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Old 08.06.2007, 16:17
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Non-EU Permits - a few bullet points.

============A permit is required before accepting any job=========


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


Gainful employment is any activity carried out as a self-employed or employed person, temporary or permanent, which is usually paid, even if no payment is received :
  • for an employer which is based in Switzerland or abroad, no matter where the salary is paid
  • as an apprentice, trainee, volunteer, sportsperson, social worker, au pair, artist, etc...
First employment : priority for residents

When a first employment is involved, priority will be given to Swiss nationals seeking employment or foreigners residing in Switzerland and who hold resident and work permits.
The employer is required to prove :
  • that it has made every possible effort to find a worker on the Swiss and European local labour market, the latter if the application concerns a non-European national
  • that it has notified the job in question to the Cantonal Employment Office by means of the Vacancy "We are searching" form and that the Office has been unable to find a candidate within a reasonable period
  • that for the post in question it cannot train or have trained within a reasonable period a person available on the labour market
Conditions of employment, employment contract

Permits may only be granted if the employer is offering the foreign national the same salary and employment conditions current locally and in the industry and if the foreign national has adequate sickness insurance.

The employment contract must be enclosed with any application, whatever the period of employment.


Changing a job or place of work

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

Obtaining a visa - application and first entry into Switzerland

The prospective employer must do the application on behalf of the prospective employee. The vetting process can take up to three months. Once the authorisation to receive a work permit is delivered, foreign nationals must apply with it for the specific entry visa at the Swiss consulate / embassy of their residence. Upon entering Switzerland, the visa must be stamped by the immigration officers at the border. Failure to get a stamp may result in being required to exit and reenter Switzerland to get said stamp.

Types of permits - Permit / Duration / Requirements

note - those are general non-exhaustive examples



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

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

L PERMIT
SHORT-TERM PERMIT NOT SUBJECT TO QUOTA
(für die Ausübung einer kurzfristigen Erwerbstätigkeit sowie für andere vorübergehende Aufenthalte)
  • Training, project, setting up IT systems, fiduciary review, extra labour in a very busy period, start-ups
  • 4 consecutive months
L PERMIT
SHORT-TERM PERMIT NOT SUBJECT TO QUOTA
  • Management and development of a company when the presence of a manager is not required all year
  • 120 days over 12 months
L PERMIT
SHORT-TERM PERMIT SUBJECT TO QUOTA
  • Trainees in general and other foreigners managing projects (e.g. setting up an IT system, fiduciary review, expert opinion, etc.); European seconded workers for periods exceeding 90 working days
  • Young people employed as au pairs aged from 18 to 30 years : Canadian, USA, Australian and New Zealand nationals (30 hrs work per week)
  • Young workers qualified as health professionals and trained abroad who wish to develop their professional skills
Third countries workers :
Renewable up to a maximum of 24 months


L PERMIT
SHORT-TERM PERMIT SUBJECT TO QUOTA BY COMPANY
  • Cabaret dancers and other artists (Form A7)
  • Maximum 8 months in a calendar year
-------------------------------------------------------------------------------------------

G PERMIT
BORDER COMMUTER PERMIT
(für Grenzgängerinnen und Grenzgänger)
  • Third countries workers under specific circumstances
  • Priority for workers on the labour market
  • Compliance with employment conditions
  • Employee qualifications
  • Changing job, profession and canton
  • Valid for 1 year
  • Renewable
-------------------------------------------------------------------------------------------

N PERMIT
ASYLUM SEEKER
(für Asylsuchende. Dieser Ausweis wird von den kantonalen Behörden gestützt auf den Entscheid des Bundesamtes für Migration ausgestellt)


Foreign nationals, who during the time their asylum application is being processed are permitted to seek temporary employment until a ruling is given on the asylum application

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

F PERMIT
TEMPORARY ADMISSION
(für vorläufig aufgenommene Ausländerinnen und Ausländer (Art. 14a ANAG, Art. 5 VVWA). Dieser Ausweis wird von den kantonalen Behörden gestützt auf eine Verfügung des Bundesamtes für Migration ausgestellt.)


