranoid, but errr... what could be their take on it? Could it be just plain, "ya sure, we only fill and send this form to migrationsamt and everything is honky dory"!! That sounds too good to be true!
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Old 21.01.2009, 11:53
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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Would the Migrationsamt or Arbeitsamt be able to throw more light on this or to go about the procedure? Should it be us to pursue this matter or her employer?
Migrationsamt I'd say.

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Is there a chance that they might say, " well you know .. its too much of a hassle, so let it be, we terminate you" Perhaps this sounds harsh, and I am paranoid, but errr... what could be their take on it? Could it be just plain, "ya sure, we only fill and send this form to migrationsamt and everything is honky dory"!! That sounds too good to be true!
If you mean their take on hiring a dependent B permit holder, then the law is pretty clear, they can be hired without restrictions and or priority of Swiss/EU nationals. It's merely filling a form, and having your permit changed from dependent to employed.
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Old 21.01.2009, 12:13
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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If you mean their take on hiring a dependent B permit holder, then the law is pretty clear, they can be hired without restrictions and or priority of Swiss/EU nationals. It's merely filling a form, and having your permit changed from dependent to employed.
Yes, thats what they had to do while employing her. Boy, that was smooth.
I know I'm still not getting the hang of things when both are B-Permits and working. So, please bear with me.
If I understand you correctly:
There is no Family reunion (Familiennachzug) anymore.
If I leave my present job, I just inform the Gemeinde that I am not employed anymore but my wife is. If her salary is enough to sustain both of us, we get a nod, and thats it.
After a year when I want to re-enter the work force, my then employer would need to just do as you said above "It's merely filling a form, and having your permit changed from dependent to employed." Is that all? WOW. This seems to be a good day.
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Old 21.01.2009, 14:39
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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Yes, thats what they had to do while employing her. Boy, that was smooth.
I know I'm still not getting the hang of things when both are B-Permits and working. So, please bear with me.
If I understand you correctly:
There is no Family reunion (Familiennachzug) anymore.
If I leave my present job, I just inform the Gemeinde that I am not employed anymore but my wife is. If her salary is enough to sustain both of us, we get a nod, and thats it.
After a year when I want to re-enter the work force, my then employer would need to just do as you said above "It's merely filling a form, and having your permit changed from dependent to employed." Is that all? WOW. This seems to be a good day.
Yep, that's correct. Your permit will be a dependent permit sponsored by your wife. If and when you wish to return to work, all you need to do is find an employer. Note that your permit should be changed when you inform the Gemeinde that you're not employed anymore. Make sure they like the figures before giving your resignation letter...
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Old 21.01.2009, 14:52
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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Make sure they like the figures before giving your resignation letter...
I am 200% with you on that one ... Thanks mate.
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Old 25.01.2010, 10:59
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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There is no Family reunion (Familiennachzug) anymore.
If I leave my present job, I just inform the Gemeinde that I am not employed anymore but my wife is. If her salary is enough to sustain both of us, we get a nod, and thats it.
After a year when I want to re-enter the work force, my then employer would need to just do as you said above "It's merely filling a form, and having your permit changed from dependent to employed." Is that all? WOW. This seems to be a good day.
Sorry for dragging up this old post, but I'm having some difficulties understanding this and reading through all the requirements. This sounds like exactly what we want to do. Did you do this BenderRules and was it as easy as it sounds? Did your wife's employer have to go through a re-application for the B?

I, the 'main' B, would like to quit. My husband, with 'Familiennachzug mit Erwerbstaetigkeit' would be the family provider. Since we are only 6 months away from a C, I am scared to mess something up. So, if I understand:

1. Contact the Migrationsamt to run by the intention and provide hubby's salary.
2. Contact Hubby's employer to inform them they will have to go through new B application process?
3. Turn in resignation.

Thanks in advance!
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Old 03.02.2010, 20:35
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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Yes, thats what they had to do while employing her. Boy, that was smooth.
I know I'm still not getting the hang of things when both are B-Permits and working. So, please bear with me.
If I understand you correctly:
There is no Family reunion (Familiennachzug) anymore.
If I leave my present job, I just inform the Gemeinde that I am not employed anymore but my wife is. If her salary is enough to sustain both of us, we get a nod, and thats it.
After a year when I want to re-enter the work force, my then employer would need to just do as you said above "It's merely filling a form, and having your permit changed from dependent to employed." Is that all? WOW. This seems to be a good day.
Are you also entitled to have unemployment benefits if the main B-permit holder is retrenched? Also so for how long?
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Old 20.02.2011, 16:04
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

Hello BenderRules and Sleepless

Can you update your current situation regarding the change of dependant B to main B and how did it work? It will be very useful.

Regards.
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Old 13.04.2011, 15:49
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

Sorry, I did not see this request earlier. In my situation, it never became an issue. We moved to the C last year and I could quit now, which I am now, once again, considering. This is where I get my name
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Old 19.01.2015, 10:00
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

Guys, sorry for reopening this. I'm still a bit puzzled because this thread states otherwise:
Can a non-EU depenent B permit holder ask for an independent permit?

So, my questions is: In a situation where the main B-Permit holder (non-EU) leaves the country (studies or job transfer), can the dependent B-Permit holder (non-EU) still continue to work here ? Does, the HR need to re-apply for the B-Permit as an independent Permit holder ?

Thanks
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  #13  
Old 19.01.2015, 10:36
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Re: "B Permit Main <-> B Permit dependent spouse" interchangeable?

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Guys, sorry for reopening this. I'm still a bit puzzled because this thread states otherwise:
Can a non-EU depenent B permit holder ask for an independent permit?

So, my questions is: In a situation where the main B-Permit holder (non-EU) leaves the country (studies or job transfer), can the dependent B-Permit holder (non-EU) still continue to work here ? Does, the HR need to re-apply for the B-Permit as an independent Permit holder ?

Thanks
HR would need to prove their case for getting an independent permit as the dependent's is only valid while the main permit holder's is. So if you changed jobs you'd need to deregister to leave Switzerland which would also apply to all dependents' permits. The Swiss authorities would also wonder why your family isn't going with you if you change jobs. The only reason otherwise may be because your Swiss employer sends you to work abroad for a while. Then, if you're out of the country for more than 6 months, you can ask your commune to put your permit on hold until you return.
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