I am a non-EU national and have been working for a company with an unlimited contract in Zurich for 2 years. When I started working, I got a B permit from ZH renewable yearly from until Aug 2011.
On 30.06.2009, I have been made redundant by the company which has unilaterally revoked the work contract. I have promptly notified RAV and ALK about my unemployment and have been collecting unemployment benefits since while looking for a new job.
My current unemployment insurance (ALK) is valid until June 30th, 2011.
Here is teh problem...
As my current B permit is going to expire on Aug 31, 2009, I have applied for a renewal. However, I have received a letter from the Migration Office last week that they plan to decline my renewal request and told me that I had a right for a written appeal before they officially decline my application. The reason why they intend to decline my renewal request is that my B permit was attached to my work contract and since I no longer work for the company, there is not a sufficient ground to renew my permit.
Is there a way that I can prolong my residence permit while I am on unemployment? While I am frantically looking for a job, it is extremely worrying to be in this kind of a limbo.
I am also a student at the university, however I have been told that I cannot collect unemployment benefits if I change my "regular" B to a "student" B in order to stay in Switzerland until I find a job?
1. As far as I know permit cannot be extended without job or unless you are self employed.
2. In case you do not get a job soon, and also if you dont get unemploment insurance once you leave CH ( IMO), then you loose out on all. Better to take student visa, buy time, study, work and look out for part time options for survival. this way you still have a "hope"
Also, may be you can get in touch with growing start-ups, negotiate your salary and get your permit renewed, putting a short profile on EF may also help.
Can't he become self employed in this case? I think you can form a "one-man" company; it's not very expensive from what I've heard and in this case maybe they'll renew your regular B permit.
If you do this, when you find a job, you can either get rid of the company or work for the new employer through your company (if they accept it). I think you can even have some tax benefits if you do this.
Have you discussed it with the RAV and ALK people? If not then you should do so right a way as the are considered to be your employers until such time as the insurance runs out.
Look up the Treaty of Friendship Commerce and Navigation between Switzerland and your country. You may have absolute right to set up a firm, or to represent a home-country firm ("sole representative" in British parlance).
One (not the only) problem is that may disqualify you for unemployment benefits.
Bringing an administrative action for unfair dismissal may delay the effective date.
Too late now, but a Swiss worker I know, when he learned of his imminent dismissal, became ill from stress and depression and it was many months before he could be dismissed, what with sick leave, etc.
Hi, perhaps I didn't understand the situation well, what I see is a very convoluted logic.
So are they saying, if you get a job or self employed, good for you, we won't pay unemployment money as you are no longer unemployed. If you don't get a job, bad for you, we still won't pay unemployment as you don't have a permit. But we will collect tax/deductions from you at the same rate as for everyone else.
If this is the logic that is applied, then clearly it is warped; but I think I am misunderstanding the situation.
That is exactly what it is. It feels more like a catch-22. I have called the Migration Office, and they said "maybe we will renew it, maybe not. we have to review your case." The ALK says that they are unable to keep paying me unemployment allowance if they do not receive my new residence permit and the Migration Office says they cannot renew my permit without a job.
This is so pathetic especially if your employment contract is revoked 1.5 months before your permit expires and you do not have enough time to look for a new job, especially during the summer where everyone, especiallt the HR dep'ts are out on holiday.
Why the heck was I paying for unemployment insurance if I cannot use that insurance when I am actually unemployed!!??
It is like buying health insurance which you cannot use when you are actually sick.
I have sent my papers from the Pension Fund (ALK) to the Migration Office. I will have to take legal actions if I do not get a positive answer.
The exact point where I was wondering if it can really be so arbitrary . I mean, for someone it can be 1 day, for someone else it can be 11 months and 29 days...depending on the date of permit expiry and date of redundancy, and perhaps an understanding between the employer and employee. And the difference can be several tens of thousands of francs .
I suggest you also pm some EF members who are quite clueful on the subject, and take their opinion before escalating it to legal action.
yes, please take advice from lawyers or people with right cognizance before you take any kind of legal action, could be things get even more complicated.
I would also advice you take an appointment with Senior Immigration officer ( you can ask at the window that you need to talk to their bosses or write a request letter at Immigration office for appointment) and explain them your specific case. same with ALK, if possible.
Pls maintain your cool in this hard situation. If you irritate them by constant follow-ups and pressurize them, they may re-italiate. so be cool. I know its not easy but try your level best.
Mean while, you can also check with your previous employer for any new openings or projects, sometimes there is lull in project and resources are moved. but after sometime, may be they have some requirement, there is no harm in checking.
Meanwhile, continue your search for assignments and see if you can be a partner to new start up.
yes, I can feel stress around and hope you get out of this situation well.
OK. Your situation is a little clearer now after a glass of French wine (from Lavinia, Paris not the Swiss wine I have in the other room although that's good too.)
I wrote in anther reply today that like it or don't, Switzerland has incorporated parts or EU law into domestic law as a matter of the treaties on freedom of movement, and that's true even though they voted themselves out (or not in) in 1992. (I was in Switzerland at the time, and all the diplomats and all the ministries were astonished. Now people seem to be glad.)
One of the results is that there is cross-border entitlement to certain benefits. While EU law may not completely transfer over, look at http://bit.ly/2dizVk to see what rights you may have, and use that to (politely) inquire.
Redundancy benefits are notoriously poor in the UK, which is why all the French City types went back to France when they lost their jobs. And then they worked at McDo or Quick for a couple of weeks, quit, and started getting benefits at the French rate based on their UK pay.
Without further research I can't say that works for EU citizens who were employed in Switzerland, but it's worth thinking and asking about. As others have said: be unfailingly polite and smile.
There are other strategies, including taking any job just to get your permit renewed. But that strategy has risks of its own.
I wouldn't hire a lawyer (expensive, largely incompetent -- and I say this as a lawyer trained in private international law, succession and taxation where so much of what I see has errors), but if you can get advice for free from a charity or the equivalent of a citizens' advice bureau that would be good. And since they see a lot of cases like this the chance of error is low too.