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  #121  
Old 04.05.2008, 10:45
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Re: Non-EU Permits - a few bullet points.

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I understand the above sticky however before I will get as far as ''work permits'' are concerned can someone please clarify for us the following:
The way I see it and before I comment on your questions, I sense your approach is "My girlfriend needs a visa so she can stay here and look for jobs". I can tell you in advance this is not going to be approved.
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  #122  
Old 04.05.2008, 16:28
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Re: Non-EU Permits - a few bullet points.

I dont understand what is wrong with extending someone's stay here in order to look for employment...
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  #123  
Old 04.05.2008, 16:31
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Re: Non-EU Permits - a few bullet points.

Btw, maybe I should rephrase it again she has got 3 month visa just needs to extend her stay for another two months...
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  #124  
Old 04.05.2008, 16:34
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Re: Non-EU Permits - a few bullet points.

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I dont understand what is wrong with extending someone's stay here in order to look for employment...
Nothing wrong, but the legislation does not allow it.
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  #125  
Old 04.05.2008, 16:37
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Re: Non-EU Permits - a few bullet points.

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Btw, maybe I should rephrase it again she has got 3 month visa just needs to extend her stay for another two months...
That is possible just approach the migrationsamt. But never mention that your spouse needs the extension, to look for a job.
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  #126  
Old 04.05.2008, 16:45
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Re: Non-EU Permits - a few bullet points.

This is just more like it... it is not that she desparately looks for a job to stay and do whatever... but I appreciate advice...
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  #127  
Old 06.05.2008, 09:39
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Re: Non-EU Permits - a few bullet points.

[quote=dbsb;121164]
Quote:

My understanding is if I get B permit that classifies me into a category described in the Article 33 as Aufenthaltsbewilligung than my wife will get her Aufenthaltsbewilligung according to Article 44 and according to Article 46 she would be able to look for work without going through the process of proofing that she is the only one for the job ... (current Non-EU rules).
--------------------------------------------
...This is also my interpretation of the new rule, however I am looking for someone more knowledgeable to confirm it. I am also a non-EU national - I am accompanying my husband, who is employed on a B permit here and this is what I have as well. I recently (March 08) got a job offer and I thought I could start work pretty much immediately, however this has not been the case. There has been delays and complication in the employer's getting me a "real" work permit. Reading the new law about family members with on a B permit, I should have been spared having to go through additional work permit application procedures.

Does anyone have knowledge on this matter? I would greatly appreciate your help.

Thank you.

ps I am also attaching a document I received from the municipality, which also (I think) confrims that "I can apply for/start work without going through the process of prooving that I am the only one for the job". Please refer specifically to point 3 in the attachment.
Attached Files
File Type: pdf Working permission for B-permit holders.pdf (74.0 KB, 666 views)
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  #128  
Old 06.05.2008, 09:53
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Re: Non-EU Permits - a few bullet points.

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[ There has been delays and complication in the employer's getting me a "real" work permit. Reading the new law about family members with on a B permit, I should have been spared having to go through additional work permit application procedures.
You don't have to, but depending which canton you're in the paperwork can take some time. It's not yet a walk-in procedure unfortunately.
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  #129  
Old 06.05.2008, 10:07
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Re: Non-EU Permits - a few bullet points.

Thanks for quick feedback. Much appreciated.

Yes, the paperwork....What puzzled me though is that based on what the employer told me - the canton could not make a decision on my application so they sent the paperwork to the federal government...?! Hence the delay...Why is that necessary if I, as a B residence permit holder, can apply for/start work without going through the process of prooving that I am the only one for the job...It should be simple - that is why this makes me suspicious that my paperwork was not handled correctly in the first place.

What could you advise me? Thanks!
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  #130  
Old 06.05.2008, 10:17
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Re: Non-EU Permits - a few bullet points.

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Thanks for quick feedback. Much appreciated.

Yes, the paperwork....What puzzled me though is that based on what the employer told me - the canton could not make a decision on my application so they sent the paperwork to the federal government...?! Hence the delay...Why is that necessary if I, as a B residence permit holder, can apply for/start work without going through the process of prooving that I am the only one for the job...It should be simple - that is why this makes me suspicious that my paperwork was not handled correctly in the first place.

What could you advise me? Thanks!
Well, other than wait there's not really much you can do...
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  #131  
Old 21.05.2008, 10:43
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Re: Non-EU Permits - a few bullet points.

We found the so called ''sponsor'' who would be willing to help my girlfriend in obtaining Swiss work permit for sport's people... I would like to find out more on this topic from all English speaking community (who might be concerned or might have dealt with similar stuff in the past). Basically, what documents are required from us to submit (just a short list, I am aware that it might have been listed before somewhere on EF but please send me a link)? Who should approach the immigrations office first: my girlfriend as an applicant or our ''sponsor'' who is willing to employ her?
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  #132  
Old 21.05.2008, 10:55
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Re: Non-EU Permits - a few bullet points.

