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Old 06.02.2021, 18:24
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Non-EU B Permit - Live in Zurich and work in Basel

Hi,

I am currently living in Zurich since 2 years on an L permit along with my wife. This L permit is about to expire in the next 3 weeks and I have now found a new job (unlimited/permanent contract) in Basel for which my B permit is also approved, starting from the very next day when my L permit expires.

Me and my wife have lived in Zurich for 4 years altogether (2 years on 2 L permits with a 1-year cooling off in between during which we moved abroad). My wife is not working and we are non-EU citizens.

Questions:-

1. Am i legally supposed to shift houses and move to Basel or can I just go to the Zurich migration office and apply for a residence permit for me and my wife and 5-month old kid (born in Zurich) in Zurich itself? I can state that we are well settled and integrated in Zurich for instance, and already have a heavily invested and furnished rental apartment here. Moreover, Zurich to Basel is just 55 minutes by train and everyone currently is in home-office mode due to COVID-19 anyway.

2. Can I take a separate rental apartment (flat-sharing) in Basel for overnight stays for instance for days when I am in the Basel office till late night? (this will be a very rare occurrence). If I do this, do I need to explicitly register it as my living address at the Basel migration office?

In summary, we just want to continue living in Zurich as I can anyway travel from Zurich to the Basel office whenever needed. Thanks in advance for your reply.
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  #2  
Old 06.02.2021, 19:50
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Re: Non-EU B Permit - Live in Zurich and work in Basel

You can try going to the Zurich migration office to see if they'll grant you a new permit, but there are no guarantees. Normally, yes, you are expected to uproot yourself and move to the canton where your workplace is.
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Old 06.02.2021, 21:27
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Re: Non-EU B Permit - Live in Zurich and work in Basel

As per Art 37 Point 2 that is mentioned in the below link, it seems that residence location need not be the same as the work location. Please advise:-

https://www.englishforum.ch/employme...er-non-eu.html

A few more questions:-

1. If I am allowed by the authorities to continue staying in Zurich, can I nevertheless take up another shared apartment in Basel without registering it as a change of residence?

2. If I indeed am forced to relocate to Basel, can I still continue to keep my Zurich apartment as rented to myself or do I need to mandatorily vacate it? If I am allowed to keep both apartments, how will the residence for tax purposes be determined?

Basically in the worst case scenario, even if I am forced to relocate to Basel, I would like to move alone as a makeshift arrangement (keeping both apartments, frequent travels between the two cantons etc) and do not want to make my wife and kid move as well because they like Zurich and are well settled.
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Old 07.02.2021, 16:16
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Re: Non-EU B Permit - Live in Zurich and work in Basel

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As per Art 37 Point 2 that is mentioned in the below link, it seems that residence location need not be the same as the work location. Please advise:-

https://www.englishforum.ch/employme...er-non-eu.html
You quoted point 2 but did you read point 1? You need permission. You simply want reverse permission from what's described. Instead of permission to move TO Basel, you want permission FROM Basel to remain in Zurich.

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Here is the relevant law in English...

Art. 37 Change of the place of residence to another canton

1 Persons with a short stay permit or a residence permit who would like to relocate their place of residence to another canton must apply for the appropriate permit from the new canton beforehand.
The reasoning is that you pay taxes where you reside. So you need permission from Basel to continue remaining in Zurich. If you don't relocate to Basel then they won't get your taxes.

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A few more questions:-

1. If I am allowed by the authorities to continue staying in Zurich, can I nevertheless take up another shared apartment in Basel without registering it as a change of residence?

2. If I indeed am forced to relocate to Basel, can I still continue to keep my Zurich apartment as rented to myself or do I need to mandatorily vacate it? If I am allowed to keep both apartments, how will the residence for tax purposes be determined?

Basically in the worst case scenario, even if I am forced to relocate to Basel, I would like to move alone as a makeshift arrangement (keeping both apartments, frequent travels between the two cantons etc) and do not want to make my wife and kid move as well because they like Zurich and are well settled.
1. Yes, you could rent an apartment in Basel. You would register there as a Wochenaufenthalter - basically weekday resident.

2. Yes, you can pay rent on two apartments if you wish. Your tax residence is where you're registered as living. For now that's Zurich. If you completely move to Basel then it's Basel (Land or Stadt, depending where you choose).

