English Forum Switzerland

English Forum Switzerland (https://www.englishforum.ch/forum.php)
-   Permits/visas/government (https://www.englishforum.ch/permits-visas-government/)
-   -   Non-EU Permits - a few bullet points. (https://www.englishforum.ch/permits-visas-government/8347-non-eu-permits-few-bullet-points.html)

Shorrick Mk2 10.12.2008 14:30

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by danny (Post 363289)
I think you can suspend the permit for 2 years and not 4 as stated above...unless things changed as of January 1, 2008.

Four years. Art. 61 al. 2 AuG.

danny 10.12.2008 16:11

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by Shorrick Mk2 (Post 363330)
Four years. Art. 61 al. 2 AuG.

------

thanks, it seems this change (from 2 to 4) has been there since Dec 2005. That is when these regulations have been published.

ankurm.2008 14.12.2008 19:26

Re: Non-EU Permits - a few bullet points.
 
Thank you shorrick for putting up such a detailed description about types of permit. My question is related to the B Permit that I have and am not able to figure out which one of the following I possess. I only have my Auslanderausweis with me (and no explicit letter was handed over to me by my company and neither did i receive any by post from authorities stating any details). The Auslanderausweis states it is "Aufenthaltbewilligung ". I am Non- EU and working in Switzerland since Jan 2006 (for first 18 months i had L Permit which was then changed to B sometime in Sep 2007).
Thanks in advance for your reply.


B PERMITS



B PERMIT (Ausländerausweis)
LONG-TERM WORK PERMIT. SUBJECT TO QUOTA (Aufenthaltbewilligung mit Erwerbstätigkeit)
  • Economic interests
  • Employee qualifications
  • Priority for Swiss and European Union workers
  • Compliance with local employment conditions
  • Availability of quota
  • Renewable until granting of settlement C permit after 10 years (USA + Canada 5 years)
B PERMIT
ANNUAL SHORT-TERM WORK PERMIT. SUBJECT TO QUOTA (Kurzaufenthaltbewilligung)
  • Important projects
  • Career plan
  • International joint programmes
  • Sportspersons
  • Up to 3 years,even a maximum of 6 years in certain cases
RESIDENTS' B PERMIT (Aufenthaltbewilligung im Rahmen des Familiennachzugs)
LONG-TERM RESIDENCE PERMIT. NOT SUBJECT TO QUOTA
  • Permit delivered for family dependents.
  • Does not include work permission - this must be applied for separately (no quotas; indigenous priority does not apply anymore since 1.1.08)
  • Renewable
  • Possibility of conversion into C Permit

Raaaabert 16.01.2009 14:52

Re: Non-EU Permits - a few bullet points.
 
Hi Ive also posted this in its own thread, but perhaps its more "sticky" here

Hello,

First time user. New to this so please be gentle. Ive been browsing through this forum and my head is spinning. Here is my sitatuation. I am Australian and my long-term g/f is Swiss. I am in Swiss now and realise that getting a job through the sponsorship avenues is going to be pretty challenging - even if I am highly qualified and experienced.... anyway we are considering marriage, and the implications of this. I have two pretty simple questions:

1. After marriage what kind of B Permit do I get? The ch.ch website is some help on this but the sticky thread here further added to my confusion with the line, quote

RESIDENTS' B PERMIT (Aufenthaltbewilligung im Rahmen des Familiennachzugs)
LONG-TERM RESIDENCE PERMIT. NOT SUBJECT TO QUOTA
Permit delivered for family dependents.
Does not include work permission - this must be applied for separately (no quotas; indigenous priority does not apply anymore since 1.1.08)

As it feels to me like getting married defines me as a "dependent" or does that apply solely to children etc.

2. As she is Swiss and can work freely in the EU and England, can I then go to England and find work on my P Permit, after we are married? This is in case I cant find employment in Swiss no matter how hard I try... its a contingency plan.

Thanks in advance.
Rab

Shorrick Mk2 16.01.2009 16:03

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by Raaaabert (Post 382524)
As it feels to me like getting married defines me as a "dependent" or does that apply solely to children etc.

"Dependent" applies to all family members who get to Switzerland not for job but rather family reunification purposes i.e. trailing spouses and children. You'll be classified as a dependent although under the provisions governing family reunifications where one spouse is Swiss national (not necessarily resident). The end result is the same.

