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  #141  
Old 23.05.2008, 15:48
swissbob
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Re: Non-EU Permits - a few bullet points.

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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 Ermächtigung zur Visumerteilung, for which Aufenthaltsdauer is 01.05.2008 - 12 Monate.

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

Please help!
Student (post doc) permit. Not one covered by the quoted legislation.
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  #142  
Old 23.05.2008, 17:20
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Re: Non-EU Permits - a few bullet points.

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Student (post doc) permit. Not one covered by the quoted legislation.
Thanks! So the sticky doesn't list this type of B-permit. Just out of curiosity: do pre-postdoc students (i.e. bachelor's or PhD's) get the same exact type of permit?

I've read the documentation from the Zurich site http://www.arbeitsbewilligung.zh.ch/...gen_noneu.html about students being an exception to the current legislation. Can I thus assume that this holds for every canton? I can't find this "student exception" in "Bundesgesetz über die Ausländerinnen und Ausländer (AuG)." Where should I search to find the exact legislation act/ decree that states the exception on the federal level? (Searching in German is not yet my forte...)

Also, I think it was mentioned somewhere in this thread that the years of being a student don't count towards a C-permit. Does this hold for post-docs as well? Again, where can I find an official confirmation of that?
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  #143  
Old 23.05.2008, 17:26
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Re: Non-EU Permits - a few bullet points.

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I can't find this "student exception" in "Bundesgesetz über die Ausländerinnen und Ausländer (AuG)."
Article 27.


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Also, I think it was mentioned somewhere in this thread that the years of being a student don't count towards a C-permit. Does this hold for post-docs as well? Again, where can I find an official confirmation of that?
Art. 34. al.5.
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  #144  
Old 23.05.2008, 17:48
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Re: Non-EU Permits - a few bullet points.

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Article 27.




Art. 34. al.5.
I must be crazy. I don't see where Article 27 or Article 34.5 mention the student exception described on the Zurich site:

"Personen mit Aufenthaltsregelung im Familiennachzug:
Angehörige von Personen, welche eine Aufenthaltsbewilligung im Familiennachzug besitzen, brauchen keine Bewilligung zur Erwerbstätigkeit, wenn der Ehegatte oder die Eltern folgenden Aufenthaltstatus haben:
  • Schweizer Staatsbürger
  • Niederlassung C
  • Aufenthaltsbewilligung B
- ausgenommen Zulassung aus persönlichem Härtefall
- ausgenommen Studienaufenthalter / Ausbildung
  • Aufenthaltsbewilligung (EG/EFTA-Ausweis)"
CF:

"Art. 27 Aus- und Weiterbildung

1 Ausländerinnen und Ausländer können für eine Aus- und Weiterbildung zugelassen werden, wenn:
a.die Schulleitung bestätigt, dass die Aus- oder Weiterbildung aufgenommen werden kann;b.eine bedarfsgerechte Unterkunft zur Verfügung steht;c.die notwendigen finanziellen Mittel vorhanden sind; undd.die Wiederausreise gesichert erscheint. 2 Bei Minderjährigen muss die Betreuung sichergestellt sein."

AND

"5 Vorübergehende Aufenthalte, namentlich zur Aus- und Weiterbildung (Art. 27), werden an den ununterbrochenen Aufenthalt in den letzten fünf Jahren nach den Absätzen 2 Buchstabe a und 4 nicht angerechnet."

I guess my German stinks. Could you translate/ point out where the Zurich site and the Bundesgesetz overlap? Sorry to be a bother...
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  #145  
Old 23.05.2008, 17:57
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Re: Non-EU Permits - a few bullet points.

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I guess my German stinks. Could you translate/ point out where the Zurich site and the Bundesgesetz overlap? Sorry to be a bother...
Sure. If you read the caption just above art. 27 it says something like this:

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2. Abschnitt: Zulassung zu einem Aufenthalt ohne Erwerbstätigkeit
i.e. the students are allowed to stay, but are not authorised by default to work.

I don't see where the confusion is re. the other article. You asked for documentation supporting the assertion that years spent on a student permit do not count toward a C permit. That's exactly what art. 34 spells out.

