Dear All,

I had been reading this forum for last week or so (pointed to me by a frnd) ..........but really appreciate to all contributions. Thanks !

Require suggestion /advise :

- Non- EU, moved in (with wife) from london on B-workpermit (independent).
- I was on permanent contract from dec08 -june09. I am working for this company on client site. However things changed and mutually agreed with client / my employer to become independent contractor.
- I work for the same client through the same company who hired me initially, however the contract is changed........instead of permanent it is valid only till i have project going with the client.
- The project/contract was supposed to end in october, but the client is keen to extend till end of december.
- My B - permit is expiring on 7th Dec 09 and the company is not keen on extending my B workpermit. They say we will only except the PO from client till your permit is valid.
- On further pursuing with the company, they say we will ask authorities for extension till end of december (till the completion of project)
- I wish to get my B - permit extended, so that i can continue contracting (or permanent) position in future.

Please advise, suggestions ..........
- Procedure for extension (non EU - independent ) B- Permit in above case
- I fear that the B permit will be converted to short term 'L' permit and i will loose the ability to work independent, if the company (we can consider it as umbrella now .........with running payroll for me) pursues the extension only for the project duration.
- Any advise, work around, in the above situation ...........

Welcome to the forum Drag2.

Hi Drag2

I am sure some experts will jump in soon with advice.

The point which you need to clear is
Who is your employer. Because if you don't have an employer (a legal entity employing you) then as a Non EU independent contractor you can't work. Your work permit has to be applied and establish for you to work and live here. You need a company to sponsor your work permit. Although you can do your own GMBH but that is a huge discussion covered on other threads in great details. So if your company doesn't extend the permit you will need another legal entity to do so.

The other point to consider is the issue of a fresh non Eu permit which needs to follow certain guidelines, like non availability of skilled person in the Swiss market etc.

Suggestion, best is to go for your client company as permanent employer, that too when your existing employer says the project is closed and they don't need you.

Hi Guys, Thanks for the input.

But it seems my situation is not getting better.......

My B - Permit is expiring on 10th December and I have project extension till end of December. My employer (umbrella) company is saying we will request for your permit extension only till end of December.

Do you think my independent B- permit will change to L permit? (Which I don't want)

Could anyone help with any options in this situation…(or keep quite and go home )… ?

Many Thanks !

Hi Guys, Thanks for the input.

But it seems my situation is not getting better.......

My B - Permit is expiring on 10th December and I have project extension till end of December. My employer (umbrella) company is saying we will request for your permit extension only till end of December.

Do you think my independent B- permit will change to L permit? (Which I don't want)

Could anyone help with any options in this situation…(or should i just keep quite and go home )… ?

Many Thanks ![/quote]

Hi Drag2,

I have been in similar situation except that I have been here on restricted B permit for last 2 year and on L permit before that for 2 years and I have contract at client side and umbrella company says that they may not get extension this time.

I am integrating here and recently also signed cantonal integration agreement so I am hopeful that this may be one ground on which extension may be granted as I have heard this from some of my friends here but not 100 % sure.

So to have further clarity I have setup an appointment with immigration expert and looking for some options in case there are chances of rejection.

I have this appointment tomorrow so will keep this thread posted about the progress.

in case you find some work around of solution for this please do keep this thread updated.

IG

Hi IG,

your information is very interesting, may I ask what kind of integration agreement is it with the migration office?

Though I don't have the exact problem as Drag2 encounters, I'm not sure whether zurich canton will approve my permit and move from another canton.

If there is even some sort of integration agreement in place, I am thinking maybe I can also negotiate with them directly?

Many thanks!

Hi Sunnymoppet,

As far as I know most of the Kanton have adopted this but I can confirm you about St. Gallen canton where recently they have started signing an integration agreement as per which one will have to complete A2 level of german with in 5 years. Once completed integration agreement allow one to apply for C permit after unintrrupted 5 years stay in St. Gallen kanton. Offcourse one has to meet other C permit requirements.

Also while considering renewal application I was told that family integration status is being considered and if one is completely integrated with in Switzerland then there are high chances of getting work permit extension.

I also had an appointment with immigration expert yesterday about this and few other specific visa related situation. will update this thread about further information.

Regards
IG

Hi IG,

thanks for your answer! It's a great news, maybe be helpful if I am lucky to get Zurich canton grant my permit transfer this time.

Look forward to your updates & good luck,

Sunnymoppet