If it didn't then all restricted permit holders would be doing it, wouldn't they?
1402 only refers to the yearly renewable B permit several types of which have restrictions imposed.
Because you have a short term project based permit with a maximum of 24 months validity i.e. renewable once. You cannot automatically change employer with this type of permit. It's still possible to change employer but your new employer will need to sponser you and your current employer would need to support you with a good reference letter for the authorities.
It is also possible that a mistake has been made - check you employment contract - is it limited in time? If not then you might have been issued the wrong type of permit .
All B non-EU B permits come out of the same quota bag. As the op is already here on a B permit then the quota is not in play.
Changing from restricted to non-restricted is dependant on the employment contract and the whim of the authorities. Most restricted permits are limited in time and usually after 3 years would either lead to a request to leave the country or change to unrestricted. Check the employment contract. If it is also limited in time then there's the answer.
Sound like collusion with the authorities but not really. This is achieved quite easily through the wording of the employemnt contract.
Having gone through it myself, I can post the following --
Have your employer apply to the Arbeit & Wirtschaft Amt for a conversion. This costs something like 200 CHF. Nationality may not be relevant since you already have a time-limited B. But the preconditions are that you are still with the same employer, and you have a permanent, not time-limited work contract.
The outcome of the application is conveyed to you and also to the Migrationsamt, who is responsible for granting the actual permits.
Once you get a Ok from this Arbeit Amt go and see the Migrationsamt with your old permit.
I have an open ended contract and not a limited work contract. So, what should I do now?
How his employer will ask for conversion . He knows if the employee gets open B then employee has a chance to change job. So normally nö employer will apply for conversion. Its employee Problem
Yes My Husband has Open ended unlimited work contract Not Time Limited contract.
so I called the Zurich Migrationsamt (043 259 88 00) and the lady said that I cannot change employer since the permit is limited to 24 months. I asked her why the permit is limited to 24 months when my contract is open-ended and she said that I would need to phone the permit office (not sure what the official name of the office is) at 043 259 49 49. The lady there then took a look at my permit and said that there is NO restriction mentioned about me not being able to change employer. However, she said that she cannot give me a definite answer over the phone as the official decision will have to be made from the Migration Office in Bern and that only the new employer can submit such a request.
This seems rather different from anyone else's experience. I am still clueless - two different answers. Anyone has the contact info for the Migration Office in Bern? Thanks!
I think what the 2nd lady said is closer to correct. Only your potential NEW employer can submit a request for your employment... the new Employer would have to go through the process as if you were coming from outside the country ... ie prove that your qualifications are so specialized, no Swiss or local person available to fill the job etc.
Then it up to Bern to see if it agrees with the new employer that you are eligible for the B-permit.
B-permits are only issued for a certain fixed period, even if your contract is unlimited. For EU persons, this usually means a 5-year B, and if they change employers again the New Employer has to re-apply for the B-permit for the employee. For non-EU persons, it is either 1- or 2-year fixed period (not sure how they decide this, as mostly I've seen 1-year Bs). The renewal is usually straightforward and requires paperwork and money.
If it's "befristet" aka time-limited then that's a very reliable indication as to the type permit...
which is?
"befristet" is a contract with a definite begin and a definite end.
Your contract is open-ended.
ip2012
Were you always on a open ended contract? if so, why didnt you get an "open" B from the beginning?
Cheers.
Not the case for someone already in Switzerland and with the option to change employer.
Incorrect.
Incorrect. Employers have nothing to do with EU citizens residence permit.
Not quite - unrestricted B permits are renewable each year but have no fixed term.
You would not be asking the employer to heklp based on changing employer but to help on removing the 2 year limitation which is in the employers interest. Of course, removing the limitation also enables the job change .
New employer's Legal department confirmed that my permit is open to any employer, but I am still skeptical based on what I was told earlier today.
Does anyone know what would happen should the new employer filed the paper works and did NOT go through? Assuming I have not turned in my notice at my current employer, will I still be able to continue working for my current employer after the application from the new employer failed?
Thanks!
If the real question is can you get away with your current employer not knowing about it - no, the authorities will contact them as part of the process.
I am assuming that you are staying in the Canton of Zürich.
If the answer is yes, then I see no problem whatsoever of changing
jobs. With a Non-EU changing Cantons, you would have to go through
the quota process for Non-EU work permits.
Not since 2008 - B permits have full mobility.