Against the law to register at friends place if I am not really living there?

Can someone point me to the section of the legal code to find out the consequences?

The context is not that I want to avoid taxes, or any bad intentions. It is simply that my life circumstances become somewhat dynamic and I need such an option at least for now.

If it is okay temporarily, fine, but how long do I have until it would start to cause problems for me or my friend?

Does it matter the canton? I see that the cantons are different regarding Drittmeldepflicht

Not sure how it even works in those which don’t have it.

Would it be Fälschung Urkunde if the friend does the Drittmeldung with the knowledge that I am not really living there? Or is it okay as long as I am paying rent and the situation is not deliberately exploitative regarding taxes?

Are you Swiss or a permit holder?

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Permit holder, C

Why not pause the permit C? You don’t even have to pay rent and health insurance.

This is an example from canton Bern, words should be similar for other German speaking cantons:

Wenn Sie sich für mehr als 6 Monate im Ausland aufhalten, können Sie ein Gesuch stellen, damit Ihre Niederlassungsbewilligung aufrechterhalten wird.

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I talked to a lawyer about pausing and I was scared off by this paragraph:

The application needs to show that there is a clear timeline of returning to Switzerland. Usually, valid reasons for a C permit freeze are assignments, military service, medical treatments and similar obligations abroad that fulfil this requirement.

I just don’t know how I could show a “clear timeline.”

The thing is, I will keep working in Switzerland. I’m not sure if these things are compatible.

How risky it is will depend on my mind on a number of things….

  1. canton of work same as canton of residency?
  2. having an official rental contract
  3. how much time spent in CH vs out of the country
  4. for how long is this arrangement foreseen for?
  5. is the flat big enough for all of you?

Pausing C permit is an option but if you stop paying health insurance then you may loose your supplementary depending on your age etc so may be worth it or not…

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  1. no, different cantons for this particular friend
  2. we could make one
  3. preferably flexible or as little time required in CH as possible, although short trips back is fine
  4. until personal situation clarifies … ? indefinite …?
  5. yes the flat is big enough, if just looking at it from the sq meters or the floorplan

Pausing C permit is an option but if you stop paying health insurance then you may loose your supplementary depending on your age etc so may be worth it or not…

So I could pause it but continue to pay health insurance though I imagine?

I think it’s not possible to continue to work here with it paused …

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I don’t think you can pause it and continue to pay health insurance as the pausing is done if you leave the country.

Would you continue working here with a mix of local and remote work?

There is usually the option to pause the supplementary insurance if you pause the C permit due to temporarily leave Switzerland. There is however a maximum amount of time allowed which I believe is shorter than the maximum time you are allowed to pause the C permit for.

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From a practical perspective, I guess you can register and continue to pay your health insurance etc.

But, you have to think about where you will file your taxes? If you are resident somewhere else, you will need to file and pay taxes there as well as in CH, potentially being taxed twice.

Exactly. It becomes a tax issue quickly. And if you then get tempted to declare income in Switzerland and make use of your fake residence here, you might get close to being a tax offender in the other country.

Maybe the smart thing is to discuss a temporary leave situation with the migration office so that you may be able to keep your C. If this is the objective. The OP doesn’t say much what actually the situation and aims are.

Yes it is fine to do this, if you trust your friend, the flat is big enough (min 2 rooms), you make a contract, put a name on the mail box, no one will check on you as long as you continue to work, to pay all contributions and taxes. But be aware that wherever you plan to be in reality, you can become liable for taxes there as well. Periodically visiting Switzerland to check on documents and stuff in mail will be good.

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The fun thing is that the legal requirement is 180 days and “center of life”. It should not be hard to “fulfill” this if the work is in Switzerland.