If your family is well-settled in Zurich it seems reasonable to argue that you should stay resident there. Maybe reach out to the Zurich authorities and explain what you want to do, and ask them how to do it. Zurich will be happy to keep your tax money.
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Old 07.02.2021, 18:50
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Re: Non-EU B Permit - Live in Zurich and work in Basel

You say in the original post “I have now found a new job (unlimited/permanent contract) in Basel for which my B permit is also approved” - which authority has approved your B permit? Kanton Zurich, or Basel (one of the two)? You will have to move to the Kanton that issued the permit. In which case, why didn’t you go to ZH and ask them to issue B permit after your L expires based on the contract in Basel? In my case (also non-EU) Kanton Zurich issued B permit based on a working contract in Kanton Luzern (after I changed the jobs).
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Old 07.02.2021, 19:09
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Re: Non-EU B Permit - Live in Zurich and work in Basel

Sure, please allow me to clarify:-

Presently, I have a work permit for Zurich and a corresponding L Residence permit card for Zurich. Both of these are expiring on 28-Feb-2021.

A few months ago, I applied for a job posting in Basel, the employer offered me a permanent/unlimited contract job offer starting from 1-Mar-2021, filed a work permit application for me and it got approved. In the next 2-3 days I am expecting to receive that 1-pager document (it is normally called "ermachtigung zur visumerteilung (einreiseerlaubnis)" or "stellenantritt"). Once I receive that, my desire is to go to the Zurich migration office with that document and ask them to give me a new residence permit card valid from 1-Mar-2021 onwards, for me and my family (already living with me in Zurich presently, on the same L residence permit card as above, since day 1).

Based on the above situation, I wanted to know if it is legally okay to continue living in Zurich and traveling and working in Basel, or whether any of the cantons would raise issues and object to it. Me and my family have a 4+ year history of living in Zurich and hence do not want to shift cantons especially when it is home-office everywhere at present due to COVID-19 and also because Zurich to Basel is not so difficult to commute whenever needed (55 minutes by train).





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You say in the original post “I have now found a new job (unlimited/permanent contract) in Basel for which my B permit is also approved” - which authority has approved your B permit? Kanton Zurich, or Basel (one of the two)? You will have to move to the Kanton that issued the permit. In which case, why didn’t you go to ZH and ask them to issue B permit after your L expires based on the contract in Basel? In my case (also non-EU) Kanton Zurich issued B permit based on a working contract in Kanton Luzern (after I changed the jobs).
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Old 07.02.2021, 19:15
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Re: Non-EU B Permit - Live in Zurich and work in Basel

If you get a permit B you can change the canton. Basel Stadt must approve, but I do not see any reason why they could deny it.

If you get yet another permit L than it is more tricky.
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Old 07.02.2021, 19:19
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Re: Non-EU B Permit - Live in Zurich and work in Basel

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If you get a permit B you can change the canton. Basel Stadt must approve, but I do not see any reason why they could deny it.

If you get yet another permit L than it is more tricky.

My lawyer has confirmed that it is a B permit that the Basel authorities have approved, and that I will receive that 1-pager document (mentioned in my above post) in the next 1-3 days. Once I get that 1-pager document, my lawyer has told me that I need to go to the migration office and apply for residence permit cards for me and my family.

Could it be possible that my employer should have a problem with this (living in Zurich and not in Basel)?
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Old 07.02.2021, 19:49
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Re: Non-EU B Permit - Live in Zurich and work in Basel

Your employer should have no issues with you living in Zurich and working in Basel.

As your L permit is expiring on 28.02, with the new working contract and “stellenantritt“ it should be possible to request permit extension and change to B in ZH as of 01.03.2021. I suggest to pay a visit (or a call) to your Kreisburo and ask.

Cheers!
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Old 07.02.2021, 19:58
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Re: Non-EU B Permit - Live in Zurich and work in Basel

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Could it be possible that my employer should have a problem with this (living in Zurich and not in Basel)?
No. Employer is not involved in place of residence. Also keeping the residence in Zurich should be a just a formality. A formality never the less. Be prepared for a bit of bureaucratic fun.

Oh, a lot of joy with your new job.
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Old 09.02.2021, 17:27
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Re: Non-EU B Permit - Live in Zurich and work in Basel

Hi All, thanks a lot for your inputs. This forum is simply fantastic and has solved so many of my queries so easily!!

Just one last question: Suppose due to various reasons I need to move to Basel and register there (let's assume there is no other choice). In other words, I need de-register myself at Zurich, take an apartment in Basel and visit the Basel Kreisburo with the rental contract and ask them to issue residence permit cards to me and my family.

After all this, can I still continue keeping my Zurich rental apartment (although this will no longer be my "registered" address) or is it that the Zurich immobilien company will automatically get notified about my deregistration/registration in Zurich/Basel respectively and could ask me to vacate the apartment?

Normally, I would assume that the immobilien company should be fine as long as he is getting the rent from me on time and I have been a good/peaceful tenant, but just want to ask in this forum if this could not be the case.
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