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Old 27.05.2010, 00:52
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Non EU Dependent Spouse work permit

Hi,

We've been on L permits (Non-EU) for two years, and have been notified that my husband's work permit has been renewed for the third year. He seems to be getting a short-term (1 year) not a long-term renewal.

Can anyone confirm
a) if we will get a B permit this time ?
b) if I'll be allowed to work ?

I thought that I'd be automatically allowed to work and that a B was granted after 2 years on the L... but maybe I'm wrong. I have a current 1 year work contract, and a 1 year work permit to match it...but I'll be needing a new job/work permit as soon as the current one expires
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Old 27.05.2010, 01:00
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Re: Non EU Dependent Spouse work permit

Hi Swisspea

IF your hubby gets a B permit, I know that as of 1.1.2008, dependent B permit holders can work without a separate work authorisation.
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Old 27.05.2010, 01:08
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Re: Non EU Dependent Spouse work permit

Thanks for your reassurance.

I am freaking out at the idea that he gets an L for the third year in a roW!

It's been confirmed (ie. he has permission for the new year) it's just that I am in the throes of finalising a new work contract for myself and my new employer is a bit confused...because my new permit will renew at exactly the same time as my new job begins...
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Old 27.05.2010, 01:25
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Re: Non EU Dependent Spouse work permit

Having a B permit simplifies a lot of other things understandably, but not easy to come by as I was reliably told today.

I was at a place in Langstr. today - these people work very close with this person, the author of this book Auslanderrecht.

They told me that Migrationsamt is stricter than ever with B permits. I saw some internal ( perhaps even privileged ) documents that explained Art 38, 28, 25 ( as I am contemplating bringing my retired Aussie mom over here by virtue of being a B permit holder ) in detail eg how the Lebensbedarf for Familiennachzug is tallied ( a 2010 version is to be out very soon ).

I hope you both get the B permit. Life on an L permit can be miserable and stressful, as a couple of my friends from the Indian sub continent have told me after being on it for 2 years and having to leave CH.
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Old 27.05.2010, 07:35
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Re: Non EU Dependent Spouse work permit

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Thanks for your reassurance.

I am freaking out at the idea that he gets an L for the third year in a roW!

Hi Swisspea,

Its not possible to be on L for more than 24 months, so if you are allowed to stay, will be a B.
For Non-EUs its a yearly B, not long term B, this is normal, and an easy process to renew, its just a formality, if the employer is happy and supports the renewal, there is no problem, thats what people told me at the Kreisbuero, Office of Migration, Office of Work and finally some Lawyers specialized on the matter

Cheers,

Chris
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Old 27.05.2010, 08:21
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Re: Non EU Dependent Spouse work permit

Hi Swisspea,

I can confirm that with a one year non-EU B permit you will definitely be allowed to work. So far I've been an employee and am now self-employed, with no problems. My husband's employer tried to get us a five year B permit this year but no go. But so far renewing has really been nothing more than a formality. Long may that continue!

Kate
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Old 27.05.2010, 08:30
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Re: Non EU Dependent Spouse work permit

My friend at work has been on an L permit for 3 years. So yeah, there's no guarantee

Edit: Long term contract too
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Old 27.05.2010, 14:51
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Re: Non EU Dependent Spouse work permit

Ah...gotta love that 'in limbo' feeling...
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Old 27.05.2010, 15:28
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Re: Non EU Dependent Spouse work permit

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Its not possible to be on L for more than 24 months, so if you are allowed to stay, will be a B.
For Non-EUs its a yearly B, not long term B, this is normal, and an easy process to renew, its just a formality, if the employer is happy and supports the renewal, there is no problem, thats what people told me at the Kreisbuero, Office of Migration, Office of Work and finally some Lawyers specialized on the matter

Cheers,

Chris
Dear Chris, and all please,
What if, there is exactly the same case, but the employer for the third year is a different employer than for the first 2 years. Is anything different?

I mean..
A non-EU guy works for 2 years with L permits for a company X, then, in the third year he will request a B permit to start a new contract, for the third year, with the company X.
You say the Kreisbuero, Office of Migration will give the permit without any problem. I heard this too.

