Thank you for all the information available on the forums, useful tips and answers, I learned a lot about the processes and rules in Switzerland here.
I saw in many threads that exact timelines are not committed by local authorities. for the whole process of getting a work permit, this may take longer in this Covid era than the usual 6 to 8 weeks expected some people (also from my employer) share.
I just want to get some insight about which part is most critical in the approval process, my application is handled by my employer though a big legal firm (I am a third country citizen), we already went though the justification around the rules of precedence for Swiss and EU/EFTA citizens.
My application was sent on mid July, then AWA requested some extra documentation after two weeks which my employer sent, the legal firm informed me that AWA approved this a week ago and my application went to SEM, they mentioned that the remaining process including me getting the Visa from local embassy will need from two to three weeks.
My start date was on 1st of September, but this is no longer possible, I want to properly target a reasonable date with my relocation supplier.
My question is, if AWA/Canton (Zurich) approved the application, is SEM expected to do the same ? basically what is the likelihood of SEM to deny the permit issuance?
This is a long term employment contract, with international US company, a management position, aligned with similar Swiss employees salaries in the company.
thank you for your input, From the link you shared (have seen that before)
> reviews applications according to admission criteria that apply to the whole of Switzerland
Is there somewhere where this admission criteria is document, for instance what would be different from the Foreign Nationals and Integration Act criteria the canton authorities are using for the screening on their level.
Would it be safe to say that the hardest step is the canton agreeing to use a quota unit for this application, or that is very common for AWA to approve most applications then they get rejected on SEM level?
No it's not common at all but it depends. Usually SEM just double checks that the cantonal approval didn't overlook any applicable regulations and guidelines. Things may get more complicated if e.g. the canton already ran out of its non-EU permit quota and has to request a quota unit from the federal reserve. Then it's SEM that have to grant it and probably there's more scrutiny in this case.
Usually the SEM approval takes about 2-3 weeks plus a couple of working days for the paper mail to make it between the canton and Bern and back. I'd recommend targeting mid-October for your new start date, early October might work but too risky IMO.
Thanks, what you have written aligns with what the legal firm is saying, and what I have understood from reading multiple threads on the forum, then I stumbled on this thread where someone commented that AWA approves more or less everything( https://www.englishforum.ch/2749685-post8.html ), and got bit worried about the whole process, I actually have rejected some good offers in other EU with referral from friends in favor to stay with my current employer in Zurich (I visited the place, I have friends there and like the place), the whole process took months due to me being a non EU/EFTA citizen.
I am still currently targeting 1st October, as AWA approved a couple of weeks ago, but I am okay with moving this later, it is just the fact that the end of the tunnel is not visible yet, and I have to make some decision before moving.
Then there is the whole question of whether you're allowed to work after your permit is approved but before it is actually issued (which can take up to several weeks after you've arrived in Switzerland), to which nobody seems to really know the answer. Even the immigration authorities are ambiguous with their answers to that.
No, that's actually a non-issue for non-EU people since they have to have their employment preapproved.
In Zurich AWA sends a letter called 'Stellenantritt' to the employer where they state among other things the date the person is authorized to start working. It's usually the agreed start date with the employer and you can get a D visa to more a couple of days before.
It does't matter when the actual permit card gets issued, as long as you apply for it within two weeks of moving etc. For example, I got my D visa authorizing entry starting from November 29, my official start date as stated in the Stellenantritt was December 3, the permit card got printed just in time for Christmas.
No that's definitely not true. If it were true big multinationals wouldn't have entire lawyer teams negotiating with AWA and other cantonal labor offices for non-EU permits and I wouldn't have a number of friends who got denied by AWA on the first try despite being offered decent (150-200k) salaries at a high tech startup.
NichtsBesonders thank you for the details, i confirmed that I can start even without the actually permit because as you mentioned the work contract was preapproved by AWA, so all I need is register when i get there.
Now the good news, is that today I received confirmation from the legal firm that all approval steps completed, I will need to coordinate with local embassy to get my entry visa.
So the process for me took a little bit less than two months to get the approval from all authorities.
That makes sense! Good to know. When my wife arrived here we asked at the moment of registering and also to the migration office whether she was allowed to start her job or had to wait for the permit and their answer was along the lines of "in principle no, she has to have a valid residence permit issued before she starts working, but it also depends on what the start date on her contract is, as 'le contrat de travail fait foi' ", which made no sense at all... Either she had to wait or she had to follow the contract start date, it can't be both!
In the approval documents the legal firm shared with me, they stated the start date on my contract in them, as in "Approved to start on X date", not sure if that clarify things, but from what my company does every new joiner picks the work at start date in contract and does not wait for the actually hard work permit.
Ask your employer when they want you to start. It’s their responsibility to ensure you have the correct documentation, not yours.
In 1985 the Geneva Control des habitant asked me to delay getting processed for 2 1/2 months as they were busy with the seasonal workers. In the end paperwork was backdated and everything appears I was processed in late February, when it was mid-May.
On similar lines as the topic: I (Non-EU) have a B permit tied to my employer expiring 06/22. I found a new opportunity and the new company is willing to apply for my permit from a different Canton. What are the chances my permit will be approved?, How long can it take?
What if my permit isnt approved, can I still hold-on to my current job and continue to work with my current employer?
The permit is applied(just the processing part, not the job offered by) by one of the Big-four consulting firm, does that make a difference?
Currently in the exact same situation and it is very frustrating not to know when you have to move. Got cantonal approval from Zug (as per consultancy firm - haven't seen anything yet) and waiting for the federal one in Bern. They said it generally takes 2 weeks but you never know ... so that "you never know" thing is actually very stressful ! Hope things are moving quite good for you. Cheers
I hope things turned out well for you. I'm now also in the same situation and am also doing this with Zug canton. May I ask how long did you eventually wait for Bern to reply after you received the approval from Zug? Thank you.