Good day. For context, I am on a permanent contract but was given an l permit. However, I have been adviced by a co-worker (who has tried this) to go back to the canton and apply for a B permit on my own. Has anyone tried this and can this possibly change the permit? I am non-EU and reside in Basel-stadt. Thank you
Basel Stadt has previously told me that they do not give L permits for permanent contracts like certain cantons do, so that surprises me a little bit. Immigration does make mistakes. I wouldn't apply for a new permit, but I would definitely call them and ask if you can know the reason why you got an L and not a B, since you have a permanent contract.
If your employer is a temp agency that gave you a permanent contract than there is quite a possibility to get a L permit. However I would also suggest to get in touch with your commune and ask for the reason of L permit since it's a permanent contract.
It doesn’t matter what kind of contract an employer gives out, citizens of third countries are here because the employer could not find anyone in the labour market and was granted a permit to take someone from outside. If the situation changes the permit may be called - hence an L permit.
No. A Swiss person can't just call an L permit holder's employer or immigration and say "hey, I'm swiss, I'm qualified and I want this person's job" and have the employer be forced to send home the employee. That's simply not how it works. Once the employer has done their diligence showing they looked within the Swiss and European market first, they're off the hook.
The federal immigration law is very clear that L permits are for limited term contracts. Some cantons choose to use them outside of the scope of the law and give them even to people with permanent contracts, presumably as a way to preserve the more precious B permit quota slots (some do it informally, some have it as part of the official procedures, like here in Valais where the cantonal rules explicitly say that 24 months with an L permit are a prerequisite for B permit). There are federal court rulings saying that this practice is against the law, but it's still done.
The prudent thing is to contact the cantons migration office and ask directly: Why a permit L instead permit B was issued, if this is a mistake, if not what is the legal basis, and finally if, how, and when it can be changed into a permit B.
For Non-EU in Zurich it's very common to get two years on an L permit first, and the job then has to be re-advertised before you can get the transition to the B permit - and even then, you are tied to the employer for up to 5 years (can't change jobs without Cantonal permission).
What is your *reason* for wanting a B permit ? There are a few barriers that a Non-EU L vs B permit have, but most can be overcome....
And no, i have not heard of anyone being able to change their L to B permit as a Non-EU, by simply asking....
Thank you for your message. I am here with my spouse who is highly qualified but finding it extremely difficult to get a job as most employers are not willing to go through the stress of applying for a work authorization. Also, it is quite difficult for the whole family (soon to be 3) to manage on one salary for the rest of the potential 2 years of an L permit. That is why we really need the B permit and 2 incomes soon.
Your family reunification was granted on the basis that you could support your family financially. Reading between the lines from this and your other thread, you are going to be going on the maternity leave soon, and as you are the sole income provider you now have a problem.