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Big question about work permit:(

 
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Englishforall



Joined: 12 May 2010
Posts: 20
Location: ITALY

PostPosted: Wed Nov 24, 2010 11:36 pm    Post subject: Big question about work permit:( Reply with quote

Hi everyone,
I hold a Non EU passport with a Swiss Residence Permit sticker on it .
I am currently living in Italy ,already applied for TEFL jobs . The sad fact is that I got plenty of opportunities but schools asked me to have a separate Italian Residence Permit or a work permit,and put me forward to the Foregin Affairs Office where I was told its impossible to obtain such a permit since I already have a STUDENT Residence permit stickerand cant obtain sticker of another EU country.On the other hand,school doesnt want to get involved and insists that they offer me the job as a freelance,so its all on me to obtain the work permit . :(
Gosh Im feeling horrible seeing how many job opportunities Im losing just because of Work Permit:(
Is there anyone to give me directions on what to do?
I would be happy to even hear of a similar experience or anything else
Frustrated me:(


Last edited by Englishforall on Thu Nov 25, 2010 10:35 am; edited 1 time in total
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spiral78



Joined: 05 Apr 2004
Posts: 9589
Location: On a Short Leash

PostPosted: Thu Nov 25, 2010 7:31 am    Post subject: Reply with quote

A residence permit in one EU member country does not mean that you can work in any other EU country. You can only work in the one country that issued the sticker.

I have permanent residency in the Czech Rep, and I can always work here, but without Czech CITIZENSHIP, I cannot work in other EU countries where Czechs can.

You would have to be a citizen of Switzerland for their opportunities in other countries to be available to you.

You are in the exact same boat as any other non-EU member citizen trying to get a legal work permit for Italy. You most probably simply are not eligible. In fact, if you've been in Italy for more than 90 days, you are probably liable for fines and deportation for having overstayed under Schengen zone laws (google this if you're not familiar).

You're living and trying to work illegally, I'm afraid. My best advice is to go back to Switzerland ASAP.
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Englishforall



Joined: 12 May 2010
Posts: 20
Location: ITALY

PostPosted: Thu Nov 25, 2010 10:34 am    Post subject: No stamp Reply with quote

But officals wont have a clue since there no Stamp in my PASSPORT once inside the Schengen Zone. How will they find out one has overstayed?
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spiral78



Joined: 05 Apr 2004
Posts: 9589
Location: On a Short Leash

PostPosted: Thu Nov 25, 2010 11:12 am    Post subject: Reply with quote

Your student visa must be dated with an entry stamp. The date you entered the zone is the one they will look at. If it was more than 90 days ago, you'd better be in Switzerland where you are legal.

Changing countries inside the zone does not restart your 90 days. You do not get 90 days per country - you get 90 inside the zone overall - then you have to leave for 90. Also, just crossing a non-Schengen border and getting a new stamp will not restart the 90 days (as of Jan 2009).

The ways to be caught overstaying the 90 days while you are in Italy will involve whatever officials are in the region where you are. They obviously know that you've been making inquiries about visas and jobs. If you're paying rent somewhere, or get a bank account and/or an (illegal) job, they can pick up on it.

If you happen to be at the wrong place at the wrong time, police and/or hospital staff can also ask questions.

Penalites are deportation to your home country and up to a 10 year ban on reentering the zone. I've never heard of a penalty longer than 2 years so far, but I do know of people who have been deported to their home countries.
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Englishforall



Joined: 12 May 2010
Posts: 20
Location: ITALY

PostPosted: Thu Nov 25, 2010 11:19 am    Post subject: Yearle RP Reply with quote

Well,I believe you didnt notice the point that my Swiss Residence Permit is a 13 month one which gets extended every year . In this case there is no limit of stay anywhere in Schengen zone ,right?
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Englishforall



Joined: 12 May 2010
Posts: 20
Location: ITALY

PostPosted: Thu Nov 25, 2010 11:22 am    Post subject: Reply with quote

AND,I would never open a bank account or sth.IM everywhere on my Swiss RP. And If asked ,I woudl just tell them I came here yesterday,or am travelling between the two countries. I do believe that wouldne be a problem.
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spiral78



Joined: 05 Apr 2004
Posts: 9589
Location: On a Short Leash

PostPosted: Thu Nov 25, 2010 11:26 am    Post subject: Reply with quote

Well,I believe you didnt notice the point that my Swiss Residence Permit is a 13 month one which gets extended every year . In this case there is no limit of stay anywhere in Schengen zone ,right?

No. How would I 'notice' this? I'm not an official and have not seen your documents.

BUT - you are wrong that residency in Switzerland gives you the right to live in other countries in the Zone.

As I said, I have permanent residency in the Czech Rep, but this does NOT give me the right to live and work in any Schengen zone country EXCEPT the CR.

Your situation is the same. You are legal in Switzerland, but not in other Schengen zone countries. This is why you cannot get a legal work permit for Italy.

I think you need to seriously consider the legalities here and make a decision to go back to where you have a legal right to be.

do some further research - online should do. Go ask the Italian officials if your residency permit in Switzerland allows you to live and work in Italy. Cool
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Englishforall



Joined: 12 May 2010
Posts: 20
Location: ITALY

PostPosted: Thu Nov 25, 2010 11:27 am    Post subject: Reply with quote

Thanks anyway..Dont be pissed at me:)
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spiral78



Joined: 05 Apr 2004
Posts: 9589
Location: On a Short Leash

PostPosted: Thu Nov 25, 2010 11:30 am    Post subject: Reply with quote

No, not annoyed. Just concerned that you are running legal risks.

It's surprising that you are here with so little knowledge of the legal requirements. They are really quite strict for non-EU teachers. I know because I am one!! But I have always been careful to work legally only, because I don't want to be at risk of the penalties.
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Teacher in Rome



Joined: 09 Jul 2003
Posts: 1216

PostPosted: Thu Nov 25, 2010 1:06 pm    Post subject: Reply with quote

Just to add to all this - it's the schools that you need to convince, not us! Italian employers are equally as culpable if they offer you a job knowing that you're not legally entitled to work. They're not going to take that risk unless they're desperate! So you either find someone desperate to take you on (and you both run risks of fines, you might get deported, you certainly don't have any legal recourse if things go wrong) or you find a way to get legal. And there are ways (none quick or convenient) - just go back through this forum to find out what best suits your situation.
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