My question is:
What if... A non-EU guy works for 2 years with L permits for a company X, then, in the third year he will request a B permit to start a new contract, for the third year, with the company Y.
Do you think there is not any problem?
Cheers,
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Old 27.05.2010, 15:33
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Re: Non EU Dependent Spouse work permit

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My friend at work has been on an L permit for 3 years. So yeah, there's no guarantee

Edit: Long term contract too
Dear Jimmy Bee, sorry, Is your friend a non-EU person?
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Old 27.05.2010, 16:32
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Re: Non EU Dependent Spouse work permit

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Dear Jimmy Bee, sorry, Is your friend a non-EU person?
Nah she's German (EU) which intrigues me even more. If I was here for 3 years and couldn't get a B permit I'd be really pissed. My L permit is up for renewal in September but I'm going to try like crazy to reapply early in order to get a B permit
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Old 27.05.2010, 22:16
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Re: Non EU Dependent Spouse work permit

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Nah she's German (EU) which intrigues me even more. If I was here for 3 years and couldn't get a B permit I'd be really pissed. My L permit is up for renewal in September but I'm going to try like crazy to reapply early in order to get a B permit
The rules for EU citizens are different as you know. If a German national has been here uninterupted for 3 years and is on a standard employment contract then there has been a mistake. This can usually be corrected by popping along with a copy of the contract and making the point.
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Old 29.05.2010, 18:46
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Re: Non EU Dependent Spouse work permit

Waiting is the hardest part - hear, hear Swisspea!
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Old 29.05.2010, 22:12
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Re: Non EU Dependent Spouse work permit

Congratulations!

On the other hand, two posts above, I had posted two continue messages (one just after the other).
Jimmy answered my last question, thanks. However, the first question became missed.

Please take a look in the question below, thanks!

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Hi Swisspea,
Its not possible to be on L for more than 24 months, so if you are allowed to stay, will be a B.
For Non-EUs its a yearly B, not long term B, this is normal, and an easy process to renew, its just a formality, if the employer is happy and supports the renewal, there is no problem, thats what people told me at the Kreisbuero, Office of Migration, Office of Work and finally some Lawyers specialized on the matter
Dear Chris, and all please,
What if, there is exactly the same case, but the employer for the third year is a different employer than for the first 2 years. Is anything different?

I mean..
A non-EU guy works for 2 years with L permits for a company X, then, in the third year he will request a B permit to start a new contract, for the third year, with the company X.
You say the Kreisbuero, Office of Migration will give the permit without any problem. I heard this too.

My question is:
What if... A non-EU guy works for 2 years with L permits for a company X, then, in the third year he will request a B permit to start a new contract, for the third year, with the company Y.
Do you think there is not any problem?
Cheers,
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Old 29.05.2010, 22:18
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Re: Non EU Dependent Spouse work permit

My feeling is that there is a problem with starting a new job/contract and needing a new permit after 2 years on the L...especially if your permit and your work contract end at the same time...

Is there a way you can stretch out your current work contract so that your employer has to renew it...then you will be more likely to get your B, which does allow transfer of employer...supposedly...

Really, it's up to the employer to make these enquiries...it's a headache, for sure, but you can't really do the legwork, and especially not if you can't speak any of the national languages - whereas your employer should have locals who speak the language and can access the information.

That said, my potential employer has spent hours working her way through the various government department websites to try to find the answer to the problem (I'm in a similar situation except I have an L dependent spouse which should become a B dependent, so either way I still have residency even if my work permission is rejected)...anyway, she hasn't found the answer yet on how to make the application when we are in 'limbo' - we've been told that we have permission to stay for another 12 months, but the permit is not yet issued so we don't know what sort of permit it will be and with which limitations...
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Old 30.05.2010, 13:57
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Re: Non EU Dependent Spouse work permit

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My question is:
What if... A non-EU guy works for 2 years with L permits for a company X, then, in the third year he will request a B permit to start a new contract, for the third year, with the company Y.
Do you think there is not any problem?
Cheers,
This is simply not possible.
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Old 31.05.2010, 18:15
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Re: Non EU Dependent Spouse work permit

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Hi Swisspea,

For Non-EUs its a yearly B, not long term B, this is normal, and an easy process to renew, its just a formality,
As a matter of interest, I hold a non-EU passport and have just got my first B-Permit. It is valid for two years.
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Old 31.05.2010, 18:26
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Re: Non EU Dependent Spouse work permit

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As a matter of interest, I hold a non-EU passport and have just got my first B-Permit. It is valid for two years.
Ooh....that'd be nice, I'd love one of those
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Old 01.06.2010, 19:07
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Re: Non EU Dependent Spouse work permit

UPDATE - Fantastic news...B permit confirmed from Immigration authorities, and we have been told it is only a matter of getting the correct paperwork filled for me to start work...

And on the same day we also got news that we have approval for another Non-EU (new one) for our new staff members !
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Old 01.06.2010, 19:53
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Re: Non EU Dependent Spouse work permit

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UPDATE - Fantastic news...B permit confirmed from Immigration authorities, and we have been told it is only a matter of getting the correct paperwork filled for me to start work...

And on the same day we also got news that we have approval for another Non-EU (new one) for our new staff members !
Nice one SP .
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