Swiss B permit: Is it enough?

Visas, Permits, Passports and Naturalization
1
Hi,

I am an Indian national trying to find work in Switzerland for the last 3 years. Recently this year I was shortlisted for the interview process for a job role that involved travel in EU.

Now after the interview process is completed, I have been told that the Swiss B permit (granted because I was married to a Swiss national) is not enough and that a special work permit is required for the employer to be compliant with Swiss labor/immigration laws.

Could this be true? I was under the impression Swiss B permits are good enough to be employed in CH without need for a special work permit?

Requesting forum members with any views on this thread to let me know what they think.

Thanks and cheers,

Redman42

2
I guess it depends if your B-permit gives you the right to work or not??

3
If s/he is married to a Swiss citizen as written in the OP (or if s/he is married to an EU citizen) then YES, s/he has the right to work.

Perhaps the issue is related to the work/travel in the EU.

4

Sorry, but they’re wrong. It’s quite clear in the Foreign Nationals Act.

Art. 46 Employment of spouses and children

The spouse and children of a Swiss national or of a person with a permanent residence permit or a residence permit (Art. 42-44) may work on a salaried or self-employed basis anywhere in Switzerland.

http://www.admin.ch/opc/en/classifie…232/index.html

There’s no requirement for any special permit.

I can’t see the travel around Europe being an issue as you’ll have your passport and Swiss permit with you which will allow entry into any Schengen Area member country.

5
Redman42 - it should say on your B permit.

If it doesn't say it, then you've likely been given the wrong type of B permit.

6
Travel may not be an issue. Working could be, considering that if it were the other way around and the OP were living in the EU s/he wouldn't have the right to work in Switzerland.

But if it's only short business trips to the EU, I can't see that as a problem either.

There is something obviously being miscommunicated somewhere.

7
Most likely the problem is working in EU.

Maybe your Indian citizenship and B permit do not allow you to work in some EU countries? Is it was mention, you are allowed to visit EU countries, but working there is another question.

I would recommend that you explicitly ask the employer these questions and what precisely is the problem.

8
Where exactly is the company's place of business and how much travelling will it involve?

If the company is Swiss based and the travel is limited, the a Swiss B permit is enough, otherwise you will need a permit.

9
Is it a problem for non EU B permit holders to enter non-schengun countries (i.e.the UK)?

10
I have to admit that I don't remember what the travel rights are based on resident permits and it's much too late for me to look it up.

11
Not a problem if you have a visa

12

Yes, because as rob1 says you need a separate visa if required by your nationality to enter the UK as it isn’t a member of the Schengen Area agreement.