Non-EU B Permit - Changing Jobs

Hello Everyone,

I've been on a Non-EU B Permit for the past 3 years in Zurich and would like to know what my options are for changing jobs?

I've read through other forums and noticed that there are two types of permits, restricted and unrestricted. Can anyone confirm this and the difference between them?

I believe my permit is unrestricted, but i'm not actually sure how I can confirm it. But I do know every year, i send a form to HR that they just sign and stamp and then I give it to the kreisburo and I receive my new permit in a few weeks.

Also, in the case it is unrestricted, when I change jobs I should be able to give notice and start the new job without a problem? Meaning the only thing I need to do is have the new company sign and stamp the new form the next time I renew it?

Thanks for the help!

There are plenty of threads here about the non-EU B permit, but the difference is one is “tied” to your employer and the other isn’t. A tied one means it’s very difficult to change jobs, while the other has no restrictions. As for which you have, if you have the credit card type permit then what type it is will be in the letter you received with it. If you don’t have the letter then check with your cantonal migration office.

Thanks!

If I have an unrestricted one, is there anything special to do when changing jobs? Do I just wait for the time to renew my permit and have my new employer to fill the paper and stamp it?

Do I need to let the Migration Office know in advance that i'm changing jobs?

I don’t think. It’s effectively like an EU national’s permit at that point so just letting your commune/gemeinde office know your new employer’s details should be enough - take the contract along and show them before you start your new job.

Hi Again,

I recently filled out the "Anfrage: Stellenwechsel möglich?" form to check what I am able to do with my permit and recieved the attached response. I can't make out the handwriting to understand. Can someone help and explain what it means?

Thanks!

Do you live and work in two different cantons? It's hard to read but it looks like they're telling you to ask the canton where you work.

Actually my work contract is in Geneva but I live in Zurich as well as have my permit in Zurich, this is why I sent this request to Zurich. This is really a bit confusing since I thought the permit is only associated in the canton where I live.

"Ausserkantonales Bewilligungsverfahren. Bitte stellen Sie Ihre Anfrage bei dem zuständigen Behörde im jetztigen Arbeitskanton."

Permit process outside of this canton. Please make your inquire with the responsible authority in your current work canton.

I'm not an expert but normally you can't live and work in different cantons as a non-EU. So I believe Geneva had to give approval for you to live in Zurich since they (Geneva) don't get your taxes. Or something like that. Maybe Geneva would also have to approve you changing jobs?

I was just taking a stab at the wording in the image...sorry I am not a permit guru!

Someone more knowledgeable will be along soon, perhaps with the wording you should look for on the back of your permit. If it's tied, I think there's some language on the permit.

Thanks for this!

Ok, so if I understand this correctly, I'll need to check with the Geneva canton about my work permit to see if I can change employers and if my permit is unrestricted? If I can change employers, I'm wondering if this going to cause a problem changing to an employer here in Zurich?

I didn't even think that something like this was possible, how could Geneva have authority over my permit when I live in Zurich and pay all taxes here, really strange.

Another twist to this is that the headquarters of my company is in Bern. I wonder if the working canton that they mention means the canton where my work contract is issued or where the company is located.

Non-EU B permit holders can normally change jobs and cantons with permission. See the document called "VISA, RESIDENCE PERMITS AND WORK PERMITS" at this link:

"Residence permit B: generally valid for one year. Option to change jobs and cantons with permission,..."

http://www.s-ge.com/global/invest/en...-for-investors

Also see sections 3.1 and 3.3 at this Canton Zurich Migration Office document:

http://www.ma.zh.ch/internet/sicherh...onswechsel.pdf

My guess is that the work canton is Geneva, but possibly you should contact/ go to the Zurich Migration Office to clarify.

This is exactly what I did and they told me to send in the form to have it checked. So I sent the form to the AWA in Zurich to check to see if I can change employers and what you translated above for me was their answer.

It looks like the best bet would be maybe to start in Bern. I called the federal migration office sometime last year and they mentioned that my permit was open, but I'm not sure if the information is valid or if I was talking to the right person this is why I sent this form to have a proper validation.

Thanks for your help!

Well, of the FOM doesn’t know neither will the canton!

Frankly, it seems as though your permit is an open one because you’d remember if you’d had to go through the process of requesting permission to live in Zurich while your workplace is Geneva. But check with the Geneva office just to be sure. No point in checking with Bern because the permit is based on where your workplace is located which is Geneva, not where the company’s headquarters may be if they’re different locations.

Ok, so I just got off the phone with the Service de la main-d'oeuvre étrangère in Geneva, and the guy told me that my permit has no restrictions and that I would be able to change employers without a problem even if it is an employer in Zurich.

This is definitely good news, but i'm still wary about the fact about if there will ever be a problem if I change employers to Zurich then Zurich would have to issue a permit since apparently Geneva issued my permit and not Zurich. Do you see any risk here?

I also asked for a letter to confirm this but he said that my employer should have gave me one or I should have already received it, i need to go through a lot of my old papers I suppose.

There will be no problem. It’s simply the fact of your job location. Once your employer changes to a Zurich location then Zurich becomes responsible for your permit. An “open” B permit means just that - you can live and work anywhere in Switzerland.

Progress has been made and I have accepted the offer with the new employer. I just sent a copy of my permit to the new employer (the biometric permit B credit card thing). However, they say this is only my residence permit and would need my work permit.

I've never had any other type of permit since i've been living and working here.

My question is, is there a difference between a work permit and residence permit? I was under the impression that they are one in the same.

Any comments or experience?

Thanks for the support!

Nope that should be it. Does it have anywhere on it “lucrative activité”? If so, that means you can work. Not sure how the credit card type does it - mine’s a paper one and it’s printed on the back.

Thats what I thought, but on my card permit it only shows the following: (in German)

Front:

Aufenthaltsbewilligung

Mit Erwerbstätigkeit

Back:

Erwerbstätigkeit ist bewilligungspflichtig

What do you think?

Thanks!