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Old 23.03.2021, 12:30
bgj bgj is offline
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Spouse: EU/Schengen citizen working in other country - overstaying tourist?

Hi there,
We are a married Danish couple. I am a Swiss resident, B-permit, working and living in Switzerland. My spouse is employed 50% in Denmark and is currently a Danish resident.

When she is with me in Switzerland, she is here as a tourist. But as it has turned out, she would sometimes like to stay more than 90 days in a 180 days period, when her work back in Denmark allows for it.

I got in touch with the Cantonal immigration office, and they basically said that either she has to become a resident (with all that it implies: social insurance - not only health insurance but that the Danish employer will pay into the Swiss system, not staying here less than 6 months per year, etc), or come as a tourist. There is nothing in between. The lady at the office also said that since we are a married couple, she thinks that she should be here with me and that I should support here. The conversation kind of stagnated after that.

Obviously, she will not quit her job in Denmark to come and be supported by me in Switzerland. It's 2021, not 1970. Neither will the company she is working for have anything to do with Switzerland - they are afraid of tax related issues if they have Swiss residents as employees (I have heard this from other companies as well, and whether or not it is true does not matter for our situation).

So my main question is: any inputs how to deal with this in practice?

- Is there another permit or way to solve this - suggestions?
- What happens if you overstay the allowed tourist-period (given that they find out)?
- What happens in practice if she becomes a resident (B-permit) and then simply go and work in Denmark, without de-registering from Denmark?

Happy for inputs, it feels kind of hopeless to solve this properly!
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