Deregistering when a job change permit request is in progress

Hello

My current situation is that my permit expires soon and my old employer wants me to move out of Switzerland, deregister and continue working from my home country for a month or so. I would need to share the Deregistration Confirmation before the travel date.

But the new employer who has applied for my permit asked me not to deregister under any circumstances (which is correct for my specific situation). But I can’t inform the old employer about the new job yet. So in this situation what are my options?

Are there any prerequisites about moving to abroad deregistration which can be used as a valid reason for not to de-register? Does kreisburo help in these kind of situations?

Thank you

Also, what are the implications if I deregister?

Don't deregister otherwise clock reset for c-permit/passport afaik!

Why does your current employer want you to deregister? I assume wanting you to travel doesn’t mean you’re going to be away for months and months, just a few days or weeks now and then.

And definitely don’t deregister under any circumstances.

Why would that be any of their business?

What permit do you have? If B, is it tied to your employer? But even if, it's none of their business whether you actually de-register.

I have a B-Tied Permit. Deregistration requirement is part of the process my employer has upon traveling out of Switzerland. My contract with my current employer ends in January. So actually I will be leaving only Temporarily but can't inform my old employer this as I am afraid they might create problems.

I know I shouldn't deregister, but I am exploring what would be a good reason to tell them that I am not willing to do so? Can Kreisburo help if I explain them this situation?

That sounds like some kind of con where they wouldn’t be paying certain insurances, etc, because you deregistered even though you’d still be working for them. Also sounds a bit illegal to me since far as I know you still need to have a permit to work for them even if you’re travelling a lot.

What’s your nationality? Even if your permit expires you may be able to stay as a tourist for up to three months if you don’t require a tourist visa to visit Switzerland.

I think I was not clear in my post. Sorry for that. " My current employer wants me to permanently move out of Switzerland , and that's why asking me to de-register. While I will be working with them only for a month or so after leaving Switzerland.

I am a NON EU (sorry can't post exact nationality) and I am here on deputation. So after leaving Switzerland my contract will switch back to my host country contract which will be valid only till January as I have resigned so it will not be illegal to work.

Also, please read "travel out of Switzerland" as "permanently move out of Switzerland for my current employer". Apologies, I was not clear while posting that initially.

If your employer is not renewing your contract, why can't you just say, "no I have a new job?"

No, they are not renewing my contract for Switzerland.Telling them is the last option but I am afraid they might create problems if I tell them.

Okay, it’s clearer now.

DO NOT deregister. If you do that the potential new employer is going to have to apply for a new permit for you and have to show they can’t find a Swiss/EU national who could do the job. Even if you don’t deregister it’s going to be difficult for them to justify hiring you since you’re on a tied B and not an open one.

Thanks Medea, Do you think/know if by any chance Kreisburo or authorities can help in this situation by issuing a document which i can show to my current employer?

No. If your current employer wants to see a deregistration document then there’s nothing else that would work I guess.

To be honest you shouldn’t have resigned your current position until you were sure you had a new one here, but if the company was planning to move you back home then that wouldn’t have helped you. You are now in limbo because you’ve no guarantee that the new employer will be able to get a new permit for you; if they can’t then you’ll have to leave the country anyway.

Yes, this was the case so I was pissed off and decided to move on. Post which, I found the new employer.

You should talk to the new one, it's they who will have to do the work and get you a new permit. Are they aware that your current permit is tied to the old job?

Yes, the new employer is aware of the whole situation. That’s why they asked me not to de-register. They have initiated WP formalities from their end to hire me.Now we have to wait.

In my job contract, there was a line that this contract would terminate automatically if my permit is not valid anymore. Probably you have the same, and they want to achieve this by asking you to deregister and dodge some payments, e.g. notice period salary.

Just tell the current employer that you want to continue living in Switzerland and hence will not deregister. You may also tell them that you will search for a new job. Until the permit expires, you have nothing to worry about.

But isn ́t it also the case that if the contract ends the permit automatically expires?

Afaik, this is not the case; one could even theoretically register with RAV. The permit can also be renewed while on RAV, if one had an open b-permit before.