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Old 22.05.2007, 13:50
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Non-EU B - end of employment rights?

Dear All,

My temporary work contract is valid until 31 Dec 2007, and so is my residence permit for Switzerland (I have an Aufenthaltsbewilligung Type B for non-EU citizen).

My baby is due on 26 Dec 2007. Unfortunately, the Swiss maternity protection does not apply for women with temporary work contract. This means the employer is not legally bound to extend the contract to cover my maternity leave. If my employer does not extend my contract (I'd say the chance is 50-50 now), then I assume I am not getting an extension on my residence permit either.

My question would be: is it possible to apply for a short extension of the Swiss residence permit? It wouldn't be funny if within a week from my delivery I have to leave the country.

Many thanks in advance for any feedback.
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Old 22.05.2007, 13:55
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Re: Pregnant, Temporary Work Contract, non-EU citizen

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Dear All,

My temporary work contract is valid until 31 Dec 2007, and so is my residence permit for Switzerland (I have an Aufenthaltsbewilligung Type B for non-EU citizen).

My baby is due on 26 Dec 2007. Unfortunately, the Swiss maternity protection does not apply for women with temporary work contract. This means the employer is not legally bound to extend the contract to cover my maternity leave. If my employer does not extend my contract (I'd say the chance is 50-50 now), then I assume I am not getting an extension on my residence permit either.

My question would be: is it possible to apply for a short extension of the Swiss residence permit? It wouldn't be funny if within a week from my delivery I have to leave the country.

Many thanks in advance for any feedback.
How long have you been in Switzerland already?
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Old 22.05.2007, 13:56
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Re: Pregnant, Temporary Work Contract, non-EU citizen

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How long have you been in Switzerland already?
Oh and sorry for being so blunt, what nationality/permit has the father?
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Old 22.05.2007, 14:01
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Re: Pregnant, Temporary Work Contract, non-EU citizen

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How long have you been in Switzerland already?
It will be 3 years by 31.12.2007.

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Oh and sorry for being so blunt, what nationality/permit has the father?
My husband has a German nationality. He lives and works in Germany, thus he has no Swiss permit.
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Old 22.05.2007, 14:10
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Re: Pregnant, Temporary Work Contract, non-EU citizen

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It will be 3 years by 31.12.2007.



My husband has a German nationality. He lives and works in Germany, thus he has no Swiss permit.
Will that be three years without a break ie continuously in Switzerland. If so I would check with the local RAV. You have the right potentially to unemployment benefit which should translate into at least the payment of your maternity leave. Thereafter you would need to declare yourself ready to return to work but it does give you an additional 14 weeks...
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Old 24.05.2007, 06:24
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B permits and employment insurance

Hi

I was trying to find some information about how does employment insurance ties with B work permits.

Supposedly, B permits are renewed every year, and if you are unlucky and non-EU citizen, you might get, say, unlucky and kicked out. Now, you have paid for employment insurance and you expect to get up to two years and 70-80 % of your salary. On the other hand, if you lose your job, you lose the B and are expected to leave the country immediately (and not get the 70-80%). Is this correct?
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Old 24.05.2007, 06:55
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Re: B permits and employment insurance

Hi Batvanio
B permits can be Yearly or for 5 years (mine was 5 years) not sure about yearlies and whether they get rejected often.
Storm
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Old 24.05.2007, 07:12
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Re: B permits and employment insurance

you're right but I think the status changes after 3 years of residency. Richard's pointed this out in another thread recently.
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Old 24.05.2007, 10:31
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Re: B permits and employment insurance

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Hi

I was trying to find some information about how does employment insurance ties with B work permits.

Supposedly, B permits are renewed every year, and if you are unlucky and non-EU citizen, you might get, say, unlucky and kicked out. Now, you have paid for employment insurance and you expect to get up to two years and 70-80 % of your salary. On the other hand, if you lose your job, you lose the B and are expected to leave the country immediately (and not get the 70-80%). Is this correct?
B permits are renewed annually until you have been here 4 years in which case they are renewed every 2 years. IF the permit is not of the fixed term kind ie your contract of employment was unrestricted in time then as long as you are in your third year of employment you become entitled to unemployment benefit as long as the company terminates the contract and for economic reasons ie not because you are useless or have done something naughty. This then means your permit is extended. You can rest assured you need to fight for this...
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Old 24.05.2007, 10:46
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Re: B permits and employment insurance

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B permits are renewed annually until you have been here 4 years in which case they are renewed every 2 years.
Just meant to add that the 4-year period (was it not 5? ) starts running from the date the first B is issued. If you happen to have been here on a different permit (say Ci or possibly student) these years don't count for some reason - although years spent on a Ci permit are taken into consideration when the 10-year C permit period is calculated. Go figure...
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Old 25.05.2007, 11:21
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Re: B permits and employment insurance

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Just meant to add that the 4-year period (was it not 5? ) starts running from the date the first B is issued. If you happen to have been here on a different permit (say Ci or possibly student) these years don't count for some reason - although years spent on a Ci permit are taken into consideration when the 10-year C permit period is calculated. Go figure...
Good point you bring up here, about previous permits. Often though time on L permits is counted dependent on the application.

Also with respect to the 4 year period. I am assuming you are given a permit and then you need to wait 4 renewals before the permit renewals switch to 2 years, although it can be earlier.
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Old 25.05.2007, 13:43
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Re: Non-EU B - end of employment rights?

Re: 4 year renewals, I've been here for 7, on the same B (australian) and it still gets renewed annually. Maybe I should ask for it to be renewed every two years?

If you've been working in CH for 2 years, you are legible for unemployment insurance and your permit will be extended.

I got unemployed in July 06 and found out about this. For unemployment, the rights of foreigners is the same for swiss - you are as legible for it if you've been working minimum 2 years ie. paying unemployment insurance for 2 years.


Cheers,
Nanda.
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Old 27.05.2007, 12:41
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Re: Non-EU B - end of employment rights?

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If you've been working in CH for 2 years, you are legible for unemployment insurance and your permit will be extended.
Hi Nanda,

Sorry to tell you that this is not true. It depends on the type of your permit. If you are integrated into the Swiss job market then you are entitled to unemployment benefit once you enter your third year of employment. I think if you check out other threads you will see people who have had unemployment benefit refused after 3 or 4 years due to this little clause... After 5 years all are entitled to benefit and all are entitled to biannual renewals.
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