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Old 13.10.2016, 16:42
Medea Fleecestealer's Avatar
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Re: Non-EU Permits - a few bullet points.

"1) Can an employer(a Swiss company) apply and get the restricted Non EU B permit of its employee converted to an open B permit? ( As the authorities extended and issued a restricted B permit even though the employer had applied for an open permit during the extension request).
[Let us assume that the employer will agree to do so]

I remember having read a post giving even the details of the form and fees for such an application but I am not able to find that anywhere."

Only when the time for the next renewal comes up I think. Can't be converted during the current permit as far as I know.

"2) Within the non EU B permit quota, are there any specific number of open and restricted B permits ?"

Not that I've heard because I'm not sure an open B would come under the quota.

"3) If one gets an open non EU B permit , then are there any further approvals required whenever one changes jobs ?"

No.

"4) Are any approvals required if a non-EU dependent B permit holder wants to start an AG and work as a director in this company."

Yes. They need to get approval for the business the same as anyone else does. They need to show a good business plan and have sufficient funding to keep the business going while it gets established. And it would face the same non-EU hiring rule that any other Swiss company does. It would have to prove that it can't find a Swiss/EU national who could do the job.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Also bear in mind that having your own company here wouldn't necessairly allow you to continue living and working here if the main permit holder loses their permit. The dependent permit is linked to the main permit, if one goes they all go.

From the Foreign Nationals Act:

"The possibility of gainful employment for family members is related, according to art. OASA 26 and 27, to the duration of the authorization of the person granted family reunification. If the residence permit of the spouse is not renewed, the members of his family cannot claim a right to pursue their gainful employment (art.6, para. 2, OASA)."
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  #642  
Old 13.10.2016, 17:33
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Re: Non-EU Permits - a few bullet points.

Thanks Medea,

About point 4. I learnt that for hirign a dependent B permit hoder, you do not need to prove that you could not find Swiss/EU national. Pls correct me if this is wrong.
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  #643  
Old 13.10.2016, 17:43
Medea Fleecestealer's Avatar
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Re: Non-EU Permits - a few bullet points.

True, my mistake. Sorry.
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  #644  
Old 13.10.2016, 18:18
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Re: Non-EU Permits - a few bullet points.

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Thanks Medea,

About point 4. I learnt that for hirign a dependent B permit hoder, you do not need to prove that you could not find Swiss/EU national. Pls correct me if this is wrong.
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True, my mistake. Sorry.
Yoga - I might be misreading your posts so please clarify if I'm wrong. It sounds like the one with a tied B permit would prefer to have an open B and start a business. Then that business would hire the spouse/partner holding a dependent B permit?

If so I don't think there's anything against it in the laws but it could raise some eyebrows in the permit approval process. Something to keep in mind.
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  #645  
Old 13.10.2016, 20:11
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Re: Non-EU Permits - a few bullet points.

Thank you,

Q 1 to 3 are for non EU restricted B permit holder i.e. for me.
Q4 is for my dependent B permit holder wife.

I am looking for freedom to change jobs, she wants to start business, so the 2 queries are not related to each other. I should have stated clearly.
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