Another question that has been asked by many but I haven't found the exact answer that works for me.
I need to provide proof of single status to receive my pension refund. I am leaving one month before my work contract finishes so I need to obtain this proof from outside of Switzerland (the proof certificate is only valid for one month).
The issue i'm having is that I live in Canada and there I am not considered single (I have common-law status). Do I just need proof I am not married? Can I just go to a notary to get this signed?
Another issue is that I am not Canadian (merely permanent resident). I have both a Dutch and NZ passport. I have never lived in the Netherlands and have not lived in NZ for 10 years. I have lived in Switzerland under the Dutch passport, should I go to one of these consulates to obtain 'proof' of status? Even though they will have no clue, but the person on the phone from the CPEV (pension office) told me I needed to go to a consulate to obtain this certificate.
Leaving Switzerland is really rather a tricky process.
So you're both saying I can't tick the ceĢlebataire box on the pension form? I am considered single in my commune and for tax purposes so I don't see how that can change for pension reimbursement.
I presume that what they are trying to do is make sure that you don't abscond with the whole of your AHV contributions if there is someone (by marriage or other similar legal construct) who has a valid claim on some of that.
Even if that partner has no legal claim on your pension according to Canadian law, they still have a claim here in Switzerland.
Hmm this is becoming even more complicated than I originally thought. For tax and commune purposes in Switzerland I am considered single. I told them I had a common-law partner and they quickly brushed it off saying that is irrelevant and that in Switzerland I am single. My partner has never registered in Switzerland and we have never registered a partnership in Switzerland.
Even when I had to go to hospital and they asked who my contact person was, I said my common-law partner, and they said that this isn't considered a family member so put my partner down as a 'friend'.
It seemed that legally my partner counts for nothing here, how is it that now all of a sudden it may change?
Sorry, I'm not able to give you anything other than pure conjecture.
At the end of the day, the AHV wants you to provide them with some form of document. You need to get them to tell you what they will accept as proof of your marital status, and which government they expect it to be issued by.
Then "all" you need to do is contact that government and ask them to provide you with the required document.
PS regarding hospital: You can give your partner a notarized PoA to be informed on all health maters, have full visiting rights, and have have the final decision in case you are incapable like a family member or married partner. W/o such a PoA the partner is, as said by the hospital, just a friend.
"Konkubinat", living together under no particular legal status and without individual contract, doesn't establish a claim on the partner's pension, neither AHV nor Pensionskasse. See here .
Sure (and thanks). I take it that what the AHV is after is proof that the OP is not married. (Which is a bit of a head bender.)
If that is the case, then perhaps proof from Canada that the OP is living common law with their partner would suffice. (unless he/she was married, hasn't divorced, and lives common law in the meantime)
Thanks for the response, it's very helpful. For the pension fund I do not have a named beneficiary so hopefully this will not be a problem.
I think the best option would be (as you say) to go through the Dutch consulate if I can because, you're right, in Canada it could get tricky considering I am not considered single there. Or perhaps from Canada I can simply get a 'never married' confirmation.
When you signe out of Switzerland didn't you get a little paper back with some general Information about you. On there that should have your civil Status and that should work. And then just say that in Canada you found a partner as this should only apply to the time you were in Switzerland. Maybe different for me as I have Swiss citizenship...every time I leave Switzerland I got a paper with my personal info that also states my maritial status as of that point and didn't Change until I came back here, signed in and told them I got married in Canada. Technically they counted me as being single despite being married for half a year.
You, do it'd valid for a couple of weeks from the date of issue, however some pension companies don't accept that as you don't prove the status on arrival. Mine did which is why I did not mess about moving the fund to save some tax.
Unfortunately in Vaud they do not accept this document as 'proof', seems rather odd considering this is a Swiss document but I digress. Also, whichever document I obtain only has a one month validity, which is also where my problem lies because I am leaving one month before my contract finishes and therefore I need to get the document when I have already left Switzerland.
Interesting. So far any document I have here in Switzerland has been valid for 6 months. 12 under special circumstances. Have you been still filing your Canadian Tax forms, even while out of country? I've been doing this and on the summary it states my maritial status. At least this is for Ontario trough H&R block. Maybe something in that direction might help? I understand that now you are common-law in Canada, but if you filled for last year, maybe you put down single?