On D type visa, need to extend employment

Visas, Permits, Passports and Naturalization
1
Hello all!

This is my first post in the forum and I already did some search but could not find a similar case as mine. So, I posted a new topic

I am here in Switzerland for an internship on a D type visa which was issued between 1st of July until 8th of September. I recently talked to my supervisor and she agreed to have me in the lab for an extra six months as an employee.

Obviously, I need a visa for this duration so as the first step, I contacted the human resources person in my university, she said there is no way to extend my visa and I have to leave Switzerland when it expires. She also said something about 90 days maximum which makes me doubt if she is familiar enough with the laws after-all.

Isn't a D type visa a long-stay one? If so, it'd make sense if I can extend it. My current status is an employee and my future one will be the same. So, I don't know why she told me I cannot do it in Switzerland

Please let me know what you think!

Thanks all!

2

A visa of any type only grants you entry into Switzerland. To work here you need a permit which should have been organised by the university on your behalf as it has to be approved by the Swiss authorities. If you don’t have this, then you’ve been working here illegally.

If you have a permit then the uni will have to apply to the Swiss authorities to have it extended on your behalf.

3
Have you been working on a visa only?

The D visa is effectively an entry visa. It is not a work permit. Did the employer ever arrange for an actual permit (L in your case)?

The 90 days refer to a tourist visa and working on a tourist visa is illegal...

Also, are you an EU or a non-EU citizen?

Edit - Medea had pretty much the same thought/reaction

4
I'm actually not sure why I did not receive a work permit. They said it is not necessary since the duration of work is less than 2 months and it's a scholarship sort of thing.

Could this explain something? Could I apply for a new work permit with a job offer in Office of Immigration in Lausanne or do I have to leave Switzerland?

Thank you guys for the input! I appreciate it.

5
Of which country are you a citizen?

Tom

6

Maybe not! My D type visa says "employed" but no one told me to ask for a work permit (all others in my program did not ask either; I suppose it was not necessary or we all are doing something illegal? )

I'm a non-EU citizen

I'm Iranian!

7

Well, I suppose that could be it and the reason why it can’t be extended. But I’ve never heard of not having a permit, no matter how short your working period is. Which university are we talking about here?

No, you can’t apply for a permit yourself, it has to be done by the university as your employer. They would have to prove they can’t find a Swiss, EU national or someone else with a valid permit who could do the job which is a time consuming and expensive process. Non-EU’s come last in the jobs queue here.

8
I'm at EPFL.

I guess there's not much hope for me but the whole situation is kinda strange! If my supervisor knows me and wants to hire me and not someone else, I don't get why the process is so complicated

9
Nor I.

When I came here for three months in '82 as an intern, I had a B (non EU, but it didn't make a difference back then).

It was valid for three months, and could NOT be extended (my employer tried).

Tom

10

For the reason stated above. Swiss/EU nationals get priority, simple as that. It doesn’t matter that you’ve been doing the job. The fact that you don’t have a permit to work means they have to go through the non-EU hiring process given on this link:

https://www.bfm.admin.ch/content/bfm…zulassung.html

As I said, it costs time and money so unless they know they have a very good chance of success they won’t do it. Unless you’re highly qualified/specialised then the chance of success is low which is probably why HR said they couldn’t extend your time here because they know they can’t get a permit for you. It may also be part of the conditions of granting you a visa which allows you to be employed without a permit - once your time is up that’s it.

11
Is the lab continuing to hire you as an intern? In that case it does not have to prove that it could not find a EU person, but you might have to show that this internship is necessary to complete your studies, and you have the permission of your institution to do this internship.

If required to leave Switzerland to collect the permit, it does not mean having to go back to Iran. If the permit is approved before the current one runs out, you can ask about collecting it in a Swiss consulate in a neighbouring country.

12
You're right it could be either! I have an idea that I'll post as a response to the next post.

13

I am working in the lab as an intern.

I was exactly thinking of the same thing. Can I somehow extend my intern status without having to go through all this work permit process?

