Hi all,
Basically, I had an L permit for two years (non-European). My employer requested an extension for only 3 extra months (until the end of May 2022) just to finish some additional things at work. We had some difficulties, as I am not European, but in the end I received a B permit valid until 2023. So, with this unexpected expiration date on my permit (we only requested until May 2022, as this is the end date of my contract) my boss was thinking about extending my contract for a few additional months (until September 2022). So he contacted HR but was told it was not possible because my "staying visa" is the one that ends in March 2023 and my work visa ends in May 2022 and the migration office would not granted a visa for only a few extra months.
But how is this possible? As far as I know, I can only have one permit (there is no such thing as a separate stay and work permit, right?). And the only permit I am aware of (and at least have in my possession) clearly states that my permit is valid until March 2023 and in observations states "Activité lucrative autorisée".
So, is it possible to have a work and resident permit (I live and work in Geneva) with different expiration dates?
If not, then am I right and I can get an extension of my contract (even for a few months) without going to the entire process with the migration office again and the only thing I have to do is to renew my contract with my employer?
Do we even need to contact the migration office to renew my contract as the State Secretariat for Migration (SEM) already granted my B permit until 2023 (the contract would be with the same employer, nothing would change) .
Thanks!
Short answer, no, it’s not possible to have different expiration dates for non-EU tied permits which is what yours is. Despite the date of March 2023, once your job ends the permit becomes invalid. Why it can’t be extended for a few more months though is a mystery to me.
Are you the main permit holder or is your permit linked to a partner/spouse etc?
Are they separate? Yes and no. They are pretty much tied together when you both live and work here, but you do actually have work permit and a residence permit. They are delivered by different administrations. When applying as a working, primary permit holder, work and trade authority (for Geneva, the OCE) decides whether you should be allowed to work and if a quota spot should be used on you if newly arriving or changing permit type. Then it communicates their decision to immigration (for Geneva, the OCPM), who decides whether or not you should get a residence permit. Those are linked, but still two separate decisions by two separate agencies. You can have changes in your situation that require permission from the work and trade administration without any impact on residency, or conversely change in residence status that require permission from immigration but not from work authorities. It is also possible to have one and not the other.
Of course in your case you needed permission from both, so it's only one process, but still two parts and two decisions within that process.
Wildly speculating here, but it sounds to me like the OCE accepted to grant a short-term authorisation to continue working as per the request of your employer, until May 2022. Then OCPM receives that but can't issue you a short-term (i.e. L) permit because you've already reached the 2-year limit. So they give a B permit instead, which is by default valid at least 1 year. HR says your contract can't be extended because despite what the residence permit says, the underlying work authorisation behind the residence permit is short-term and expires with the contract (although I'm not sure I understand why they can't apply for an extension of that authorisation).
Note that the fact that your permit is approved until March 2023 doesn't mean you don't need to apply for anything. You don't need to contact immigration, but your employer does need to contact the OCE. For the work authorities, an extension of your contract beyond the period where you were authorised to work is essentially the same as a new contract. That means getting permission again.
I'm curious what happens to the residency status in a case like this. If OP's authorisation to work ends but his B permit is still valid for 9 more months, could he stay living here under that permit, find a permanent job and then get a new (permanent) work authorisation from the OCE for that new job? I guess new employer would have to prove again that no Swiss/EU candidate can be hired, but surely that wouldn't count towards quotas because there's no new residence permit involved? Or those the current residence permit just expires the day the work contract ends, even though it was approved for longer?
Edit: Ah, found it. OASA. Art. 54 says that if an L or B permit has been issued for a stay with a determinate purpose, a new permit is needed if the purpose changes.
When I had a B I understood that regardless of the expiry date written on it, it would automatically be cancelled if I lost my job. I’d have a couple of months to leave, but not to work.
There are two types of Non_EU B Permit - one is 'tied' to the employer and one is not.
Yours is clearly 'tied' so your employer would need to request another extension - and demonstrate that they cannot find anyone in Switzerland or the EU to take the job - this would require re-advertising the job through out Europe for probably 2-3 months to 'prove' that it's worth extending your permit.
Sorry about that....
Thank you very much for your detailed and clear response!!! now it is clear what HR was referring to.
Best
And thank you all for your replies!! Now everything is clear.
Regarding how much time I can stay in the country if my permit does not expire (tied visa) but I do not have a contract, HR told me that I can stay until the expiration date, but as some of you have mentioned, I read somewhere that because the permit is tied to the work, the visa would be cancelled. Either way, I would not survive for 9 months in Switzerland without a salary.
Again, thank you for all the help and your clear responses!
You should be eligible for unemployment benefits while you apply for other jobs though.
But from what I read, this could play against me if I try to renew my permit for future years no?
Pretty sure unemployment benefits are considered equivalent to gainful employment, and not seen as social help. It's an insurance you've directly paid into while working.
If he has been paying the charges, he is eligible. But if his permit is locked to his employer can it be transferred to the unemployment office?