Thankyou for your reply, but clearly I.m missing something. Here is the first line of the statement "Individuals with and without gainful employment who hold an EU passport are entitled to an entry".
This does not say gainful employment in Switzerland. perhaps with or without a job offer from a Swiss company would be more accurate wording..
However if as you say, I am obliged to close my activity in Italy and set up as an operation in Switzerland, why do the officials not state this when you apply. Why do they ask for ability to support oneself or "means" which I have provided both in Italy and Switzerland in the form of earnings and tax paid, and savings.
I find this rather unclear to be frank and BTW I have studied the forums at length. Perhaps you can point me to the thread that covers my situation exactly, as im sure there are others in a similar position.
Mostly they cover setting up as a self employed person in Switzerland, which it seems according to what you have said, I have no choice about.
You have not adressesed the fact that we applied together and he too is not employed in Switzerland and that the house contract and bank deposit to secure this( which were necessary before we applied together since we live in the same house) are in my name.

Again. You should read the text in full, not only the first line... Being allowed to enter Switzerland is not exactly the same with being allowed to take residence in Switzerland.

There are several conditions to taking residence, which are clearly outlined in the law.

Namely - either as a student or pensioner or without gainful employment in general where you will have to prove that you have enough income to support yourself, or with gainful employment, which implies either a work contract or an independent setup and more importantly paying taxes and social security charges in Switzerland. You will find this is in no way neither novel or exclusive to Switzerland by the way...

You can also set up yourself as an independent in Switzerland and contract yourself to the Italian operation. This has been covered more than once by Richard in his threads.

Probably because their job is to tick boxes not necessarily act as step-by-step advisors.

This should be taken up with the relevant authorities - I can hardly guess what was in their heads...

You have raised an interesting point here. On the one hand you speak with uncompromising clarity on the requirements and quote them liberally. ,"Entry regulations for citizens of EU countries (Bilateral Agreement on the Freedom of Movement of Persons)

Individuals with and without gainful employment who hold an EU passport are entitled to an entry, residence and work permit provided they carry health insurance and have at their disposal the financial means to take care of their living expenses. As far as choosing a job and place of residence are concerned, these individuals are equal to Swiss citizens.
s a consequence of the Agreement on the Freedom of Movement binational couples have a right of living together either in Switzerland or in any given EU country] without having to marry for reasons pertaining to rights of residence."
Yet when I state I have fulfilled the ability to support myself as one of a couple, as I have been emphasising from the outset, you suddenly change tack and say you can't be expected to know what was in the officials heads? I realise you are trying to give advice and help people pro bono , but you need to acknowledge that this is by no means a simple or clear cut process. and as I and others in this very thread have said.,....... and I quote others here " I was so confused that I contacted bfm" .... "What do you mean by the undelined part" .....and others.
Clearly I am not alone in my confusion about this black and white situation that you seem so adamant about.
I repeat I have the means to support myself and take care of living expenses and to insure myself.
Secondly what ( other than my independant spirit) stops me from being a euro citizen housewife to my B permit Euro citizen partner since marriage is not a necessity as stated above. I personally know of at least two people who are non EU who were given a B permit automatically with their EU husbands permit who is employed in Switzerland. Which conflicts with what the law states above. I on the other hand am EU.
I'm sorry but like it or not the Swiss law has some grey areas here. I am not entirely ignorant about immigration either having lived in at least 4 different countries in my professional life.
Thanks for your input.

What I said is that I cannot know what was the decision process related to your husband's application since you have provided very little information as far as he is concerned. From the little I could glean, I surmise they gave him a permit based on "grenzgänger" status - emplyoment contract in the immediately adjacent area of the neighboring state (which would be art.
7. al 2 of the Agreement).

Then you must submit this to the Swiss authorities in a form they will accept. Sadly, running an EU-located business while being domiciled in Switzerland is not one they are likely to accept just like that. It may be accepted under certain circumstances, which you probably fulfill, probably not - which is why they request further documentation from you.

Nothing stops you - but have you filed accordingly? Probably not.

Would you care based on your knowledge of immigration laws and living abroad experience to point out how (or where) that conflicts with the law? Because as I see it that is covered by article three of the Free Movement Agreement.

Thanks for your time, My thinking about your last point is this:
Lets say a non-European person gets married overseas to an EU citizen and then the EU citizen decides to take up a job offer in Switzerland so the non-European person ( usually a wife in 90% of cases) comes along as part of the deal on a B permit and is allowed to work and have all the rights of a EU person in Switzerland, including living and working where-ever she or he decides. A right you say an EU person whose professional credentials and financial situation have been checked doesn't have because they don't fit into the mold of being married and working as an employee for a company just across the border in a neighbouring state. So they can't be an employee of their own company now?
Secondly what happens if the said non-EU person who accompanied her husband then splits from him after a year and is able to start a new life and take up a job completely without restrictions under the B permit. Who would know?. Will their permit be revoaked. I'm sure there are situations like this, and how does this compare with the financially secure self-employed EU persons rights, which although Switzerland is not a Schengen country it has in some way gone along with.
The other point is the expense of setting up a new company while maitaining the old one in Italy in order to be able to invoice appropriately.
BTW this is just a discussion and I genuinely seek to understand. I'm not suggesting for a minute I have your grasp of Swiss law, you're the expert.