If I want to figure this out, should I go to the office of population in Lausanne? I really think that HR agent is not so helpful. The was she talke was really frightening

14

It’s not a question of not being helpful. The HR at EPFL would deal with this sort of stuff all the time. If she’s told you it’s not possible, then it’s not. If you want to waste your time talking to the migration office go ahead, but expect to get the same answer.

For one thing to extend it, they’d need the university’s approval and that would include not only your supervisor, but the same HR department that’s telling you it’s not possible. If you’re on a scholarship, that would need extending which HR would have to approve as well. And that’s assuming they go with you being an intern and not becoming an employee which would require the permit.

If you still have them you need to look at the details of this scholarship and the conditions under which the visa was granted; that’ll tell you if there’s any possibility of extending it. I very much doubt there will be, but it’s always worth checking just to be sure, even if it confirms that it can’t be extended.

15
With short-term employments (less than 3 months), it is possible to only "register" the employment with the authorities. This is called a "Meldeverfahren" and no physical permit is issued.

However, as far as I know, this only applies to EU citizens, with a small number of exceptions for non-EU citizens, specifically if the company sending you here is based in the EU. Assuming you are studying in Iran, that is clearly not the case. That being said, it may be that also for non-EU citizens on short-term employment, no actual permit is issued.

Despite the above, for EVERY non-EU citizen, the employer needs to go through the usual process of e.g. providing proof that no Swiss/EU/EFTA citizen could do this job, submitting a justification as to why you're the ideal candidate and whatnot.

I used to hire many non-EU citizens on short-term employments including a variety of internships and many of them didn't receive an actual permit. But the process was still the same as with every permanent non-EU hire - no exceptions.

Obviously, we don't know if they did all this after all, but it doesn't sound like it... And if they didn't, it'd be wise to back out anyway as you were then working here illegally - and that could get you into massive trouble, even though it was clearly not your fault.

There is zero way around the steps outlines above in case your employment shall be extended. Moreover, as Medea says, if the university doesn't agree to extending your employment, for whatever reason, you can't extend it yourself anyway, i.e. for non-EU citizens, it is the company who needs to apply for a permit/extension, based on an employment contract - if they don't want to do it, there's nothing you can do yourself.

Sorry to say that, but I see absolutely no chance for extension here.

That's only partly correct. Yes they need to have a letter confirming the internship is a compulsory part of the studies, but even with this, the employer has to prove they didn't find a Swiss/EU/EFTA citizen to do the job. Granted, in most of these cases, the migration office isn't overly fussy and a brief justification rather than an extensive list of applicants will usually suffice.

16
Thank you for your elaborate response!

I'm sure I am not working here illegally as the HR did all the process of obtaining visa for me! I was just given an authorization letter to go and pick up my visa.

Maybe I am misunderstood but I am not planning on extending the permit myself at all My supervisor has agreed to write an employment or internship extension contract so that I can stay more.

The main issue that I have is that the HR is not clear on my status. I have an authorization that says I can stay for two months and I am an employee. Today, I asked the receptionist at the office and he said your'e just a visitor so something just doesn't make sense. He said you don't need a permit and we won't give you a permit.

Interestingly, when I took my passport to Swiss embassy to get my visa, the lady behind the counter said that I should go to the "Immigration" office in Lausanne to get a permit! I asked the same lady in the HR department if I need one and she never answered my e-mail!!!

So, things are kinda confusing! I might go for more information in the Lausanne office. Again, I want to mention that I know that I cannot extend it alone and I need all the permission. I'm just thinking that maybe the lady at the HR office is not aware of all the things in the visa office (although she should be because she's the one in charge of all this )

17
Another interesting point! Today, the man behind the counter said that they cannot even start the process for a new work permit before I exit from Switzerland. Also, he said that the process takes 3 to 4 months!!!

He suggested that I go back to Canada (where I live) and ask my supervisor for a contact starting January (allowing 3 months for the visa processing) !!!

This just doesn't make sense to me Is it normal?

18

I’d check with the migration office in Lausanne then and see if there was a permit issued in your name. Even if it’s no longer valid (I’m not sure if there’s a time limit for picking them up) it will tell you whether you’re going to need a new one or not. You may find you can get it and it will still have some time to run on it.