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Old 01.03.2021, 14:46
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Work with Swiss contract and live in a non/EU country

Hi all,
We have Permit B since 2018 and my wife works in Zug with a Swiss contract.
For personal reasons, we will have to return to our Homeland (Argentina) and we are wondering if it could be possible to keep the Swiss contract, work virtually from Argentina most of the time and my wife tio make frequent trips to Switzerland for Business purposes. We have Argentina and French passports.
Would it be possible to keep the Permit B as working with Swiss contract? We would still rent a flat in Zug, pay taxes and Health insurance for my wife only...
Any ideas of restrictions regarding Permit B?
Thanks for your help
Regards
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  #2  
Old 01.03.2021, 15:07
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Re: Work with Swiss contract and live in a non/EU country

Not possible, but wouldn't it be lovely if we could all live in any country we wanted to with a Swiss salary?
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Old 01.03.2021, 15:09
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Re: Work with Swiss contract and live in a non/EU country

What does your employer say? And how do you plan to manage the time difference?


And of course as SusieQ said :-)
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Old 01.03.2021, 15:18
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Re: Work with Swiss contract and live in a non/EU country

There are different things:

-Working for your employer from remote
-Having a "Swiss" contract.
-Keeping your permit B.

Working for your employer from remote is the "simplest". They just have to agree and be o.k. with it.

The last one needs that you are actually reside in the country. Just having a flat here and coming for a few business trips only will not cut it.

I am not sure what you mean with "Swiss" in "Swiss contract". If you are not a Swiss resident you are not subject to Swiss social security. You might however be subject to the social security scheme in your country of residence. It would be, what is known in Switzerland, if your employer is located abroad and has no offices in Switzerland, as a "ANOBAG" situation.
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  #5  
Old 01.03.2021, 15:22
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Re: Work with Swiss contract and live in a non/EU country

Everything everyone said above and... I don't think flying in and out of Switzerland from Argentina will be that easy in the next 12 months....
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Old 02.03.2021, 10:06
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Re: Work with Swiss contract and live in a non/EU country

Thank you for your comments...
In fact, my wife would be hired to work in Switzerland and will have a local Swiss contract as she has Permit B... then, we would propose the employer to work remotely keeping a house, internet, mobile, health insurance, Bank account and paying taxes in switzerland...
In order to keep Permit B, what happens if she enters Switzerland every 2 months for a week or so... what is the min days she has to be in Swiss territory per calendar year (or since she first leave Switzerland?) in order to keep the Permit B?
Hope this is clearer now... this is only in order to understand the possibilities (or not) to do this...
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Old 02.03.2021, 10:12
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Re: Work with Swiss contract and live in a non/EU country

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what is the min days she has to be in Swiss territory per calendar year (or since she first leave Switzerland?) in order to keep the Permit B?
183

Tom
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Old 02.03.2021, 11:00
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Re: Work with Swiss contract and live in a non/EU country

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183
Plus some additional rules, which are explained (with references to court decision) in the SEM Weisungen. Chapter 3.4.3
https://www.sem.admin.ch/dam/sem/de/...ngen-aug-d.pdf
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Old 02.03.2021, 11:44
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Re: Work with Swiss contract and live in a non/EU country

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In fact, my wife would be hired to work in Switzerland and will have a local Swiss contract as she has Permit B... then, we would propose the employer to work remotely keeping a house, internet, mobile, health insurance, Bank account and paying taxes in switzerland...
So she wouldn't tell them that she'd actually be in Argentina? Can't see that going wrong at all

The only option she really has (if she wants to spend more than 6 months of the year in Argentina) is to ask her employer if they will pay her to work from them remotely from Argentina. Nothing to stop them doing that. (They'd pay her gross I assume and she'd pay necessary deductions to ARG government).
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Old 02.03.2021, 11:53
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Re: Work with Swiss contract and live in a non/EU country

Yea and don't think you can get past getting caught, especially in a canton like Zug.
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Old 02.03.2021, 13:04
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Re: Work with Swiss contract and live in a non/EU country

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Thank you for your comments...
In fact, my wife would be hired to work in Switzerland and will have a local Swiss contract as she has Permit B... then, we would propose the employer to work remotely keeping a house, internet, mobile, health insurance, Bank account and paying taxes in switzerland...
In order to keep Permit B, what happens if she enters Switzerland every 2 months for a week or so... what is the min days she has to be in Swiss territory per calendar year (or since she first leave Switzerland?) in order to keep the Permit B?
Hope this is clearer now... this is only in order to understand the possibilities (or not) to do this...
The question is why are you/she wanting to keep the permit? Better salary? Think it would be easier to come back here later? Because it would be much easier all round to simply ask her employer to let her work remotely from Argentina on a local contract there and then she pays taxes, etc, in Argentina. Has she even asked her employer if they'd consider that yet?

She would have to spend the majority of her time here, not just a few business trips of a few days. In order to qualify for any permit you have to show that your centre of life is here in Switzerland; which clearly wouldn't be the case in this scenario.

And as kri mentioned travelling to/from Argentina to Switzerland will be a ngihtmare for some time to come methinks.
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Old 02.03.2021, 13:11
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Re: Work with Swiss contract and live in a non/EU country

Not possible. But, even if it were, what does the employer think (first and foremost)?
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Old 02.03.2021, 13:14
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Re: Work with Swiss contract and live in a non/EU country

Thanks for your feedback.
I think that we will try to arrange a Remote way of working upfront and see what are the options...
Thanks!
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Old 02.03.2021, 13:19
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Re: Work with Swiss contract and live in a non/EU country

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Thanks for your feedback.
I think that we will try to arrange a Remote way of working upfront and see what are the options...
Thanks!
Do you mean...?

"Thanks for your feedback.

I think we will arrange to do whatever we want to do without considering the legality of working most of the time on another continent."


Many of us will be losing our flexibility/freedom from our employers due to stunts like these...
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Old 03.03.2021, 14:51
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Re: Work with Swiss contract and live in a non/EU country

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Do you mean...?

"Thanks for your feedback.

I think we will arrange to do whatever we want to do without considering the legality of working most of the time on another continent."


Many of us will be losing our flexibility/freedom from our employers due to stunts like these...
Dear Susie,
What I meant was to discuss upfront with the employer in order to define if there is a way to work remotely whithin the legal framework...not thinking of getting anything illegal in Switzerland!
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Old 03.03.2021, 15:57
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Re: Work with Swiss contract and live in a non/EU country

Petergantroupous, when making your proposal you might be wise to focus on what benefit such an arrangement would bring to the employer. What's the business case?

After the initial WFH/cyber nomad hype, the reality is now starting to set in as companies look at this 'New Paradigm!' a bit more in depth. In anticipation of the pandemic pause button being turned off, issues of liability, taxes, unexpected costs etc arising from off site or cross border office locations are being explored - sometimes with eye opening realizations.

Just something to keep in mind.
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