Here is the situation...
L visa ends May 31st.
I have been told by the Immigration office and the Basel AWA that I can get a new L visa but need to leave the country for two months. Problem is I need to continue working on the current project during this time.
Is it possible that I deregister with the Canton on May 31st. Stay as an American tourist for up to 3 months and continue working as a freelancer based in the States (with a new contract of course with my current employer).??
Any help or thoughts would be greatly appreciated. Thanks.
No. If you stay as a tourist... Then you are a tourist, you can't work.
You could go back to the States and work remotely from there.
Why would you think you can work if you're on a tourist visa? That's not legal and hence not an option.
Why can't your employer (assuming you are employed somewhere) arrange for an extension of the L by another two months? I don't really understand why you mention that you would have a new contract with your current employer, yet be on a tourist visa. That makes no sense. If it is indeed crucial you finish that project, an L extension should be no big deal and that would solve the problem.
Thanks for your thoughts. The reason I see it as legal is because I would then be based in the US, paying US taxes. I simply would have a Swiss client and occasionally be travelling. Technically it should not matter where I am living. And theoretically, I could be in Germany, France, China, etc. while I am travelling and working.
No?
I know it's a strange situation but perhaps someone else has had a similar experience.
Thanks Island Monkey for your great insight.
Samaire 13, This is all assuming an extension of my L is not possible..
Let's think of it this way;
Could I go to the US for two months, on a tourist ESTA, work for a US company whilst there, but claim to be a "tourist" because I wasn't paying US taxes? No, could I heck.
In the US I would need a business visa (B1) to, consult with business associates, attend a scientific, educational, professional, or business convention or conference, settle an estate, negotiate a contract..... and non of those include properly working.... which requires a work visa. Why would Switzerland be different?
Edit: The least you would need would be a Schengen business visa http://www.schengenvisainfo.com/business-schengen-visa/
A Tourist Visa is for tourism.
Here's an idea:
Germany is somewhat relaxed towards Americans working freelance there under so-called "artists visas". It is possible for an American to move there without a visa or job, begin working freelance and register within 90 days. Whether one contract would make you a freelancer in the German authorities' eyes I don't know and would require more research. It might also be best if you could contract with the Swiss company's German office, if it has one.
Non-EU citizens can generally obtain a G Grenzgänger permit for Switzerland after residing in Germany for at least six months, as I recall.
These are freelance regulations for Berlin:
https://service.berlin.de/dienstleistung/305249/en/
Mullhollander,
Thanks. This is great information and a very possible route. We do have a Grenzach office but the said project is through the Basel office.
It seems that according to your first link and if I simply need to buy 3 more months, that I would qualify under:
U.S. citizens in possession of a valid U.S. passport do not need a visa for airport transit, tourist or business trips for stays up to 90 days . All persons who wish to stay in Germany for more than 90 days are required to obtain a residence permit.
and if I wanted to stay on longer than 3 months only then would I need the G Grenzgänger permit.
Based on my reading, it is possible for an American citizen to move to Germany without a visa, search for work or become self-employed and register within 90 days for a German Aufenthaltstitel. As I understand it, however, you can't work until registering. In your case, if you become self-employed/ a freelancer shortly after arrival, then you would need to register promptly.
A G Grenzgänger is a Swiss work permit given to people living in EU countries who work in Switzerland and cross the border daily (or weekly/ monthly). I believe that you would need to reside and work in Germany for six months before you would be eligible for one. This is from memory.
The Netherlands also has a favorable scheme for self-employed Americans under DAFT (Dutch American Friendship Treaty).
Correct Mullhollander. A G permit would only be issued if the OP had lived within a border zone, i.e. near Basel for example, for at least 6 months. They are difficult to get for non-EU’s, not impossible, but difficult and frankly unless he’s going to be permanently based in Germany I’m not sure the Swiss authorities would issue a G permit. They are for people living permanently over the border who work in Switzerland, not for temporary stays.