In general you do not have to read select articles but the law in general first to understand how it unfolds.
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  #146  
Old 23.05.2008, 18:22
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Re: Non-EU Permits - a few bullet points.

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Sure. If you read the caption just above art. 27 it says something like this:



i.e. the students are allowed to stay, but are not authorised by default to work.
Thanks for the translation! Is this the covert reason why spouses of students are exceptions to the new legislation regarding spouses of B-permit holders (brauchen keine Bewilligung zur Erwerbstätigkeit)? Or is there something more specific in the Bundesgesetz about spouses of students? (I guess I don't have the general understanding of how the law unfolds yet)

If my husband has signed an Arbeitsvertrag as a post-doc, I assume it means he is authorized to work (unless I am missing something again). But I guess the law doesn't distinguish between spouses of student B-permit holders who are authorized to work and of those who aren't.

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I don't see where the confusion is re. the other article. You asked for documentation supporting the assertion that years spent on a student permit do not count toward a C permit. That's exactly what art. 34 spells out.
Thanks again!

Last edited by galinas; 24.05.2008 at 14:40.
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  #147  
Old 29.05.2008, 12:38
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Re: Non-EU Permits - a few bullet points.

Hi, in addition to the questions raised earlier, I have another question which I hope you guys can help to shed some light on.

Currently, I'm here on a L work permit (9months) for a short term working stint. Assuming that I do get a residence card, would it be possible for me to quit my current company and look for a new job using my residence card + L work permit and perhaps, get my new employer to extend my work permit once it expires?

Thanks once again.

Cheers
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  #148  
Old 29.05.2008, 12:46
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Re: Non-EU Permits - a few bullet points.

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Hi, in addition to the questions raised earlier, I have another question which I hope you guys can help to shed some light on.

Currently, I'm here on a L work permit (9months) for a short term working stint. Assuming that I do get a residence card,
Your permit is your "residence card" however your right to reside extinguishes when you resign.

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would it be possible for me to quit my current company and look for a new job using my residence card + L work permit
No.
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  #149  
Old 29.05.2008, 13:02
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Re: Non-EU Permits - a few bullet points.

wally168,
I was in the same situation. Your L permit is extremely limited. You cannot stay as a resident after you quit. You can leave the country (for one month) and return as a tourist with a resience in your home country or elsewhere.

I looked for work after I returned as a tourist. Though I had several interviews in various Swiss cities and some great companies were interested in hiring me, when they found out they'd have to get a permit for me, conversations ended. If you have truly unusual and super qualifications, I imagine they'd probably hire you anyway.

Good luck!
Rebecca
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  #150  
Old 29.05.2008, 13:35
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Re: Non-EU Permits - a few bullet points.

Thank you both for replying so promptly. Appreciate it a lot.
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  #151  
Old 29.05.2008, 18:37
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Re: Non-EU Permits - a few bullet points.

[quote=Shorrick Mk2;70607]============A permit is required before accepting any job=========


Legal base: Federal Aliens Law in German ; Federal Aliens Law in French


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
Hi,

I'm a dependent B permit holder (non-EU). Can someone please tell me which article in Federal Aliens Law indicates to "Does not include work permission - this must be applied for separately (no quotas; indigenous priority does not apply anymore since 1.1.08)". I applied for a job and explained this to my potential employer. They were not quite sure about this new law. I'd like to email them the above link, but I wanted to know which article talked about the work permit situation for dependent B permit holders beforehand. I don't understand French at all. I tried translating using Babelfish translation service, but there are many pages and I couldn't find it. I'd appreciate any help on this! Thanks.
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  #152  
Old 29.05.2008, 18:42
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Re: Non-EU Permits - a few bullet points.

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I'd appreciate any help on this! Thanks.
Article 46.
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  #153  
Old 30.05.2008, 18:20
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Re: Non-EU Permits - a few bullet points.

Hi! Nice to find so many people all trying to figure out this system!
What about B Permits for study purposes? Does anyone have any experience with trying to stay on in Switzerland after having completed studies here? As far as I know, I have to either leave the country, or go through exactly the same application process as if I was never here.
Thanks...
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  #154  
Old 31.05.2008, 09:49
swissbob
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Re: Non-EU Permits - a few bullet points.