Quote:

2. As she is Swiss and can work freely in the EU and England, can I then go to England and find work on my P Permit, after we are married? This is in case I cant find employment in Swiss no matter how hard I try... its a contingency plan.
That would be a question for the British authorities...

ssuarez1081 09.02.2009 14:29

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by Shorrick Mk2 (Post 382563)
"Dependent" applies to all family members who get to Switzerland not for job but rather family reunification purposes i.e. trailing spouses and children. You'll be classified as a dependent although under the provisions governing family reunifications where one spouse is Swiss national (not necessarily resident). The end result is the same.



That would be a question for the British authorities...


I had posted this question previously read thru this thread but not finding my answer so hoping someone could help me.

My boyfriend has been offered a position thru his company to relocate from the US to Basel. We have a 2 year old daughter and we were wondering do we have to be married or engaged in order for both my daughter and I to go live with him in Switzerland or to be offered the same I guess please excuse me if I am wrong permit. He will be there for 3-5 years maybe even longer as they made him a localized offer.
IF you need clarification please let me know.

MAN 02.03.2009 16:34

Re: Non-EU Permits - a few bullet points.
 
Hello Shorrick,
On your translation of C Permit you have mentioned:
"The permit can be suspended for as much as four years if the holder wishes to move temporarily abroad for education or career purposes."

I will be getting (hopefully) C Permit & I am thinking of travelling for about 6 months. Does that put any effect on my C Permission? I mean can it be cancelled? As I my wife (Swiss) might not be able to join me because of her job. We have still a stable & happy marriage.

donavir 03.03.2009 00:17

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by MAN (Post 407630)
Hello Shorrick,
On your translation of C Permit you have mentioned:
"The permit can be suspended for as much as four years if the holder wishes to move temporarily abroad for education or career purposes."

I will be getting (hopefully) C Permit & I am thinking of travelling for about 6 months. Does that put any effect on my C Permission? I mean can it be cancelled? As I my wife (Swiss) might not be able to join me because of her job. We have still a stable & happy marriage.


The swiss laws concerning marriages clearly states that married couples are oblige to live together especially when it concerns a swiss and a foreign national to be precise non EUs.If it is otherwise,they conclude that the marriage is bogus:p

Shorrick Mk2 03.03.2009 01:30

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by donavir (Post 408185)
The swiss laws concerning marriages clearly states that married couples are oblige to live together especially when it concerns a swiss and a foreign national to be precise non EUs.If it is otherwise,they conclude that the marriage is bogus:p

Yeah, however there's no conclusion that either of the parties isn't allowed to travel, as long as they keep to a common domicile. I'd be interested in the exact law you quote when saying "to be precise non EUs".

MAN 03.03.2009 09:31

Re: Non-EU Permits - a few bullet points.
 
Thanks for your kind reply.
However, the question is can I travel alone after getting C permit? We are not getting separated & still have a good relation.
Also how long is it allowed to be out of Swiss at a stretch without loosing C permit?
Thanks.

smoky 05.03.2009 15:11

Re: Non-EU Permits - a few bullet points.
 
I have spent about three hours perusing all related Threads, and am most impressed with the quality of information available. However ..... I have a couple small problems which I hope one (or more) of you would be kind enough to help me with? (I did not find any solutions ready-printed).

First off ... my B-Permit. I`m a "dependent" Granny (South African) - Living with my son (who is a Swiss Citizen Passport holder) and his Swiss wife, and caring for my two little Swiss grandkids & running the home, while they work (professionals in their trades).

My Permit states: Aufenthaltsbewilligung B, (yearly renewal) - I`m renewing it for the 4th time now. It also says: "Aufenthaltszweck ..... Erwerbslose Wohnsitznahme beim Sohn".

My problem is ......I`ve been offered some lucrative temporary employment at the local school (putzing during Frühling Ferien!). (Where I also do some voluntary helping during school terms). The Gemeinder dont seem to know whether I can be employed or not. I do have an AHV number, but only the number, not a card. They did give me a document for my employer to fill in.

Do I just pitch up at work? (as advised by my Swiss friends -housewives) ... Carrying this document, my B-Permit and AHV number?...And leave it all up to my employer to sort out? Will I get into any serious trouble doing just this?

......................................

Problem No 2.......

I am going to Dubai for 2months (after Frühling) to visit my newest grandson and his parents. My Bewilligung expires 1st July this year - a week after my return, so I visited the Gemeinder this morning and they recommended I make an early application for renewal, which I did, (photo/paid etc) and was given a photostat copy of my Permit, which they stamped officially. I was also advised to go to the Migrationsamt in Zurich and apply for a Re-Entry Visa for my return.... I am South African nationality Passport holder..........