Work permit for certain foreign nationals who do not qualify for asylum
Renewable

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

Ci PERMIT
(Dieser Ausweis wird von den kantonalen Behörden für erwerbstätige Ehepartner und Kinder von Angehörigen ausländischer Vertretungen oder intergouvernementaler Organisationen (IO) ausgestellt.)

Work permit for the spouse of an employee of an international organisation, living as part of a family unit, and children under 21 years.

The competent body for the examination of Ci permit application is the Office cantonal de la population (I leave this in French as the majority of Ci applicants are Geneva-based)

Subject to the duration of the post of the holder of the "carte de légitimation" [Legitimation card]
Note that accession to a Ci card implies loss of fiscal and professional jurisdictional immunity.


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

C PERMIT
SETTLEMENT PERMIT

Here endeth your quest...after a five year uninterrupted stay (EU + US + Canada) or otherwise ten (RoW).

Implications:
  • Holders are not taxed at source anymore - regardless of income level.
  • Holders can buy residences unrestricted to a primary residence.
  • Holders can vote and be eligible on communal matters.
  • In some cantons holders can apply and be enrolled in the police force.
  • Moving and changing jobs is not subject to any authorisation whatsoever.
  • The permit can be suspended for as much as four years if the holder wishes to move temporarily abroad for education or career purposes.
  • The holder is entitled to unemployment (provided he contributed for the standard period to unemployment insurance).
  • Holders can work independently without applying for authorisation.

Last edited by Shorrick Mk2; 16.09.2009 at 08:49. Reason: Latest version 25/9/08
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  #2  
Old 08.06.2007, 16:43
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Re: Non-EU Permits - a few bullet points.

Good effort, Shozza
The questions to this answer have already been posted btw
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  #3  
Old 08.06.2007, 17:22
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Re: Non-EU Permits - a few bullet points.

Could you please post the german version of permit types?

Thank you!
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  #4  
Old 08.06.2007, 17:24
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Re: Non-EU Permits - a few bullet points.

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Could you please post the german version of permit types?

Thank you!
I think the letter designator is the same in German... or did you mean permits issued by Germany, in which case I don't have a clue.

Last edited by Shorrick Mk2; 08.06.2007 at 17:38.
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  #5  
Old 08.06.2007, 17:43
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Re: Non-EU Permits - a few bullet points.

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I think the letter designator is the same in German... or did you mean permits issued by Germany, in which case I don't have a clue.
like B permit, there are long term and short term, etc...

what are them in german, as appear in official letters?
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  #6  
Old 09.06.2007, 07:17
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Re: Non-EU Permits - a few bullet points.

Good information Shorrick but maybe a small caveat is required?

While the permit types and their application to various situations is clearly defined and published, the spirit of the law doesn't always match the letter and if an individual cannot see the permit type for their own situation it doesn't necessarily mean they won't get one.

For example, non EU employee of IT consulting company offered a 12 month contract received a 12 month L permit.
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Old 25.02.2013, 16:28
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Re: Non-EU Permits - a few bullet points.

Hi there , I am new to this Forum , I just got married to a swiss in denmark , I am having a shengen visa valid for the next three months , we both came back to swiss together can you advice me in the best way to go about registering the marriage here in swiss as we do not have much ideas either, then what permit will i get at first , will i be able to work here in Swiss after this permit? will appreciate your response.
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Old 11.06.2007, 03:04
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Re: Non-EU Permits - a few bullet points.

thanks for the overview
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Old 06.07.2007, 15:29
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Re: Non-EU Permits - a few bullet points.

Nice guide Shorrick



Edit - I am a dumb ass - this is for Non- EU people

Last edited by Thambo; 06.07.2007 at 15:30. Reason: Coz i am stoopid
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  #10  
Old 28.07.2007, 19:51
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Re: Non-EU Permits - a few bullet points.

