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Old 07.09.2015, 20:00
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Commuting to London from Switzerland?

Hi


I have been resident for more than 10 years in Switzerland, being an EU national, with a C permit since 5 years. Working and living here.


Now would C permit rules allow to take a new job and second flat in London from a non-Swiss employer, and commute Switzerland to London on a weekly or even monthly basis?


UK would consider me resident under their rules since spending more than 180 days per year there. But I would never be away longer than 6 months from Switzerland, the only rule I am aware of. I would be OK with being multi-resident for tax etc.


Would other Swiss permit C rules disqualify me from being resident here and keeping the permit?


Thanks in advance
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Old 07.09.2015, 20:07
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Re: Commuting to London from Switzerland?

Plenty of people are dual resident.

If you start a full time job you will be UK resident from day 1.

If you returned to CH on a weekly basis, then you would have no problems, however if you start taking the piss & only staying 1 night in 6 months they will notice eventually.

You will need to do a Swiss tax return as well as a UK one, paying health insurance in CH.

Seems an odd thing to do, is a C really so valuable? I gave mine up last year, being EU I can come back at any time if I wanted to.

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Hi


I have been resident for more than 10 years in Switzerland, being an EU national, with a C permit since 5 years. Working and living here.


Now would C permit rules allow to take a new job and second flat in London from a non-Swiss employer, and commute Switzerland to London on a weekly or even monthly basis?


UK would consider me resident under their rules since spending more than 180 days per year there. But I would never be away longer than 6 months from Switzerland, the only rule I am aware of. I would be OK with being multi-resident for tax etc.


Would other Swiss permit C rules disqualify me from being resident here and keeping the permit?


Thanks in advance
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Old 07.09.2015, 20:19
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Re: Commuting to London from Switzerland?

Thanks for the quick reply.


I also have a company registered in Switzerland, and swiss-french "Sarl" rules require at least one Swiss-resident partner, which is me. I do not want to change the existing partnership.


Also in 2 years with 12 yrs continued residence, I can apply for Swiss passport which increases freedom again, though marginally...


If you come back you need an employer sponsorship again to get a new permit, no? Or did you have it suspended?
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Old 07.09.2015, 20:19
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Re: Commuting to London from Switzerland?

It's also the number of days you're resident here - 183 I believe to qualify as being resident unless you've had your permit put on hold for some reason. So yes, sooner or later they're going to notice. Plus why would you want to have to continue paying Swiss health insurance premiums when you'd have the free NHS service in the UK? Not to mention, presumably, the cost of two rental properties, etc.

Edit: If you're an EU national, no you don't need an employer to apply for a permit for you. You can move back here and job hunt for 3 months with no problems.
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Old 07.09.2015, 20:26
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Re: Commuting to London from Switzerland?

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If you come back you need an employer sponsorship again to get a new permit, no? Or did you have it suspended?
Most EU can turn just up as a job seeker, self employed, employee or self sufficient.
I cancelled mine, I still have it as they did not ask for it back.
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Old 07.09.2015, 20:59
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Re: Commuting to London from Switzerland?

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It's also the number of days you're resident here - 183 I believe to qualify as being resident unless you've had your permit put on hold for some reason. So yes, sooner or later they're going to notice. Plus why would you want to have to continue paying Swiss health insurance premiums when you'd have the free NHS service in the UK? Not to mention, presumably, the cost of two rental properties, etc.

Edit: If you're an EU national, no you don't need an employer to apply for a permit for you. You can move back here and job hunt for 3 months with no problems.


Thanks.


"183 days per year" rule as in the UK? It would disqualify me, spending only weekends in CH regularly, but I am not aware of its existence. "180 consecutive days outside Switzerland" disqualifies, to my knowledge, so coming back regularly should keep me qualified. Happy to stand corrected with references to official Swiss administration websites though if anybody knows for sure.


A job in the UK with health insurance cover can liberate you from Swiss health insurance obligations, some friends have this set up.


Other double costs of course but London finance compensation takes care of it...
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Old 07.09.2015, 21:21
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Re: Commuting to London from Switzerland?

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Thanks.


"183 days per year" rule as in the UK?
The UK does not just have a 183 days per year rule, it's much more complicated than that. The Statutory Residence Test guidance notes run to 105 pages.

https://www.gov.uk/government/upload...ted_078500.pdf

Last edited by 3Wishes; 07.09.2015 at 22:13. Reason: fixed quoting
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Old 07.09.2015, 21:29
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Re: Commuting to London from Switzerland?

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Thanks.