Frankly the easiest way seems to be simply to return to the States for a couple of months and work remotely. However, as technically you a) wouldn’t have a current or new contract the company would have no legal requirement to pay you and b) without a permit I’m not sure you could do the work anyway for a Swiss employer. Yes Swiss companies employ people to work remotely, but it would presumably be under a local contract - which doesn’t sound the case for you. If it’s under a Swiss contract then presumably you need a permit - which you won’t have.
A G is indeed not an option. If it were that easy to get, every non-EU with work near the border zone (aka half of Switzerland) would just move to Germany (or possibly France) and hop over from there. So no. Also, even with a G the complete non-EU hiring process would need to be gone through anyway.
As said, I don't think getting an L extension will be much of an issue, assuming you haven't been here for the past 10 years on an L already (and even then...)
Business visa are not for actual employment either, not if you're on a Swiss contract. With every Swiss contract, you absolutely need a valid work permit.
Thanks everyone. So to clarify...
My Swiss employer is more than happy to write a new contract for me as a freelancer, which could be unlimited in time.
It is basically just a question now of where I am able to live. Ideally in Basel or close to Basel. I also plan to move back to the US after the project is complete (3 months).
Just to be clear: you need a normal employment contract. I'm not sure how the freelancer comes in here - are you actually properly employed? Who has arranged for your current permit?
Assuming your current company has employed you as an employee (not the same for me as a freelancer) and arranged for your L permit, this same process is exactly what needs to be repeated now.
I also don't quite understand how the question of where to live becomes relevant here. Where is your employer located? From which canton do you have the L permit?
So yes,
I am properly employed at the moment with an L visa in Basel-Stadt. It expires May 31st. Company wants to keep me for the duration of the project. (August or September). A new visa is only possible if I leave the country for 2 months (June-July) I am needed on the project during this time Simple L-visa extension is not possible. Company is willing to hire me as a freelancer after existing contract expires to get around this 2 month problem. How do I continue working during the 2 months?
Thanks again for all the comments.
Thanks for clarifying, I was confused about the freelancer bit.
Why? I know AWA said that, but I'd be curious to understand why. What reason/explanation did they give? I can't think of any reason why they wouldn't extend, but would supposedly be happy to issue a new permit after two months (which would mean going through the hiring process again).
As said, you don't, not here, not on a Swiss contract.
Why is an extension not possible? I know you’ve probably reached your limit for an L permit, but if the project is only going to be for a few more months why can’t it be extended? This should be much easier than applying for a new permit as I presume the company would have to go through the non-EU hiring criteria again to get permission.
The company can’t hire you as a freelancer, because you wouldn’t qualify as one living in Switzerland. Unless you have more than one client you’d be considered an employee of your company anyway and they have to get a permit for you.
Thanks. But Medea I wouldn't technically be living in Switzerland. I would be based in the US (or maybe Germany as Mullhollander suggested).
But before you mentioned you needed to figure out where to live in the Basel area?
Again cpoules, if you're on a Swiss contract being paid by your Swiss employer, you cannot work without a permit, no matter where you are located.
Think about this logically, why would anyone bother to arrange for a work permit for some employee here if they could just employ them sitting wherever in the world with no permit, just wiring them some money every month?
If your company has a subsidiary in the US, you should try to get a local contract.
You can't move to Germany. You have no G permit and will not get one.
And can you expand on that strange "no extension, but new permit two months later" issue? There must be a reason for this?
I'm sorry Samaire 13, not to be difficult but I just don't see it that way.
Please consider the scenario as such...
I am a self-employed US citizen living in the US and have never set foot in Switzerland.
Swiss company requires my professional services. We sign a contract.
I perform said services from the US and invoice my Swiss client.
I fly to Switzerland for a business meeting once a month.
Swiss client pays me in US dollars to my US bank account.
I pay US IRS taxes on money earned from Swiss client.
Where is the issue in this scenario? I am not an employee of the Swiss company. They are my client. Thanks!