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Old 15.08.2015, 16:59
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Non EU, B Permit family reunion, German Husband move back to Germany

Good day all,

could someone share insight with me, how long I can stay and work in Switzerland, if my German husband goes back to Germany for work?

Background:
as a NON EU citizen, I got a B Permit due to Family reunion until 2019. My Germany husband has been working in Canton Zurich for over 5 years. He also has a B Permit.
I have a permanent work contract in Switzerland since beginning of 2014.
Currently, my husband has a chance to move back to Germany for work.

My question is, if my husband moves back to Germany, can I still stay and work in Switzerland, since my B Permit is due to "family reunion"?

Some people said that as long as my permit is valid (until 2019), nobody is checking it. However, I think the Swiss governemnt will one day notice it, when it comes to the time for annual tax declaration. It is because as a married couple, the tax declaration has to be combined together. So if my husband has no income from Switzerland, it is quite obvious that he might be not in Switzerland.

Could anyone help me out of this situation? Many thanks.
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  #2  
Old 15.08.2015, 18:01
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

Technically no. As your permit is tied to your husband's it means your employer has to apply for a new permit for you if you want to stay here without him. This means they would have to prove they can't find a Swiss/EU national who could do the job before they'd be able to keep you on. If the position is specialised enough you may be able to get a new permit.

https://www.bfm.admin.ch/bfm/en/home...zulassung.html

The other problems are double rent (your place and his), taxation (both countries presumably), health insurance, etc.

Also if he leaves permanently he's required to deregister with his gemeinde admin office which will flag up the query why you're not deregistering at the same time. The Swiss expect husband and wife to be living together, no matter which country that may be in - in fact it's part of the conditions for you getting a permit in the first place. If he doesn't deregister he will have difficulty cancelling his Swiss health insurance, any mobile phone contracts, etc, as on deregistration he'll get a document from the gemeinde which is used to cancel these things.

Now you could still try and bluff it out with him going and you staying, but as you said sooner or later you're likely to get found out, either from the taxation, nosy neighbours noticing your husband isn't around any more, etc. Whether you want to risk it for the sake of a job and not being with your husband too is up to you.

Why would you want to stay behind if your husband goes back to Germany anyway?
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Old 16.08.2015, 12:53
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

Many thanks for your answer.

I have a small correction. My husband has a C permit instead of a B. But i think it will not change the situation, as you have explained.

Well, actually I am also looking for jobs in Germany. But it is not that easy and I am just worried if until the day, when he has to move back, I still donīt have a new German job, what is the consequence for me. That is why I raised this question.

By the way, if my company apply a permit for me, I know that it is depends on the quote availability. Is this "Quote" shared among the whole Switzerland or there is "Quote" difference from canton to canton? What I am thinking is, the "Quote" competition is higher in Zurich, while maybe less competitive in other canton??
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Old 16.08.2015, 13:10
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

No, it makes no difference that he has a C permit, he'll still need to deregister as outlined which will flag up the fact that you're not deregistering and the authorities will want to know why.

The quota is shared by all the cantons - 2,500 total for the whole of Switzerland in a year for B permits. Some cantons will get more than others of course, it's not shared out equally. But it's mostly whether or not your employer can find a Swiss/EU who could do the job than whether the quota's applicable. If they can find one the quota won't come into it as they'll have to hire the Swiss/EU national over you. And your company can only apply in the canton that they're based in so "competition" doesn't come into it. If they're based in Zurich then they can't apply for a permit in Glarus for you.

Another question, do you live in the same canton as your workplace is based? Because this is another condition of getting an independent B permit so if you don't that could also cause problems as, assuming you get a permit, you would have to move to the new canton.

I'm not up on German permits, etc, but surely it would be better job-hunting wise if you can put on your CV that you have residency in Germany? They'd then know you already have the requisite permission to work there.
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Old 16.08.2015, 13:21
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

Your husband can stay registered in Switzerland as his principal residence. If he does that you can stay. it's probably the best option until you find a new job.
He'll probably have to spend the weekends here and you'll have to research how that will play out in Germany.
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Old 16.08.2015, 13:27
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

Yes, that's another possibility miniMia, I forgot about that. But he'd need to apply to change his C permit for a G.
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Old 16.08.2015, 13:39
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

@Medea Fleecestealer, my company is in Canton Aargau and currently we are living in canton Zurich. That means, if my husband deregisters himself, and if i am so lucky to get the independent B permit through my company in Aargau, I would have to live in Aargau. Is my understanding correct?

@miniMia and Medea Fleecestealer, this option sounds very good. Yet, his new working place would be in North West Germany, i.e. not at the boundary between Germany and Switzerland. Is this option of changing from C to G permit workable in his case?
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Old 16.08.2015, 13:58
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

Yes, unless you can get permission from both Zurich and Aargau cantons to stay where you are. It's a question of who gets your taxes as you're taxed where you live, not where you work. Some cantons are more willing to accept this than others.

It doesn't matter where his job is, as an EU national he can live/work anywhere, the border zones don't apply so long as he's in the EU/EFTA area. More on the permit here:

https://www.bfm.admin.ch/bfm/en/home...g_eu_efta.html

Usually it's people who live in a surrounding country and work in Switzerland, but I think it's possible to do it the other way around - live here and work elsewhere. If you decide to explore this option then check with your canton migration office to be sure.
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Old 16.08.2015, 15:00
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

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@Medea Fleecestealer, my company is in Canton Aargau and currently we are living in canton Zurich. That means, if my husband deregisters himself, and if i am so lucky to get the independent B permit through my company in Aargau, I would have to live in Aargau. Is my understanding correct?
No. You do not have to live in he same canton that you work.

Quote:
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@miniMia and Medea Fleecestealer, this option sounds very good. Yet, his new working place would be in North West Germany, i.e. not at the boundary between Germany and Switzerland. Is this option of changing from C to G permit workable in his case?
No. He would not need a G permit becuase a G permit if for working in Switzerland while living in another country.

He will be working in German while being officially resident in Switzerland, thus he keeps his C resident permit. You'll need to research this option from the German perspective.
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Old 17.08.2015, 23:27
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

Many thanks Medea Fleecestealer and miniMia. I was looking for the "thanks" button but could not find it. So I send my thank to you in this way. If you could tell me where is the "thanks" button, i would definiately press the button to you both. You are so great and helpful!!
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Old 17.08.2015, 23:33
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Re: Non EU, B Permit family reunion, German Husband move back to Germany

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Many thanks Medea Fleecestealer and miniMia. I was looking for the "thanks" button but could not find it. So I send my thank to you in this way. If you could tell me where is the "thanks" button, i would definiately press the button to you both. You are so great and helpful!!


No thanks needed. But you're welcome! I hope you find a way to work it out.

And the thanks button comes when you have 10 posts (I think it's 10).
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