"183 days per year" rule as in the UK? It would disqualify me, spending only weekends in CH regularly, but I am not aware of its existence. "180 consecutive days outside Switzerland" disqualifies, to my knowledge, so coming back regularly should keep me qualified. Happy to stand corrected with references to official Swiss administration websites though if anybody knows for sure.


A job in the UK with health insurance cover can liberate you from Swiss health insurance obligations, some friends have this set up.


Other double costs of course but London finance compensation takes care of it...
I'm not 100% sure on that, but the Swiss do expect you to spend most of your time here rather than elsewhere unless you've been sent to work abroad by your Swiss employer for example. That's why you were granted the permit in the first place. If you're travelling back every couple of weeks or every weekend it shouldn't be a problem, it's more as fatmanfilms says - if you disappear for months then only come back for a couple of days before disappearing for months again it'll be noticed.

This may help too:

"A Swiss resident is somebody whose legal residence is Switzerland. This is a Swiss legal notion that means that an individual has his center of life in Switzerland. One of the consequences is that he becomes a Swiss taxpayer.

You cannot be a Swiss resident by just registering, like you would for example subscribe to a golf club but never go. This means that if you are granted a Swiss residence permit, you need to actually move to Switzerland and live there for good. If you cannot stay for 180 days a year or more, then you must make sure that you do not spend more time in any other specific country than you spend in Switzerland. That rules out residence permits given for people who spend a month a year in Switzerland.

Please note that Switzerland does not know the British distinction between resident and domiciled. Here in Switzerland, either you live in Switzerland and you are a taxpayer, or you are neither."

http://live-in-switzerland.com/e/faq...-resident.html

"I want to live in Switzerland but am not sure I can stay 180 days a year. Is it a problem?

If you become a Swiss resident, you are supposed to live in Switzerland for most of the year. This means a total of at least 180 days a year.

If your life leads you to spend time in several countries and perhaps less than 180 days a year in Switzerland, it doesn't mean that you cannot be or remain a Swiss resident. As long as you can show that your actual center of life in Switzerland (family, house, pets, etc...) and that you don't spend more time in any given country than in Switzerland, your resident status should not be challenged."

http://live-in-switzerland.com/e/faq/180days.html

I'd be surprised if a UK health insurance would meet Swiss requirements, but if you want to risk it go ahead.
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Old 07.09.2015, 21:47
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Re: Commuting to London from Switzerland?

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A job in the UK with health insurance cover can liberate you from Swiss health insurance obligations, some friends have this set up.

Most unlikely..... as UK medical insurance does not cover pregnancy for men, which rules out BUPA & many others.
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Old 08.09.2015, 05:48
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Re: Commuting to London from Switzerland?

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pregnancy for men
Eh?
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Old 08.09.2015, 07:27
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Re: Commuting to London from Switzerland?

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Eh?
That is what canton ZH had to say.......
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Old 08.09.2015, 17:43
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Re: Commuting to London from Switzerland?

I would contact the UK tax authorities as it is not as simple as it seems. We had a nightmare with them as they don't seem to take the days in the country as you presume.
I remember that they were interested in the days that fell in between the visits to the UK/Switzerland and we had to supply them with every date that we entered and left the country.
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Old 08.09.2015, 17:56
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Re: Commuting to London from Switzerland?

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I would contact the UK tax authorities as it is not as simple as it seems. We had a nightmare with them as they don't seem to take the days in the country as you presume.
I remember that they were interested in the days that fell in between the visits to the UK/Switzerland and we had to supply them with every date that we entered and left the country.
If you leave the UK & you don't have a full time job in CH, you have to be in the UK less than 16 nights to be conclusively non resident. If you don't have a job then connections count & you need to read the document I linked to.

Anyone even retires who leave the UK but retain a home will still best resident if they spend 91 days in the UK, in some circumstances with only 46 days in the UK.

They usually just count days at midnight.
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Old 09.09.2015, 13:20
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Re: Commuting to London from Switzerland?

Does it make a difference on your tax-form?
If your income primarily consists of the salary your company pays you and that continues to be the case - I doubt anyone will notice.

Though paying taxes and health-insurance (and probably all the other contributions) in the UK and here looks like an "interesting" situation, TBH.
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Old 09.09.2015, 13:41
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Re: Commuting to London from Switzerland?

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Does it make a difference on your tax-form?
If your income primarily consists of the salary your company pays you and that continues to be the case - I doubt anyone will notice.

Though paying taxes and health-insurance (and probably all the other contributions) in the UK and here looks like an "interesting" situation, TBH.
Many people pay taxed in multiple jurisdictions, as the UK liability will be higher than the Swiss liability there will just be some additional paperwork to fill in.
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