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Hi! Nice to find so many people all trying to figure out this system!
What about B Permits for study purposes? Does anyone have any experience with trying to stay on in Switzerland after having completed studies here? As far as I know, I have to either leave the country, or go through exactly the same application process as if I was never here.
Thanks...
You know right.
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  #155  
Old 12.06.2008, 16:14
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Re: Non-EU Permits - a few bullet points.

Hi all!
This has been a very useful thread. However, I still have a question regarding my perticular permit. We have been living here for the past 8.5 years.
It is a non-EU B written Ausländerausweis on the top.
Inside it is written Aufenthaltsbewilligung B
At the bottom it is written Verleib beim Ehemann(as I am a dependent and have not worked in Switzerland so far).
With this information, is it possible for someone to tell if I would like to start working do I have to go through the workpermit process? OR Is it as simple as getting it stamped in the Stadt house by producing the offer letter?
Your reply would be very helpful.
Thanks and regards
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  #156  
Old 14.06.2008, 22:13
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Re: Non-EU Permits - a few bullet points.

Hey everybody,

Thanks for such an informative thread (and site). This is my first post. Many of my questions have been answered but, and I know you here this all the time but I have a bit of a different/odd situation.

My wife and I are wanting to move to Switzerland, not sure how long for. My wife is British. I am a South African but I am also a British Overseas Citizen. Basically I have a Brit passport but I don't have right of abode in the UK.

I am busy applying for a jobs with the big financial institutions in Zurich, all in IT. I was just wondering if I would be treated as an EU or a non-EU. Any ideas?
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  #157  
Old 09.07.2008, 16:26
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Re: Non-EU Permits - a few bullet points.

Dear Members,
First of all hi to all in this forum! I am new to this forum. Am a non-EU national currently living in UK. I have got a job offer as R&D Scientist in a big company in Zurich and my employer have applied for a work permit for me. I have read few other forums and came to understand that getting a work permit is very difficult in Switzerland. However my group leader in the company in Switzerland is very confident about the work permit. I would like to know what my chances would be. I am a non-EU national and I have completed PhD in the UK and this job role is that of a R&D Scientist. I have refused a job offer in UK since I am relying on the job offer in Switzerland ( I am supposed to join the company in UK on 21 July, but I would get a reply about the Switzerland work permit only during August). Any suggestions are welcome. Kindly advice me on this.
Regards
Vin
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  #158  
Old 09.07.2008, 17:09
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Re: Non-EU Permits - a few bullet points.

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I would like to know what my chances would be. I am a non-EU national and I have completed PhD in the UK and this job role is that of a R&D Scientist.
Unfortunately there is no way to tell.
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  #159  
Old 11.07.2008, 15:45
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Re: Non-EU Permits - a few bullet points.

I'm new to the forum, but I wanted to thank you for the information on Non-EU permit holders. I am currently interning here in Zurich and my L Permit ends at the end of the month. I am interested in looking for work in Switzerland, because I would like to spend more time here, but I was told recently that I might have to leave the country for a year before getting a B permit (provided I have a job which organizes the permit for me). Does anyone know the rules about leaving Switzerland or the required time between between different types of work permits?

Thanks, Lisa
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Old 17.07.2008, 07:42
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Re: Non-EU Permits - a few bullet points.

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I'm new to the forum, but I wanted to thank you for the information on Non-EU permit holders. I am currently interning here in Zurich and my L Permit ends at the end of the month. I am interested in looking for work in Switzerland, because I would like to spend more time here, but I was told recently that I might have to leave the country for a year before getting a B permit (provided I have a job which organizes the permit for me). Does anyone know the rules about leaving Switzerland or the required time between between different types of work permits?

Thanks, Lisa
There is no time requirement between permits. If you can find a job and your employer successfully applies for a work permit in the time available then you would not have to leave the country but as time is short you may have to look at the option of staying on as a tourist for a couple of months while the paperwork is done. If it takes longer then you may have to leave the country for a while.
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