I’ve got a situation that is not really common in Switzerland and there is also not much on EF here.
I am currently on a five year B permit (EU) and will soon start to work in Germany. I really want to keep my permit as my family lives with me in CH and I would like to work in Switzerland in the not so distant future.
I will travel home every weekend (workplace is not near the border), but will stay in Germany during the week. This will lead to me being registered in both Switzerland and Germany at the same time, hopefully not an issue.
I will also pay full taxes in Germany due to bilateral agreements that prohibit former residents of Germany to avoid full taxation for five years after relocating to Switzerland.
Is there anything that I should or shouldn’t do in order to keep my current permit?
You would be considered a dual DE CH resident (also for tax purposes)
Yes you can keep the permit you just need to tell the cantonal migration office you are working abroad and returning weekly to your family in CH.
Since you return on a weekly basis and your center of vital interests remains in CH your residence permit will not become invalid despite spending more time abroad than in CH.
You won’t need to pay for Swiss KVG as you will be covered by German health insurance (make sure you request this exemption at your cantonal health insurance office). Your family will still have to be insured by KVG however.
As you said you pay income tax in Germany (and are exempt from Swiss income tax as long as you do not perform work in CH) in line with the dual tax treaty.
Once you change your status to worker abroad you will be asked to make a tax declaration in CH (even if you paid tax at source in your previous CH job and so didn’t have to before) and you need to declare your German income and ask to be exempt from paying Swiss tax on it.
Swiss G permit is if you work (earn income and perform work) in CH and therefore are taxed at source in CH but live abroad (anywhere in the EU for EU nationals and border zones only for non-EU nationals) with a minimum of a weekly return home for EU nationals and a daily return home for non-EU nationals
Do you (or anyone else) happen to know whether there is any regulation regarding cross-border workers in the opposite direction, i.e., requirements to fulfil in order to keep my permit B?
Would you say there could be a problem, if I did not manage to come home for a weekend? Or do I have to provide proof of my returns?
Maybe it is important: I am actually here on a family reunification permit, which I got for the fact that my father has been living in CH for quite a while now and I have never worked in CH before (but was finishing my studies).
Anyways, I couldn't find much online about this situation, looks like it is rather rare that foreign residents work abroad and live here. Maybe my local municipality or the cantonal immigration office knows more?
It’s not that rare to work in Brussels London Germany Netherlands etc and continue living in CH
Within Schengen there is no way to prove you come back every week but I wouldn’t play with fire
Look up the directives PDF of the law on foreigners and integration and under the „revocation of permit” subheading what I mentioned above is clearly outlined
In some cantons (like BE for example) in the permit renewal forms there is even a box with „working abroad” option so it’s not that uncommon
Would get in touch with cantonal migration authority and stress your family/father/centre of vital interests remains in CH
Just an update (for anyone interested, or being in a similar situation at any point during their stay in CH):
I just called the cantonal immigration office and told them about my case.
It turns out they would want to argue that my center of life will be in Germany in case I will be longer than 6 months in employment there. It was just the opinion of one person there, maybe the organization would handle it differently when it comes to this point.
Anyways, the person on the other side would not accept my family (as I have got no partner or children living here with me) or me coming home every weekend as reasons to justify that Switzerland remains my center of life.
Well, in case I will be working longer than 6 months in Germany, which is not quite clear as it will be a 6-month internship in the beginning, I will definetely have a lot of arguing to do in order to keep my current permit
I am an EU citizen (as is my father), but still it seems quite difficult for someone who does not return home every day and moreover, has no partner or children living in CH.
Let’s see if I’m gonna work for more than 6 months in DE, if yes, I’ll give an update of how things will work out in this case.
If only I had a C permit, then I could at least stay abroad for up to 4 years, without losing my permit.
It is now the case that I will be working in Germany for a whole year (as an intern!). I still travel home to my father most weekends, but I am becoming more and more worried that my local municipality or the cantonal migration office will start raising questions regarding my center of life or even try to revoke my residence permit after the first six months of my internship.
It would be real hustle to argue with them over my residence status as I am planning to stay in CH long-term. I just could not find a suitable internship in CH.
Can I do anything in order to keep my current permit? If they started investigating over these 6 additional months, would it help to point out that I am working on a fixed-term internship contract and that I am planning to do further studies in CH?
I am a dual Spanish-German national and speak fluent German (if that is of any importance?).
My local municipality knows that I work abroad as they received a copy stating that I am exempt from Swiss health insurance due to me working in Germany.
I know I could easily get a new permit but it would also mean additional costs, efforts, delay of c permit, problems with my bank account ... so ideally, I would like to keep my current permit
I am afraid that calling my municipality and asking about these things will cause them to start investigating my residence status.
Maybe there is nothing I can do at all? Except for hoping that the following 6 months pass smoothly.
Paying taxes in Germany, having your permit scrutinized, fearing it all may go wrong, that is not a hassle? Your income is in Germany so they will tax you there, you will have to pay for health insurance..... And yes, the authorities in CH will probably look into this. Why risk that all?
But do you really think the authorities will look into this on their own? And even if they do, they would surely need some time (months?) and evidence to revoke my permit?
All I can suggest, is that if they decide your centre of life is not here and therefore want to remove your permit, that you could hire a lawyer who would fight to prove otherwise. Not sure it would be worth it or successful though.
No, it is not complicated. You make it complicated.
Call the authorities to see if there is a way to do this legally. If not, go to Germany, get your permit there, return to CH and get a new one. One year is not going to make that much of a difference.