Hello Everyone,
First of all sorry, if it seems like another thread for similar topic. I looked through forum but still have questions and thus new thread.
Background:
I am a non-EU national working in Zurich in IT for over 2 years and recently got my L permit changed to tied-B with same employer (It's an intra company international transfer and not a local contract).
I have now got a new unlimited employment contract from one of the Big-4 Consulting Firms and they will be applying for new work permit (local contract).
Queries:
1. When is the right time to resign from my current employer? After first approval from Zurich cantonal labor authorities is received or only once all approvals are received? (need to resign ASAP to adhere to contract start date with new employer).
2. I need to serve notice period with my current employer. Once I resign, there is possibility that they end my deputation in Zurich and ask me to go back to home country to serve notice period. In such scenario, can I still continue to live in Zurich, assuming I have received approval for new permit from Zurich canton?
3. If new work permit approval takes time and I do not receive it by the start date mentioned in new employment contract, what are my options? Can I continue to stay in Switzerland? Can new employer revoke the contract stating that I did not join by start date? Any option to request for a flexible start date in employment contract?
4. After a new work permit application is filed by my new employer and is approved by Zurich canton labor authority, is there any possibility that I continue working with my current employer and not join the new one (just in case, current employer creates some issue with my notice period)? Does approval of new work permit cancels existing one?
5. I am already working in Switzerland as highly skilled worker in managerial position. Does it have any positive impact on Canton's decision for granting new work permit. Also does it make decision timeline faster?
Looking forward to your responses.
P.S: I still have so many questions and would be willing to take even a paid consultation service from any Immigration / Work Permit expert. Any suggestions for any such consultancy?
The Big 4 all offer global mobility services. Best to ask go to your future employer with your questions. They'll definitely be able to help you with permit questions better than anyone on this forum.
Thanks a lot both for your prompt responses. I'll check with my future employer, however, just got another query based on your responses.
If getting a new permit, cancels existing one, does this mean as soon as my new permit is approved, my employment with current employer cease to exist? In this case, can my current employer really make me serve notice period?
Sorry, but can you please clarify, this "Yes" refers to which part of the question?
Yes, the employment cease to exists and thus I don't have any obligation with current employer (say, for notice period)
Or
Yes, my current employer can make me serve notice period (meaning employment continues till end of notice period)
DO NOT resign your current job until the new work permit and contract are absolutely agreed.
IF you are unable to start the new job by the starting date due to permit delays, that is usually inconvenient for the employer but you must keep working for your old employer until it's all approved.
YES you can be required to give notice correctly with your old job and end your employment there properly - you will need to negotiate your way out once you know the new job is sorted - again the new employer must be willing to wait until the old contract is finalised... usually this isn't a big problem as once you have given notice you may simply be sent home (you are a risk to them if you still have access to confidential business information and contacts)....
If you are concerned/under pressure about the starting date with the new employer, then tell them they need to add a clause that if the starting date is delayed due to work permit or current employment contract terms, they will postpone the starting date without any penalty to you....
It costs the employer quite a lot of money to get a work permit, and assume they know what they are doing (do they usually employ Non-EU staff to this sort of role) but never be too certain. And remember your new job will also have a probation period... during which your contract can be terminated very easily.
DO NOT resign your current job until your new permit is 'in your hands'....
Being well-qualified for the job with unique skills makes it simpler for the employer to show the authorities that you fit - but they still have to prove they cannot find anyone in the EU to do that job.... normally it takes up to 3 months from the time when all the paperwork is properly submitted .... if your current job/work permit expires before this is granted, you may need to exit the country - so don't let that happen.... I literally changed jobs the day after my permits switched over... but that was with two cooperative employers.
Never resign until you have the permit approval letter. It is usually mentioned in the job letter that your joining is subject to the approval of work permit. Have you check this? The HR is aware that your permit is pending so normally they will not mind extending your joining date. Better ask these questions to the new HR who can guide you better.
As almost everyone mentioned here already, DONOT resign until you get your work permit approved.
In case you are still employed and living in ZH, when your new employer applies for an authorisation, your employer would be notified as they will have to issue a NOC for you
Thanks a lot Everyone for your responses. Much appreciated.
My new employer is aware of potential delay in joining and is fine with it. However, agreement on delayed joining is verbal and not mentioned in the contract.
However, one of the response is a cause of concern. Will my current employer be notified as soon as new employer starts Work Permit process?
If this is the case, this is almost same as resigning from my current job :-(
No answers from me sorry. Please do come back and tell us what actually happens in the end, even if it is something totally unexpected, like you take a 3rd job etc!
There is a reason why non-EU permits are tied to employers and they are issued to benefit employers to fill skill gap for short periods. At least theoretically it is so.
In case person on a tied permit jumps off the ship, employer would face issues and cannot commit to their deliverables.
Recently one of my non-eu friend was in same boat and fortunately in his case his employer who had processed his 1st visa had written to authorities to cancel his visa as he will be asked to fly back to his base location. New employer went then and applied for a permit. Authorities during initial discussions said they wouldn't need NOC in this case as employer had already in written asked to cancel and that implied they don't need this person services.
Hope that helps!
PS: Tried sharing this from experience. As always it depends on canton, employers and other factors. Good luck!!
Thanks a lot IamMG. In this situation, was your friend allowed to continue living in Switzerland while his permit by new employer was in process. My concern is, if I need to move back to base location due to any such scenario, it might kick in cooling off period of one year.
Yes, he was allowed to stay but was asked not to work. Not sure if he had to submit bank statements to prove he is financially able to stay here.
afair he was given a time line to stay (may be 6 months) and in case if his application does not arrive at a decision by then, he was asked to leave.
Again fortunately he got his approval couple of weeks before his 6th month
Just thought of updating you all. I finally decided to let go of the new offer and continue with my current employer.
I visited Zurich Immigration Authorities to check regarding NOC and possibility of me changing the job. That was a mistake. The person in immigration office got aggressive, almost on the verge of being abusive, that how can I talk about changing my employer when they just got my L permit changed to B.
While, this initially got me a little worried, however, my decision is not based on just work permit challenges but other personal reasons also.
I spoke with my prospective new employer also and was told that they process such non-EU applications regularly and existing employer cannot have any say in my new work permit application. Tied-B only means that till the time I get a new permit approved, I cannot change my employer based on existing tied-B permit. Existing employer will neither be informed about this new permit application nor they will have any influence in this.
So, this post is not to discourage anyone from trying to find a new employer but in fact to update that based on my understanding changing a job on tied-B is not a big issue, if you are experienced, skilled and can get an employer who is ready to file a new work permit application for you. My reasons for not changing currently are more personal but I might try changing job is few months from now. Thanks