Non-EU Permit B without free movement

You don’t need to pay health insurance when you don’t live in CH. Just inform your insurance provider and ask them for procedure

Also, My employer never informed about closed Work permit B.

They told permit B has been applied. If they have informed this before I would have rejected to come Switzerland and Inwill be on safe side.

Is it mandatory for employer to explain?

I believe that your employer did what they were supposed to do. They were responsible for filing paperwork for you to get you a work permit so that you can work for them specifically. This is exactly what happened. You were able to work for them.

I don’t think employer is legally bound to file paperwork in a way that you can work for any other company. There is no incentive for them to do so. I don’t even know if employers have a choice in this aspect. Most likely this is decision of immigration office on what sort of work permit should be granted.

Now if your employer was supposed to specifically tell you the legal limitations of your work permit. This is something I cannot say. For a legal opinion, perhaps best to talk to a lawyer.

Personally, I don’t really think this is a legal topic about wrongdoing from employer side.

The main topic to figure out should be how long can you extend your stay in CH so that you can find a new job. And this information perhaps an immigration lawyer can advise on.

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I have been in your situation, but with a longer period of time of find another job. And with that job and permit B, I could and I did switch job. So it doesn’t have to be “closed permit B” (not sure what the right term is.).

  • Try to get the information from authorities of how long you can stay.
  • and try your best to find another job. In my view, very small startups (10 employee-ish) are usually desperate in hiring.

you were in a fundamentally different situation @Jaime. You had an “ordinary” B-Permit that allows for a change in Employer. The OT however has a B-Permit that was linked to his employer, and has expired given he left his employer. Completely different situation that you can not compare. You were not on a “closed B” permit.

Small startups will not have the political power to get a quotaed B permit for Non EU/EFTA workers. They stand virtually zero chance to ever get such a permit approved by the authorities. Nearly all of the quota goes to large Tech, Banking/Pharma and IT Services Players.

Please don’t make the OT waist more time. Its time to asap review the situation with an external advisor (e.g. the villages’ administration) and then to aknowledge and accept the situation that he will needs to make plans for a time post Switzerland. There is limitted time to make plans, terminate the flat and so forth.

No, that’s not true for my case. I had a B-permit that is limited to my employer. I know that for a fact.
And then I got fired.
And then I found a new job.
And then I switched to another job.
All with B-permit and I’m non-EU.

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FWIW a lot of large tech are no longer using quota (due to ongoing layoffs) and in some cantons they used to use a large fraction of the quota.

To elaborate a bit more, from my personal experience and my close friends whose company are in the startup phase, I know that it is extremely hard for startups in Zurich to find a suitable candidate. Partially because they cannot pay competitive salary and partially because nobody knows the company. What usually happens is that the job post is out there for months and only random unqualified candidates from outside Switzerland would apply. Or qualified local candidates reject the offer in the end.

The Amt für Arbeit knows this situation as well. Consequentially, when they do get a local candidate filling the job vacancy (In my case, holding a B permit but tied to previous company), the quota usually isn’t a problem. It’s just some paperwork and the approval gets through very quick. The effort to get the quota is much less than actually finding a suitable candidate.

This is just what I know. I can be wrong and please correct me if I am wrong.

Btw, I have read it somewhere that the quota for 2023 is not used up? I am not sure if it is at the federal level or at cantonal level or what the quota really means. I am nothing other than my own experience and random talk with friends.

  1. You don’t need to leave the country until the end of validity of your permit, unless the immigration office revokes it before.
  2. You can stay and look for a new job. However, your situation you described is no enough clear to answer your question. You said you are in Switzerland since 3 years. Normally the short stay permit cannot be extented more than 2 years, so I assume you have a residence permit. If it’s right, you don’t need any authorization to begin a new job.
  3. In your case, with a B permit, you don’t have any right to see the validity of your permit extended. Legally speaking, it’s very hard to obtain a extension in court if the immigration office rejected it. However, finding a new job should be able to grant a extension from the immigration office.
  4. With a B permit, if you are out of the country more than 3 months, your permit is automatically canceled. So you should’nt go out of the coutry for that amount of time.

Thanks sharing your thoughts.

I have extended twice and now my resident permit valid until next year 2025.

Since, unemployment benefit got rejected.Now the only question is Do I need leave the country? Or stay and look for permit until my resident permit is valid or atleast 3 months can I stay and look for job?

I don’t see any official announcement or information from government website about it

Hi All,

Quick update, I have found a job and starting next 2 weeks.
However, My employer just submitted K form and some other documents with lawyer and said the decision takes 8 weeks. But I can start working.

Does anyone know? is that possible to start work?

As an employee Do I need to be careful?

Thanks

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Not an answer to your latest question but if I were you I would try to go with a lawyer who will probably be able to answer your questions and give you appropriate advice.

I went to see a lawyer from here and they were very competent and the cost is minimal, 50 chf

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Wow congrats.

If the company says you can work, then you can work. I would just trust the company. And of course ask as many questions as you want to the company, to the amt. I feel lawyer isn’t too relevant because it is mostly interaction between the company and the amt.

(What’s the English translation of amt? )

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Hi,

I have received my new permit B approval from Geneva canton But Again I have received my permit B with “ CHANGEMENT D’EMPLOI
SOUMIS À AUTORISATION” “ CHANGE OF EMPLOYMENT REQUIRED AUTHORIZATION”

Did my employer applied same permit B with restriction? Or Geneva Canton or a canton will decide ?

My employer told They did not find the option for apply on K form?

Can anyone clarify this?

Does any one know How to change permit B to no restrictions permit B with free movement ?

Thanks

@Jaime @nuxarion @nabalzbhf @TeaGhost

Can any reply for above post?

Wow. Great news. Congrats.

Did my employer applied same permit B with restriction? Or Geneva Canton or a canton will decide ?

I have no idea. I think you can ask OCE about your personal cases. My personal experience with Amt für Arbeit at Kanton Zurich is quite good. They are responsive and provide answers to my personal cases. And in my case, I got a B permit with no changing job restrictions after finding a job.

It is the canton of Geneva that has imposed this condition on your permit.

Since you have a non-EU/EFTA B permit and I assume you have authorization for gainful employment, your permit is contingent on meeting the conditions for admission for gainful employment. In particular, you must be a qualified worker employed in a field where there is a shortage of Swiss and EU/EFTA workers. If you change jobs, the immigration authorities must verify that this condition is still met in your new employment. There is nothing you can do about this. Only obtaining a C permit allows you free access to the labor market. As a non-EU/EFTA national, you can apply for one after 10 years of residence in Switzerland.

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I think you don’t need to check your B permit card but check your work permit document. This in German is called Stellenantritt . Not sure what is it called in French.

In that document - it’s clearly written what is the work authorisation for & if it is linked to an employer or not.

This document - you can ask from your employer for a copy