Hi, Heres a perfect example of the kind of confusion somtimes by the officials themselves at permit office.

Where is the confusion

That's right, as long as wherever he or she decides is within Switzerland.

If said company is located in Switzerland or in areas immediatly adjacent to the border (areas defined in specific accords between Switzerland and its neighbors) the EU person does have those rights (that would be articles 31 and 32 of the Free Movement Agreement). Unfortunately I cannot help you as to exactly which those zones are. Note a cross-border business permit would involve data request and verification across the border - don't blame the Swiss it may be the Italians are slow (as shocking a thought that may be)...

Yes, the permit will be revoked unless said non-EU person can justify either an employment contract or an independent setup likely to afford access to a non-EU B permit.

The non-EU national is worse off than the EU-National.

I believe those expenses have been expertly detailed by Richard in the business setup thread.

Read the thread before and after this which i was unable to post here.

Way too much effort.

How about you learn to quote, cut, and paste?

I'm a bit confused about what our status in Switzerland will be. My husband and I are both English, and we want to move to Switzerland (probably Vaud). Can anyone clarify the following paragraph:

- People who would like to reside in Switzerland permanently without pursuing any gainful occupation will be entitled to take up residence provided they are in possession of the following, both for themselves and their dependants:
* sufficient financial resources to ensure that they will not become a burden on the host country during the time of their residence,
* a health and accident insurance policy which covers all the risks.
People who satisfy the above requirements will be granted a five-year residence permit that is valid throughout Switzerland.

1. What does pursuing any gainful occupation mean. We develop properties, and will continue to do so - but not in Switzerland. However, my husband works one week at home and one in the UK. Because the developments are not in Switzerland, can we fall under this "no gainful occupation" clause or does working from home, in Switzerland, trip us up?

2. I am not sure what "sufficient financial resources" would be, but I hope we could satisfy this.

3. It's not inconceivable that we'd want to do some development in Switzerland at some stage. Presumably we can be there on the 5-year permit stated above, whilst busily preparing business plans etc and applying for a permit which allows us to work/pursue gainful (self-) employment in Switzerland?

4. Last question for now - if we have a GmbH in one canton, but live in another, does that matter/complicate things at all?


Any clarity would be appreciated.

It does....

Our situation was not disimilar to yours and we've had endless hassels. Apparently self-employed in Ch doesnt cut it, Unless you are Tina Turner or someone famous. They prefer a work contact even if it's a crappy one. We run a business outside of Ch and would even be prepared to open a branch here.
As for the money thing, the official told me he doesn't care how much money I have in the bank he wants to see an employment contract.
Hope this helps you, its best to know up front what you are getting into. Cantons do differ in their interpretation, but self employed is always a problem . Open a swiss company rather.
best wishes D

I have read it in few threads, but I can't find any actual information on the Federal Office of Migration on same-sex visas so I am really puzzled.
I have an EU-17 passport and have been granted a B permit since my company relocated me here in Switzerland. My partner is Australian.
What option do I have to bring him over to Switzerland?
I had a look at the registered parternship http://www.admin.ch/ch/f/rs/211_231/index.html
But it doesn't actually says much

I am sure other same-sex couples with 1 being EU-17 managed to get some information?
Any help? thanks...

Have you read the Q&A at the very top of the thread?

hey there... yup I have

Q. Is my significant other allowed to work?
A. Yes, provided the union is official (marriage, civil partnership), and regardless of nationality.

but it's on a forum... where can I find this information on an official channel as immigration? I have been looking everywhere and I can find documentation on how to apply for ther registered partnership, but not that this partnership will grant a visa. If I look at the family reunion visa option it only mentions the word spouse.
That's why I am puzzled...
So, if he comes here and we do a registered partnership, then what?

Thanks again for any feedback... just very frustrated...

The dispositions cover both heterosexual and homosexual relationships. However, in principle, for the right of family reunion to be invoked, the union needs to be official prior to the move and the spouse needs to reside within the EU at the time of the application.

The relevant supporting documentation is found in the Confederation Q&A which is linked to in the topmost sticky.

so basically I have no real options?
In Australia there's not a defacto status or a registered parternship, although we can sponsor a same sex partner by showing proof of living together for 12 months, etc...

Thanks again...

You could get the partnership officialised in Switzerland then apply for reunification under the auspices of the Aliens Law which would govern this case. The end-result is more or less the same but the process is a little bit more tortuous.

You could also try applying for reunification outright preparing sufficient documents to show the union is legit - sometimes they're not too detail-obsessed when processing EU-nationals applications. Worst case they'd say no...

How about you and your nasty attitude go play in the traffic swiss bob, some of us have lives to live and are not as clued up as you about how quotes work on here.