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We found the so called ''sponsor'' who would be willing to help my girlfriend in obtaining Swiss work permit for sport's people... I would like to find out more on this topic from all English speaking community (who might be concerned or might have dealt with similar stuff in the past). Basically, what documents are required from us to submit (just a short list, I am aware that it might have been listed before somewhere on EF but please send me a link)? Who should approach the immigrations office first: my girlfriend as an applicant or our ''sponsor'' who is willing to employ her?
The employer. If he dealt with this before, he'll tell you exactly what documents are needed.
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  #133  
Old 21.05.2008, 11:02
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Re: Non-EU Permits - a few bullet points.

Thanks for swift reply.

Unfortunately the potential employer who is willing to help us had asked me exactly same question as I did ask you.

They want to know how they can help? Maybe I should refer them to the website. It is in canton of Argau where she plans to work...
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  #134  
Old 21.05.2008, 11:05
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Re: Non-EU Permits - a few bullet points.

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Thanks for swift reply.

Unfortunately the potential employer who is willing to help us had asked me exactly same question as I did ask you.

They want to know how they can help? Maybe I should refer them to the website. It is in canton of Argau where she plans to work...
What is the position your girlfriend will be hired for?
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  #135  
Old 21.05.2008, 11:24
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Re: Non-EU Permits - a few bullet points.

Since the club that we joined in the past had created vacancy and it wasn't covered by anyone yet, then they would be willing to hire her as a full time tennis coach/instructor.
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  #136  
Old 21.05.2008, 21:44
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Re: Non-EU Permits - a few bullet points.

Do you have take on it? So it is quite difficult to get a permit for sport's person isn't it?
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  #137  
Old 21.05.2008, 22:00
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Re: Non-EU Permits - a few bullet points.

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Since the club that we joined in the past had created vacancy and it wasn't covered by anyone yet, then they would be willing to hire her as a full time tennis coach/instructor.
Then it's all in the first post really. The club has to advertise both with unemployment and EU-wide. Once that's done they may apply for a work permit for your GF.

By the way, this forum exists for foreigners who are at a loss navigating the Swiss employment system, not for Swiss employers who are lazy to do so.
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  #138  
Old 22.05.2008, 00:11
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Re: Non-EU Permits - a few bullet points.

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Then it's all in the first post really. The club has to advertise both with unemployment and EU-wide. Once that's done they may apply for a work permit for your GF.

By the way, this forum exists for foreigners who are at a loss navigating the Swiss employment system, not for Swiss employers who are lazy to do so.
Maybe it sounds very trivial to employ the Swiss coach in Switzerland, but I have seen the quality of private tennis coaching here and frankly speaking my GF shines outperforming most of local amateurs who treat tennis coaching as usually a second job. The reason they really liked her here in a small provincial club is that non of the women is able to match her level. Even nation wide she has got a brilliant career ahead, that what people think here... For no reason she was a champion in Africa for couple of years and later retired to professional coaching

You have got a point here. Knowing though how the people think here, for ordinary Swiss is usually difficult to understand this dire strait situation since they are very well protected legally on the job market. So there might not think is a matter of urgency and normally they do not need to deal with Immigration office like we do. Hence they luck of experience with these matters
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  #139  
Old 22.05.2008, 16:45
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Re: Non-EU Permits - a few bullet points.

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This is important stuff - it effects many people on the forum in a similar situation to Kalyan.

For me, there is still some confusion in the legislation. What is clear is that non-EU citizens with L permits are not included in the above (art 45 not included in art 46). Those married to a Swiss citizen and those with C permits are included (art 42 and 43). The rest fall into the category discussed in art 44. It is clear that student permits are excluded.

My guess is that the residence permit has to be open and connected to a full time employment contractand not a restricted one linked to a project - but that's only my guess.
My head is spinning now. Is there a way to create a sticky for non-EU dependents of non-EU holders of B-permits of various types (including a post-doc one), based on the most current legislation, preferably with links to official websites? (Am I asking too much???).

Last edited by galinas; 23.05.2008 at 16:23.
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  #140  
Old 23.05.2008, 14:42
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Re: Non-EU Permits - a few bullet points.

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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. Legal base Art. 38 AuG / LEtr

-------------------------------------------------------------------------------------------

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
-------------------------------------------------------------------------------------------
What kind is the following permit:

Ausländerausweis B, Aufenthaltsbewilligung B gultig bis ... (a year since the date of issue this May), Aufenthalt zum Studium Postdoktorand

issued on the basis of Erm
ächtigung zur Visumerteilung, for which Aufenthaltsdauer is 01.05.2008 - 12 Monate.

This is for a non-EU individual, issued by Bern.

Please help!

Last edited by galinas; 23.05.2008 at 16:24.
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