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Old 28.10.2017, 18:29
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freelance job

I need some help. I am non-EU and have 5 year B permits with working permits in Switzerland. I currently have offer working for a company in Germany. After reading some thread here, One of the easy way is to use a payroll company. My question is that if the contract indicates onsite support, Do I have to get work permits in Germany? Is any way which can be workaround? The company basically agrees that I can work at home and occasionally to meet in Germany for meetings.
What I should suggest in the contract? Anyone has experience?
Thanks
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Old 28.10.2017, 18:32
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Re: freelance job

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I need some help. I am non-EU and have 5 year B permits with working permits in Switzerland. I currently have offer working for a company in Germany. After reading some thread here, One of the easy way is to use a payroll company. My question is that if the contract indicates onsite support, Do I have to get work permits in Germany? Is any way which can be workaround? The company basically agrees that I can work at home and occasionally to meet in Germany for meetings.
What I should suggest in the contract? Anyone has experience?
Thanks
Assuming your permit is not tied to an employer.
If you work in Germany, you need a permit to be able to work in Germany. Will your salary be enough to stay in Switzerland?
Is it a job as a contractor or will you be an employee?

Edit: just read the title: freelance

Last edited by roegner; 28.10.2017 at 18:39. Reason: Not reading properly
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Old 28.10.2017, 18:37
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Re: freelance job

yes, my permits not tied to any employer. Germany company agrees that it will based on contractor, so I will be able to pay Swiss tax and pension, therefore I will use an payroll company. But I just wonder in the contract, shall I require to define the project location is in CH? so I don't need to apply German work permit?


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Assuming your permit is not tied to an employer.
If you work in Germany, you need a permit to be able to work in Germany. Will your salary be enough to stay in Switzerland?
Is it a job as a contractor or will you be an employee?
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Old 28.10.2017, 18:39
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Re: freelance job

If your place of work is written down as somewhere in Germany, you need a permit
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Old 28.10.2017, 18:42
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Re: freelance job

Thanks! So if it is written down the place of work is home office with requirement of business meeting in Germany, then I will be ok with Swiss permits?


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If your place of work is written down as somewhere in Germany, you need a permit
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Old 28.10.2017, 18:49
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Re: freelance job

You need to check if the EU has a similar system to this Swiss one:

https://www.sem.admin.ch/sem/en/home...verfahren.html
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Old 28.10.2017, 19:00
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Re: freelance job

Thanks, but I am not EU..... which makes the case more complicated


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You need to check if the EU has a similar system to this Swiss one:

https://www.sem.admin.ch/sem/en/home...verfahren.html
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Old 28.10.2017, 19:04
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Re: freelance job

Important information

If you are not a national of a Member State of the European Union (EU) or the European Economic Area (EEA) and would like to remain in Germany permanently, you will need a residence permit to do so. In addition to your visa for entry and subsequent short-term period of residence, there are different types of permit for long-term residence in Germany:
Residence permit
EU Blue Card
Settlement permit
Permanent EU residence permit
The residence permit issued to Swiss nationals and their family members merely certifies the right to freedom of movement. If you are a family member of an EU or EEA citizen and therefore covered by the right to freedom of movement, you will be issued with a corresponding residence card.

http://www.bamf.de/EN/Willkommen/Auf...onen-node.html
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Old 28.10.2017, 19:14
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Re: freelance job

I am only planning to go there based on travel basis. Most of work can be done at home. Is anyone who has remote office experience? How to define the contract so I won't need to register in another county? Thanks


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Important information

If you are not a national of a Member State of the European Union (EU) or the European Economic Area (EEA) and would like to remain in Germany permanently, you will need a residence permit to do so. In addition to your visa for entry and subsequent short-term period of residence, there are different types of permit for long-term residence in Germany:
Residence permit
EU Blue Card
Settlement permit
Permanent EU residence permit
The residence permit issued to Swiss nationals and their family members merely certifies the right to freedom of movement. If you are a family member of an EU or EEA citizen and therefore covered by the right to freedom of movement, you will be issued with a corresponding residence card.

http://www.bamf.de/EN/Willkommen/Auf...onen-node.html
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Old 28.10.2017, 19:28
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Re: freelance job

The Swiss payroll service will be your legal employer and there will be an employment contract between it and you. The payroll service will then contract with the German company which will pay it for your services (and make an uplift).

To summarize, you will continue to work in Switzerland as before but with a new employer, the Swiss payroll service.
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Old 28.10.2017, 19:42
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Re: freelance job

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Thanks, but I am not EU..... which makes the case more complicated
No, you are not getting the point. This system allows workers from the EU to come here and work for up to 90 days, regardless of their nationality - so long as they live and work in an EU country.

It may be that the EU has a similar system allowing people who live and work in Switzerland, be they Swiss nationals or people who have a Swiss permit, to do short time work in an EU country so long as they're properly registered beforehand.
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Old 28.10.2017, 19:52
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Re: freelance job

Sorry, I see your point now. When I lived in US and had many business trips to Germany. it said 90 days duration on my visa. I guess you don't need to register if you stay less than 90 days for business in Germany.
Thank you very much

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No, you are not getting the point. This system allows workers from the EU to come here and work for up to 90 days, regardless of their nationality - so long as they live and work in an EU country.

It may be that the EU has a similar system allowing people who live and work in Switzerland, be they Swiss nationals or people who have a Swiss permit, to do short time work in an EU country so long as they're properly registered beforehand.
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Old 28.10.2017, 20:05
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Re: freelance job

Don't assume, check with the German authorities. You're not in the US now, you're in Switzerland and rules are different.

Plus as Mullhollander points out your employer is the payroll company, not the German client. So you need to talk to them about how these things work.
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Old 28.10.2017, 20:50
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Re: freelance job

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it said 90 days duration on my visa. I guess you don't need to register if you stay less than 90 days for business in Germany.
Thank you very much
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Don't assume, check with the German authorities.
Does that visum allow you to work? Better check that out as MF mentioned
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Old 28.10.2017, 20:58
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Re: freelance job

It is a business visa. so it allows me to have business meeting in Germany. If I am employed by a Swiss (payroll) company and the contracts indicates the activities is in Switzerland. I will only need to comply the Swiss authority and my stay in Germany is limited to the business visa allows, isn't it?

I will definitely check with German authority.
Thank you

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Does that visum allow you to work? Better check that out as MF mentioned
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