....Without this Re-Entry visa would I be refused re-entry into Switzerland?... even if I have my not yet expired B Permit or the new credit card format Permit (the lady said I can get back my old one if the new one has not arrived in time for my departure).

Very small 3rd problem, only arose today!
At the Gemeinder offices, the lady I dealt with seemed shocked that I had been travelling thru Germany without a Schengen Visa! I have many expired ones in my passport - but believed, thru reading ESF that they were no longer required? I`ve not been asked for documents since the new regs came into effect ... I often go shopping, or taking kids to dentists in Schaffhausen!

Growing old in Switzerland is definitely not for the feint-hearted ..... I`ve already been fined 100euro - at our "green border post" - for having a 2 day expired Schengen Visa - when I misunderstood the (then)new transit regulations!

Any advice will be most gratefully received. Thank you.

Shorrick Mk2 05.03.2009 15:18

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by smoky (Post 410913)
Do I just pitch up at work? (as advised by my Swiss friends -housewives) ... Carrying this document, my B-Permit and AHV number?...And leave it all up to my employer to sort out? Will I get into any serious trouble doing just this?

You cannot start work without the employer making an application to employ you, and said application being approved. They can make an application for accessory employment which is easier to get.

Quote:



....Without this Re-Entry visa would I be refused re-entry into Switzerland?... even if I have my not yet expired B Permit or the new credit card format Permit (the lady said I can get back my old one if the new one has not arrived in time for my departure).
The reentry visa is only useful and used if you do *not* have a current permit.

Quote:

they were no longer required?
Correct.

smoky 05.03.2009 15:30

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by Shorrick Mk2 (Post 410938)
You cannot start work without the employer making an application to employ you, and said application being approved. They can make an application for accessory employment which is easier to get.

Thank you very much Shorrick for this speedy reply!

What is "accessory" employment? Is this for Temporary employment? Is this application something the Employer does? Or do I take this employment form the Gemeinder gave me, give it to the future (hopefully) employer, get him to fill in, and I return it to the Gemeinder?

I apologise for my faffing-about here - forgive me - I grow older every day, but I hang onto the strands of youth by the skin of my teeth. New terminologies sort of "do me in"!

Shorrick Mk2 05.03.2009 15:55

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by smoky (Post 410973)
Thank you very much Shorrick for this speedy reply!

What is "accessory" employment? Is this for Temporary employment? Is this application something the Employer does? Or do I take this employment form the Gemeinder gave me, give it to the future (hopefully) employer, get him to fill in, and I return it to the Gemeinder?

I apologise for my faffing-about here - forgive me - I grow older every day, but I hang onto the strands of youth by the skin of my teeth. New terminologies sort of "do me in"!

Anything non-EU is done by the employer. Accessory employment is employment below something like 8hours a week (? or something around that figure).

worthylakepix 18.03.2009 15:26

Re: Non-EU Permits - a few bullet points.
 
thank you all for the v. interesting info in this thread. i've just read through the entire thing and while i have learned much, i still have a quesiton that i think has not been answered:

i have B resident permit. I am a US citizen married to a US citizen who is employed in Zurich. I want to get a selb-standing (self-employment) permit, as i am planning on beginning to teach a few theater classes on my own - not sponsored by anyone.

my neighbor, a dancer was able to do this years ago but said she was unsure exactly how she went about it.

i see from the sticky thread at the top that i need to apply for a work permit, but where and how do i do that? at my local kreisburo? my german is crap and i've only gone there with my german-speaking husband who now has no time to help me with this ...

i would very much appreciate any guidance and information regarding this quandry i'm in - i'll not be taking a job away from a swiss as i am creating my own job, but then who sponsors my permit? i know it can be done - i'm just hitting dead ends everywhere i turn for info/help.

thank you any/all in advance for your brilliant insight!

electronaut 22.03.2009 22:32

Re: Non-EU Permits - a few bullet points.
 
Hello all. i have read through pretty much this entire thread, as well as the one regarding the new card style permits. I am not sure where this question belongs, but i think this is the best thread for it.

it's a multi-part question :)

my B permit from 2008-2009, which was my first B (i had 2 years of L before that) was a paper style one, and said only 'Aufenthaltsbewilligung' (no 'mit Erwerbstatigkeit') and it listed my living address as well as my 'Aufenthaltszweck' (which if i understand correctly, is the sponsoring employer)

my NEW permit from 2009 is a card based one, says 'Aufenthaltsbewilligung mit Erwerbstatigkeit', has no address, no employer and also states (translated) self employment is ok.

question: given the new rules listed in the first post, and the wording on my permit, does this mean that if i quit, or get fired, i can still stay in Switzerland as self-employed without a lot of hassle or trouble?

why i think this is possible: in the first post it says:
Quote:

Since the 1st of Jan. 2008 foreign nationals who hold an annual work permit (B Permit) must no longer obtain permission to change job, profession or canton and to change from employment to self-employment. Note this applies only to permits delivered for long-term contracts, not to short-duration or job-specific (i.e. project) permits.
so? am i thinking correctly?

as a matter of interest, i have not done anything for my permits, the employer has done everything. i only go to the Gemeinde once a year when the letter arrives, and pick it up.

