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Old 16.12.2014, 00:52
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Contracting through a UK Agency

Hi,

I have been living here on a EU/EFTA B permit (I'm a New Zealander but my wife is European) for almost 7 years. Recently I was made redundant and I have found a new contract, but via a recruitment agency in the UK.

My employment contract will be with them but working for a Swiss company on site.

To complicate matters, my B Permit is up for renewal during this contract in a few months time.

Obviously I have to mention my new employment situation to the local Kreisbüro - could this be a problem? I.e. is it possible I could be downgraded to an L permit?

Is it even legal for me to remain here if my contract is with a UK company?

I have an alternative option which is with a local recruitment agency which may be safer bet, any thoughts?
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Old 16.12.2014, 02:57
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Re: Contracting through a UK Agency

Hey mate,

I don't think you will encounter any problems. You're OK on the grounds of marriage to EU'er. Although your work situo is not the norm, its far from not normal as a international consultant. Maybe ask the local Swiss company to "sponsor" your B permit when its up for renewal? Be upfront. e.g., I used to work for a French company (in the UK) while living in CH. Now I am working as a consultant in Norway, all the while continuing to live in CH - all on a B permit! You will of course need additional health insurance, I use Swiss Care-. Tax time will be complicated. I assume your wife is a C permit. You'll likely be taxed twice (joint income), and it takes some meddling to prove you are already being taxed elsewhere.

Cheers,
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Old 16.12.2014, 08:06
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Re: Contracting through a UK Agency

It's not a problem. If your wife has a B permit so will you, end of story. You'll just need to provide a copy of your contract with the UK company showing you're working for a Swiss company when you apply for the renewal.

From the family reunification page of ch.ch:

"Regardless of the nationality of the family member, he/she will receive an EU/EFTA residence permit (even if the person is a third-state national). This permit will have the same period of validity as your own residence permit. Family members may take up employment but must register with the cantonal immigration and labour market authorities."

https://www.ch.ch/en/family-reunification-eu-efta
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Old 16.12.2014, 08:09
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Re: Contracting through a UK Agency

Usually, the UK agency will have a Swiss office or a Swiss company to do payroll for them. I don't think you will be on the UK payroll, if that is the case look for a new job asap. It will come back to bite you in the end, the longer it goes on the more you will have to pay.
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Old 16.12.2014, 08:40
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Re: Contracting through a UK Agency

indeed someone somewhere is running payroll for them. What cut are they taking? You'll be paying a slice to the agency and slice to the payroll company.

the authorities will be happy you're off their books as unemployed, I'd not worry too much about that. If your permit is not limited (as it should not be due to your wife's status) then you'll be fine.
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Old 16.12.2014, 14:47
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Re: Contracting through a UK Agency

Thanks for the responses everyone!

After further discussions with the agency it seems I will be employed by a Swiss company (the payroll guys) after all, just not in ZH (again, not sure if that will be an issue either as my work permit was issued by canton ZH).

Yes, they're all taking their piece of the pie but I have to accept that...
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Old 16.12.2014, 16:29
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Re: Contracting through a UK Agency

Quote:
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Thanks for the responses everyone!

After further discussions with the agency it seems I will be employed by a Swiss company (the payroll guys) after all, just not in ZH (again, not sure if that will be an issue either as my work permit was issued by canton ZH).

Yes, they're all taking their piece of the pie but I have to accept that...
Again, that won't be a problem because your permit isn't dependent on the job, it's dependent on your spouse. All they will probably ask is if you're still working to which you can truthfully answer yes.
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Old 16.12.2014, 20:35
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Re: Contracting through a UK Agency

Thanks Medea Fleecestealer, that's exactly what the Kreisbüro told me today.
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