My company plans to send me on a business trip that may exceed 3 months and they plan to do that on a regular basis. It involves a field work related to software solution implementation across multiple sites. I don't mind doing it but I am concerned about getting my L visa cancelled (90 days out of Switzerland in 365 days rule). Are business trips included in 90 days rule and if so, what do I need to have on me when I return? I will be flying from and to Switzerland.
This should be your employer's problem, not yours.
They brought you here as a non-EU employee on an L permit. Now they need you to travel extensively. Their needs drives this situation.
Fine - toss it back to them.
Make sure they take responsibility for scheduling your travel so that you do not compromise your permit status, or figure out a solution that does not put you at risk.
It’s contrôle des habitants not inhabitants and they are not the authority issuing any type of permission it’s the cantonal migration office that has the power to make decisions.
I don't know if that makes much of a difference. The passport will be scanned at the airport, and the stamp does not matter, does it? this is not clear to me. The real question is if these IT systems are interfaced with the cantonal authorities. How do they know when to cancel someone's permit? Recently went out of Schengen area for three days via Zurich airport. Received a stamp on the departure, but since I returned via Vienna, my passport was stamped at Vienna airport as I entered Schengen area there. Once I landed to Zurich I realised there was no border control at the airport and no Swiss stamp was received. Am I technically still out of Switzerland (but in Schengen area)? There are holes in this process as far as I can see, the "Out of Switzerland vs out of Schengen area dilemma". I even went that far and visited the airport police station and inquired about this. They could not understand what I was talking about. They kept saying my 90 days in Schengen area start with the date on the stamp received in Vienna. That is very clear to me but I don't care about that in this case. They could not understand why would anyone be concerned about being out of Switzerland longer than 90 days, in Schengen area or otherwise.
Yes, of course it matters. If you present your permit along with your passport then the authorities know you’re a resident here and not a tourist, which is what the 90 days limit applies to. Since you’re a resident your passport should not be stamped.
They don't have to prove anything the onus in on you to show that you are in compliance with the rules not the other way around. Your permit is automatically terminated if you reach the 90 day line. It's up to you to show that you were not out of the country more than the time allowed.
Permits in Switzerland are not automatically terminated but if under suspicion by the cantonal migration authority for spending more than 6 months abroad (not 90 days as mentioned), which happens based on tip-offs and not proactively, then the permit end date takes effect 6 months after the last time the resident can prove they were in the country. Assuming an appeal isn’t made.
There is no automatization in the process as one makes it seem.
Tip-off means if my wife or my next door neighbor makes one? Where does the border control fits into this, if at all? I was also trying to establish what (if anything) I need to carry with me to prove that:
1. I am breaching the 90 day rule only because I was on a business trip (and expect to get away with that)
2. Is there a requirement perhaps to inform my local council that I will be away?
It seems to me at least hypothetically that, if I use my 90 day allowance on business trips during the winter, I can lose my permit if I go on annual leave during the summer. It seems a bit harsh and frankly really bad as far as fairness is concerned.
Can you please clarify that? Does it mean you can go out for three months and then after a while go again for two months. Are you saying no rolling period applies as in Schengen rule (90 days in the last 180 days)?
I have seen somebody saying here on the forum that rolling period of 360 days applies for any absences from Switzerland but the below from the Federal Act on Foreign Nationals and Integration seems to support what you said.
Section 2
Expiry and Revocation of Permits and Expiry of Right of Residence102
Art. 61 Expiry of permits
1 A permit expires:
a. on notice of departure abroad;
b. on the grant of a permit in another canton;
c. on the expiry of the term of validity of the permit;
d. on expulsion in terms of Article 68;
e.103 on the holder becoming subject to a legally enforceable order for expulsion
from Switzerland under Article 66a SCC104 or Article 49a MCC105;
f.106 on the enforcement of an order for expulsion from Switzerland under Article
66abis SCC or 49abis MCC.
2 If a foreign national leaves Switzerland without giving notice of departure, a short
stay permit expires after three months, and a residence or settlement permit after six
months. On request, a settlement permit may remain valid for a further four years
More than 3 months is not a business trip. That's an international assignment. Hope for you that your employer is handling local tax and social security, if applicable. Also hope for you that your employer arranges work permits for these assignments, if you are non-EU.
I think the keyword is in this sentence ''If a foreign national leaves Switzerland without giving notice of departure, a short stay permit expires after three months, and a residence or settlement permit after six months. On request, a settlement permit may remain valid for a further four years".
All discussions about this topic I came across, were about people leaving the country for an extended period of time. The main difference being in them not having a job and home address any more (and perhaps not even paying for health insurance). I am not a lawyer but I think the clause above would not apply to people having a full time employment, physical home address and paying for health insurance i.e., who are travelling as opposed to leaving. To me, the clause above says if you leave Switzerland, meaning break ties with Switzerland, the permit will expire after so many months.
It would be really helpful if someone can share their first hand experience with this.