Work permit non-eu approval

Visas, Permits, Passports and Naturalization
1
Guys, I wanted to ask a question and it would be more directed to people who have experience with the work permit process as a non-eu.

Next: There is a technology start-up, which despite being considered "small", is already in an ecosystem serving multinational partners and clients.

For a specific project, with a huge client that is present in over 30 countries, they need a person with extremely specific qualifications, this includes: a specific certification that is only issued by one country in the world (in this case, I have the certification), I would need to speak 3 languages at a fluent level (3 Latin languages, which I speak), and have one more specific technical certification in a technological product that is still little used in Switzerland (certification that I also have).

This is the first time the company will try to hire someone from a third country, but it was this position is very specific and they are trying since September 2022 for a person in Europe, and they did not succeed, they resorted to the Non-EU option (all attempts are documented).

So, I was wondering if from your point of view, there would be a possibility of approval in my situation. The contract is for an indefinite period of time, the project starts for a duration of 2 years and then an additional 5 years for expansion involving certain bilateral agreements that Switzerland has made. The project is in the banking segment.

I have 6 years of experience, I have the specific certifications, what scares me a little is that related to studies, I only have the Associate's degree in complete. This is because to get the certification, it took 1.5 years of study.

In addition, I have experience in 12 projects at this client that is based in another country, and the branch office is in Switzerland. I had experience at the main base. I got recommendations from this client at the main base, as well as recommendations from Swiss companies, which have a branch in my country.

What do you think?

2

If it’s very specific and the company has had no luck finding a Swiss/EU national who can do it then your chances are good.

3
Yes, it is. I don't know if the Kanton has like a minimum standard for education, but when they posted the vacancy it was showing since Associate's degree.

They also are going to do an urgency requirement because this bank is in need of people due to Switzerland's problem with Credit Suisse...

Fingers crossed here.

4
As Medea says, if it's very specific, then it greatly improves your chances. However, your (prospective) employer should also be prepared for the canton to query exactly why those very specific qualifications are required and whether they couldn't make do with an EU person with related but less specific quals.

5
Thank you so much. I am seeing with them my application, basically the project is really well explained and they are pointing where the specialization will enter and why is necessary.

Fingers crossed here

6
Does the Eurostat figures show a shortage of skills (not necessarily your specific skills) in the company’s industrial sector? If yes, then it will be easy, not then the company is going to need to put a lot of effort in to the justification.

7
Sorry, are EURES and Eurostat the same? Aswell, where could we see this list of skills that are missing?

8
Shortage of skills in the sector is grounds for the employer being exempt from following the order of priority and proving they searched for Swiss and EU candidates. It is not required to hire someone when no exemption is seeked and where the due diligence has been done by the employer. They need to provide justification, yes, but it's not like it's a huge effort. It consists in 1) showing proof that they searched and couldn't find (which according to OP they have, so it shouldn't be hard to have that proof), and 2) write a letter explaining why they need those specific skills and how the applicant is very qualified for the job (and if OP has all the key qualifications they require, that's also pretty straightforward).

You'll find posts on this forum claiming that if you don't have a PhD and a 6-figuee salary, forget it. I don't think there's any basis to those claims. There's nothing in the law or rules that says you need a specific degree at minimum. What you do find in government language is

Now an Associate's degree is EQF level 5 in the Bologna process. I'm not sure Swiss universities currently give degrees or diplomas of that level (a Bachelor is level 6), and if that would be considered a "university degree" but certain diplomas under the pre-Bologna system are graded as level 5, as well as current "CFC" qualifications (federal certificate of skills). In the registry of certifications, you'll find many "specialist" titles with an equivalency to level 5.

So I would think you employer has a reasonable case in saying this is a specialist position, for which you're highly qualified, and they need you.

9

That is some doubts I have. I totally understand the laws between countries is totally different. In my country, my degree is validated for everything - that is one of the reasons I choose to do the shorter version.

But yes, the position it is not like a Manager right now, but the plan it is to put me on this position after 3 months of trial.

We already have the prove of the search, we also already have some internal recommendations. I have all the certification - and considering just one country in the world can issue that, it is enough to say.

I saw the motivation letter, and in resume it is just pointing all the AIG and showing the proves that we are absolutely under the law.

He also made a deliberation showing the project and why they can not hire someone without or - less of these skills.

I know some cases - with people from my country - where they even do not have any type of degree, just high school, and passed to get the permission.

Do you think there is anything more to put on the process? We are going to send it tomorrow