Alirezakarimi 23.03.2009 00:19

Re: Non-EU Permits - a few bullet points.
 
1 Attachment(s)
Quote:

Originally Posted by electronaut (Post 424343)

question: given the new rules listed in the first post, and the wording on my permit, does this mean that if i quit, or get fired, i can still stay in Switzerland as self-employed without a lot of hassle or trouble?

My Reference: Attachment 6572

According to Ausländergesetz (AuG) : Art. 38c and 19 : I guess you need a permit.

Art. 38 Erwerbstätigkeit


3- Personen mit einer Aufenthaltsbewilligung kann der Wechsel zu einer selbständigen
Erwerbstätigkeit bewilligt werden, wenn die Voraussetzungen nach Artikel
19
Buchstaben a und b erfüllt sind.

Art. 19 Ausübung einer selbständigen Erwerbstätigkeit

Ausländerinnen und Ausländer können zur Ausübung einer selbständigen Erwerbstätigkeit
zugelassen werden, wenn:
a. dies dem gesamtwirtschaftlichen Interesse entspricht;
b. die dafür notwendigen finanziellen und betrieblichen Voraussetzungen
erfüllt werden;

donavir 23.03.2009 17:48

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by Alirezakarimi (Post 424366)
My Reference: Attachment 6572

According to Ausländergesetz (AuG) : Art. 38c and 19 : I guess you need a permit.

Art. 38 Erwerbstätigkeit

3- Personen mit einer Aufenthaltsbewilligung kann der Wechsel zu einer selbständigen
Erwerbstätigkeit bewilligt werden, wenn die Voraussetzungen nach Artikel
19
Buchstaben a und b erfüllt sind.

Art. 19 Ausübung einer selbständigen Erwerbstätigkeit
Ausländerinnen und Ausländer können zur Ausübung einer selbständigen Erwerbstätigkeit
zugelassen werden, wenn:
a. dies dem gesamtwirtschaftlichen Interesse entspricht;
b. die dafür notwendigen finanziellen und betrieblichen Voraussetzungen
erfüllt werden;

Could you please get this translate.There are people like me who are not so good in Deutsche Sprachen

Alirezakarimi 23.03.2009 21:24

Re: Non-EU Permits - a few bullet points.
 
Quote:

Originally Posted by Alirezakarimi (Post 424366)

Art. 38 Erwerbstätigkeit


3- Personen mit einer Aufenthaltsbewilligung kann der Wechsel zu einer selbständigen
Erwerbstätigkeit bewilligt werden, wenn die Voraussetzungen nach Artikel
19
Buchstaben a und b erfüllt sind.

Article 38 : Employment

The people that already have Aufenthaltbewilligung (B-Permit) could get a permit for self-employment provided they fulfill terms a and b of article 19.


Quote:

Originally Posted by Alirezakarimi (Post 424366)


Art. 19 Ausübung einer selbständigen Erwerbstätigkeit

Ausländerinnen und Ausländer können zur Ausübung einer selbständigen Erwerbstätigkeit
zugelassen werden, wenn:
a. dies dem gesamtwirtschaftlichen Interesse entspricht;

Foreigners could a permit for self-employment provided that :

a. The intended business would be in the interest of country.

Quote:

Originally Posted by Alirezakarimi (Post 424366)

b. die dafür notwendigen finanziellen und betrieblichen Voraussetzungen
erfüllt werden;

b. They hold required financial and operational conditions for the intended business.

RivellaFan 25.03.2009 11:32

Re: Non-EU Permits - a few bullet points.
 
After reading bullet points, I understood "Aufenthaltbewilligung mit Erwerbstätigkeit" is a transferable permit.--Please correct me if I am wrong..
I have this type of B permit with expire date, And one job consultant reply me, sorry your permit is untransferable and add it is difficult to get job in this market condition with this permit.
Can anyone please tell me "Is this type of permit is really not useful for me to look for a job in swiss?"
Thanks


All times are GMT +2. The time now is 04:24.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0