I (as a non-EU) have been in Switzerland for almost 7 years. In the first five and half years i performed my PhD and postdoc at ETH and EPFL. Then I got a job offer and moved back to Zurich. My first work permit was "L". For the second year the employer specifically applied for a B permit and I received it. But it seems that it's still restricted to the employer. Now i have a few questions in that regard.
1. Can I get an unrestricted B permit for the next year if the employer applies for that? In some months I need to renew my current B permit.
2. Since I have been around more than five years, and the last two years I was on work permit (first year L and second year B, well still have not finished the second year), is there any chance that I can apply for a C permit? Or i need to be on B for another year before applying for a C?
3. What is the procedure in general concerning work permit quota. Since I have a restricted B permit now, for the next year, the labor office needs to give me (renew) my work permit from the quota or quota is defined for the first year only?
4. If I want to change my job/employer, upon the work permit application by the new employer, the zurich labor office will decide giving me a work permit from quota or again the quota is defined for the first year B permit?
By Q3&4, I want to learn how the work permit system works in regards to quota. If I change my employer or renew my B permit, it would be one of the 4500 B permit quota for 2022? Or it was counted once in the last year quota and these 4500 B permit for 2022 are given to new comers?
Not sure how the permits change from tied to open, but I doubt you’d get one as a 2nd year B. Plus it’s not in your employer’s interests to get you an open B since it makes it easier for you to change jobs.
I think you need 2 years on a B before you could apply for a C.
Renewals don’t fall under the quota system.
Don’t think it falls under quotas, but any new employer still has to make their case for why you should be allowed to change jobs and why they can’t find a Swiss/EU national who could do the job.
When you change from L to B, it goes under quotas (there are different pools for each type of permit), but when you renew, no. Still need to prove no qualified Swiss/EU/EEA available.
Depending on your nationality, you may be eligible for C permit after 5 years. Otherwise possible to apply for fast-track C after 5 years if you can prove that you are extra well integrated. Those 5 years may include student years if followed immediately by at least two years under a non-study B permit or with an L permit that is considered long term due to having a permanent work contract from the beginning.
See here, articles 3.5.2.1 and 3.5.3.2 for the wait times for normal and fast-track C permit.
Thanks for the comments. Just two quick questions to make sure I understood it properly. 1. Does it go under the quota system if one change tied B permit to unrestricted one? 2. Since my first contract was 14 months (not permenant) it means that I should be under B for two full year to be able to apply for a C one, right?
As a Ph.D., I am a bit confused on how you are even asking the question? You basically already gathered all of the answers and denied as if it were true?
1. As far as I know, no, they don't have separate quotas within the quotas for different sorts of B permits. But I would say don't worry about the quotas. That's really not the main issue. They've gone several years without exhausting the quotas.
2. That's tricky. The rule is 5 years of uninterrupted B permit, and study years only count if followed by at least two years of durable stay. The directives add that L permit can count (and make study years count) if it has a "durable character". So since your year with L permit was truly a temporary stay and not "durable", that year in principle shouldn't count towards the 5 years uninterrupted stay, and should make your study years not count either. So in principle, your 5 year stay would start with your B permit (in which case you can apply for C in 4 years, and it will in any case not be under the fast-track requirements because by then you'll also have more than 10 years in total).
But since your contract was then made permanent and you in practice do have an uninterrupted stay (and could argue the goal was always to stay permanently), they might still count it. Nobody here will be able to tell you if they will. Ask your Migrationsamt. But be prepared that the likely answer is you'll have to wait 4 more years.
In some cases, having an L could count like having a B (which could be your case when working); so after finishing your year with B, you might be considered having B two years.
But these are all theories, you need to talk to your commune to understand better.
I would suggest anyways trying apply for C. In the worst case, you get C rejected and get a B renewed.
I had somewhat similar experience. After 4 years of phd, I was employed at a company, receiving an open B. After 1,5 years I left the company and moved back to academia as a postdoc holding B which was renewed while I was still at the company. After it expired, I got C (on my 6th year in Switzerland in total) on the basis of good integration. I tried applying for C a year before, but it was rejected and I got a B with the reasons that 2 years on regular B hadn’t passed yet.