Work permit for accompanying spouses
Does your spouse have a residency permit B with authorization to work? Do you have a residency permit B
without authorization to work? If yes, the note below provides to you information on Swiss regulations for converting your permit into a residency permit B
with authorization to work.
The Swiss employer makes the application for all authorizations to work of permit B holders.
The competent cantonal authority deals directly with companies concerning all work authorizations for permit B holders. This involves the issuance of new B permits with authorization to work, the renewal and transfer of existing B permits and conversion of a permit into one with authorization to work.
The competent authority will issue a permit to the company for a potential employee if the company can show that the application is in conformity with the regulations. Thus, all job seekers must find an employer to make the application for authorization to work in Switzerland.
To transform your permit from a residency permit B without authorization to work to a residency permit B
with authorization to work, you must also find a potential employer to make the request.
What must the potential employer demonstrate to the competent authority to receive a standard permit?
The basic elements that the employer must demonstrate are:
-
That the potential employee has the education, training and work experience that qualifies him for the job.
-
That the salary offered is at least the standard market salary.
-
That the employer has been unable to find someone in the local market for the position. This means that the employer must be able to demonstrate that he has made an effort to find someone locally.
- There is a quota of the number of B permits that the government can issue. The requests for work permits exceed the annual quota. Therefore, in addition to meeting the above conditions, the work permit application has to demonstrate that the request is sufficiently economically appealing to the
Canton to qualify for one of the sought after permits.
Requirements applicable to:
| |
Standard B permit |
EU national |
Accompanying spouse with residency permit B without authorization to work |
| 1 |
Yes |
No, see note below |
No, see note below |
| 2 |
Yes |
Yes |
Yes |
| 3 |
Yes |
Yes |
No |
| 4 |
Limited quota |
High quota |
No |
Note: Education, training and work experience of EU nationals and accompanying spouses is only taken into consideration during the application process if the application is for a position in a regulated sector such as medicine.
What are advantages that accompanying spouses have in the work permit application process?
Compliance with the regulations for conversion of an accompanying spouse's permit is relatively simple. Only element 2 is applicable. There is no quota for conversions.
Thus, there is no competition among employers. This means that the potential employer is sure that he can hire the potential candidate who is qualified for the job.
In addition, there is no need to demonstrate a search on the local market for a person with the job skills described in the application.
What must the potential employer demonstrate to receive a permit?
The employer must demonstrate that the salary offered is at least the market rate. Frankly, it is simple.
The employer files the application with the Office of the Population. A cover letter should provide a good description of the employer, the person and the position.
How long does it take?
The application process takes 6 weeks. This is the same as for the standard B application process. The approval should come about 6 weeks after filing the application.
Good news, the spouse receives a provisional work authorization as soon as the application is filed with the Office Cantonal of the Population. Authorization to work will be canceled in the unlikely event that the competent authority turns down the application. This would be due to a below market salary or a poorly prepared application.
What are the problems for an accompanying spouse's application?
Many employers are unaware of the limited requirements to convert the permit of an accompanying spouse into a permit with authorization to work. The employer incorrectly believes that he would have to file for a standard B permit. He believes that the application would be refused.
The employer may be aware of the application requirements for accompanying spouse permit. Nevertheless, he may not have developed the basis material on the company that is part of the work permit application. In this case, the employer may not be willing to devote the time necessary to develop the information on the company for the application.
Some companies may not want to request work permit from the government. They prefer to find another solution to their manpower needs.
Profile of companies that may be more open to make the work permit application for an accompanying spouse.
The company should have already prepared the standard documentation for work permit applications. This means that the company has already made work permit applications. Ideally, the company should be aware of what they need to demonstrate to receive an authorization to hire accompanying spouses. Company described above should be more willing to make the effort to request the work permit for an accompanying spouse.
Leo K. Murray
LKM Associates
Geneva
Link to http://www.lkm.ch/
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Update November 2006
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