Quick questions:

What about working for a day or two? Like if someone is just flown over to lead a two-day training seminar? Would she have to have a permit then?

What about starting one's own company? Is that easier?

Thanks!

Rebecca
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  #11  
Old 28.07.2007, 20:02
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Re: Non-EU Permits - a few bullet points.

for a two-day seminar - no problem. But judging by your other posts, you need to marry your German partner to easily stay here long term
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  #12  
Old 28.08.2007, 16:52
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Re: Non-EU Permits - a few bullet points.

Shorrick, thanks a lot! Clairfies few points. But I still have a question. Upon getting original B permit how long are you required (if required at all) to stay in same canton with same employer? I heard something about 2 years, but am not sure at all it is so. Could you please enlighten me?
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Old 10.12.2007, 17:15
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Re: Non-EU Permits - a few bullet points.

Hi,

I am new to this forum and I have a question about whether L-permit holders have the right to start a company in Switzerland.

I will be working in Lausanne as from Jan 2008 with an L-permit and since I have a couple of ideas I wanted to test, I wanted to start a form there.

I also have a friend who is a swiss national who could be interested in setting up the firm with me.

Maybe these issues have already been discussed here , if so, I would be thankful if you could redirect me to the appropriate threads.

Thanks
kiran
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Old 17.12.2007, 07:44
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Re: Non-EU Permits - a few bullet points.

Hi all,

I am also quite new to this forum. I have a question. I will start for as Senior in one of the Big Four, I have sumitted the formal documents for work permit, as well as some reference letters from my previous employers, my ex-directors and MD as supporting documents.

My question is how good are the Big Four in getting the Visa, do they have more influence to get the visa? Secondly, I have indefinate contract, what are my chances to get B visa, can I get at least L and convert it to B a year later? Is there any place where I can see the status of quotas in Basel?

Thank you in advance,

S.T.
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Old 19.12.2007, 16:25
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Re: Non-EU Permits - a few bullet points.

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Hi all,

I am also quite new to this forum. I have a question. I will start for as Senior in one of the Big Four, I have sumitted the formal documents for work permit, as well as some reference letters from my previous employers, my ex-directors and MD as supporting documents.

My question is how good are the Big Four in getting the Visa, do they have more influence to get the visa?
The higher the position the better the chances. Big companies know the system better (and pay more expensive lawyers) therefore produce better paperwork.

Quote:
Secondly, I have indefinate contract, what are my chances to get B visa, can I get at least L and convert it to B a year later?
You could for instance have an indefinite contract and be on an expat arrangement, so there's no way to tell without seeing what paperwork your potential employer has done.

Quote:
Is there any place where I can see the status of quotas in Basel?
No.
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Old 18.03.2008, 08:32
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Re: Non-EU Permits - a few bullet points.

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Is there any place where I can see the status of quotas in Basel?
.

Are the quotas based on Kanton. Commune, or what? Is there a national number?
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  #17  
Old 18.03.2008, 08:35
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Re: Non-EU Permits - a few bullet points.

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Are the quotas based on Kanton. Commune, or what? Is there a national number?
There's a national allowance which is then split between the cantons by the federal office of migration. They reserve a number of federal tickets as buffer. And foreseeing your next question, no, it is impossible to tell how many have already been issued and how many remain.
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Old 18.03.2008, 08:46
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Re: Non-EU Permits - a few bullet points.

Is there usually a press release stating that this year the B permit quota is full? If so, when does that usually occur? March? We get something like that for H1-B's in the US.
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Old 19.12.2007, 23:53
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Re: Non-EU Permits - a few bullet points.

B PERMITS

Is it really only 5 years wait for a C once you have a B (for Canadians)? Maybe I have some old information, but I thought only the USA was 5 and Canada was 10. I just got my B....so I have to start the counter. Thanks for the info Shorrick.
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Old 20.12.2007, 08:51
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Re: Non-EU Permits - a few bullet points.

Now that you mention it that sounds about right. I'll crosscheck to make sure.
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