Hello! I am wondering if it’s legally possible to be a resident of both France and Switzerland while on a Swiss work contract, but without commuter (permit G) status? I would spend the majority of the year in France and about 60 days/year in Switzerland.
I have American and EU citizenships, and am currently residing in France. My employer wants to relocate me to Switzerland, and I will happily establish residence and rent an apartment there (Zurich) but would continue to live most of the time in France and work remotely. I would spend one work week per month at the office in Switzerland.
I am not sure if this sort of arrangement is allowed - for instance, to be a resident of Switzerland I believe you must reside there at least 183 days of the year? And I am not sure of the legal or tax risks that come with failing to meet that requirement.
Any insight or advice is greatly appreciated... many thanks.
No, you would need a G permit for that far as I know.
If it’s mostly remote work, might not need a Swiss permit at all.
No, because you must spend the majority of your time present in Switzerland in order to meet the requirements of the permit, otherwise the permit automatically expires and you would be working illegally there after.
Yes, you can have 2x (or more) residences (I have).
That said, your issue is on your days - I would assume you would want a Swiss B permit, right?
In which case, the amount of time you can spend outside of Switzerland is limited, and you would need to spend 183 days a year in Switzerland minimum (iirc).
Of course, what is considered a "day" varies; and while I haven't checked specifically for CH (as I'm here way more than that), in many countries (as they want to tax you), a day is a minute or more spent in the country between midnight and midnight.
So a weekend, where you come Friday evening and leave Monday morning, is easily 4 days. In some countries, where you are at the stroke of midnight counts.
The real issue will be taxes, as you will then be double taxed as resident in two countries.
My advice? Get advice from a specialist immigration lawyer with tax expertise. I've realised over the years that there are many people on this forum who believe that you can only have one residence...
EDIT: Forgot to mention, also check the costs involved... as you would need Swiss health insurance, while paying french and swiss taxes...
You can be resident in multiple jurisdictions for tax purpose, but not for a B permit.