Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 17.07.2011, 09:45
crazykittylady's Avatar
Forum Veteran
 
Join Date: Jul 2011
Location: Glatt
Posts: 764
Groaned at 117 Times in 68 Posts
Thanked 687 Times in 341 Posts
crazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond repute
Grad Student - freelance work not based in CH

Hi all!

I am returning to Switzerland in September of this year to study for Masters at UZH. I will be living in the canton of Aargau.

As a Canadian, I know that I can't get a permit for at least six months --if at all. I'm wondering if anyone knows the legal status of freelance work that is based in the country of citizenship? I have a few website design clients in Canada that I would rather not stop working with. I get paid in Canadian Dollars into my Canadian account. I know the difference with the chf will be a killer, but I just need a bit of cash flow to pay my bills at home (student loans).

Does anyone know if this is legal?
Reply With Quote
  #2  
Old 18.07.2011, 17:32
crazykittylady's Avatar
Forum Veteran
 
Join Date: Jul 2011
Location: Glatt
Posts: 764
Groaned at 117 Times in 68 Posts
Thanked 687 Times in 341 Posts
crazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

I guess absolutely nobody knows anything about this?
Reply With Quote
  #3  
Old 18.07.2011, 17:45
Forum Legend
 
Join Date: Jan 2007
Location: Geneva
Posts: 5,514
Groaned at 123 Times in 108 Posts
Thanked 3,297 Times in 1,737 Posts
Shorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

Quote:
View Post
I guess absolutely nobody knows anything about this?
The first few lines of this thread ought to have answered your question.
Reply With Quote
  #4  
Old 18.07.2011, 17:47
tearley's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Lausanne (Vaud)
Posts: 428
Groaned at 2 Times in 2 Posts
Thanked 409 Times in 190 Posts
tearley has an excellent reputationtearley has an excellent reputationtearley has an excellent reputationtearley has an excellent reputation
Re: Grad Student - freelance work not based in CH

This is a tricky question, but I think since you are getting paid there, (and your client or "employer" is Canadian) it's not a problem? (Edit: based upon post above, it seems that this is not allowed. Bummer!)

There may be some issues with taxation that you'll want to look into, since you'll be a resident in Switzerland. There's a part of the forum called "finance"--there are guides to Swiss taxes there (as well as tips on tax treaties etc.). Hopefully someone who knows a bit more than me can definitely answer your question!
Reply With Quote
  #5  
Old 18.07.2011, 18:24
crazykittylady's Avatar
Forum Veteran
 
Join Date: Jul 2011
Location: Glatt
Posts: 764
Groaned at 117 Times in 68 Posts
Thanked 687 Times in 341 Posts
crazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

Quote:
View Post
This is a tricky question, but I think since you are getting paid there, (and your client or "employer" is Canadian) it's not a problem? (Edit: based upon post above, it seems that this is not allowed. Bummer!)

There may be some issues with taxation that you'll want to look into, since you'll be a resident in Switzerland. There's a part of the forum called "finance"--there are guides to Swiss taxes there (as well as tips on tax treaties etc.). Hopefully someone who knows a bit more than me can definitely answer your question!
Well see, the reason I'm doubting the above has to do with the fact that I have no employer..
Reply With Quote
  #6  
Old 18.07.2011, 18:31
Forum Legend
 
Join Date: Jan 2007
Location: Geneva
Posts: 5,514
Groaned at 123 Times in 108 Posts
Thanked 3,297 Times in 1,737 Posts
Shorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

Quote:
View Post
Well see, the reason I'm doubting the above has to do with the fact that I have no employer..
No, you have a customer (or more) paying you money in exchange of work. To-mah-to. To-may-toe.
Reply With Quote
  #7  
Old 18.07.2011, 23:20
Member
 
Join Date: Jun 2010
Location: Zurich
Posts: 130
Groaned at 5 Times in 4 Posts
Thanked 19 Times in 15 Posts
m509272 has annoyed a few people around herem509272 has annoyed a few people around here
Re: Grad Student - freelance work not based in CH

So I'm still confused. The "customer" / "employer" has absolutely no Swiss presence and he came to CH with these arrangements already in place. I'm also not saying he has no CH tax liability. So how would this work?
Reply With Quote
  #8  
Old 19.07.2011, 09:47
Forum Legend
 
Join Date: Jan 2007
Location: Geneva
Posts: 5,514
Groaned at 123 Times in 108 Posts
Thanked 3,297 Times in 1,737 Posts
Shorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

Very simple - it wouldn't. There is no permission to work incorporated by default in a student permit. Whether employed or independent, for a domestic or foreign employer / client. The fact that the arrangements are already in place has absolutely no relevance as far as the law is concerned.
Reply With Quote
  #9  
Old 19.07.2011, 21:00
crazykittylady's Avatar
Forum Veteran
 
Join Date: Jul 2011
Location: Glatt
Posts: 764
Groaned at 117 Times in 68 Posts
Thanked 687 Times in 341 Posts
crazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond reputecrazykittylady has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

Quote:
View Post
Very simple - it wouldn't. There is no permission to work incorporated by default in a student permit. Whether employed or independent, for a domestic or foreign employer / client. The fact that the arrangements are already in place has absolutely no relevance as far as the law is concerned.
Well, I'm a bit unsure about this for several reasons.

1. When I was asking about acceptable guarantors at the consulate a couple of months ago, the person responsible for visas advised me that if I had an employer in Canada supporting me throughout the length of my studies, such a company could act as my guarantor and pay me throughout my studies. This sounds like a salary to me.

2. I looked through the document that was linked in the other thread about residency permits and there really wasn't anything there that I could find about the right to take on employment elsewhere, just the requirement to pay taxes on it...It's the same way for Canadians, I have to pay tax in Canada on worldwide income, students in Canada can work a certain number of hours, but that's only limited to Canadian employment, even though they pay worldwide income taxes... mind you, the document was a big french blurr... Civil Law can be a bit annoying to deal with.

Either way, I'm going to ask at the consulate when I go pick up my visa.. otherwise, I'll have to simply transfer ownership of my server to someone else. Seems silly to keep paying for something when I can't even cover my costs for the hosting.
Reply With Quote
  #10  
Old 19.07.2011, 23:32
Forum Legend
 
Join Date: Jan 2007
Location: Geneva
Posts: 5,514
Groaned at 123 Times in 108 Posts
Thanked 3,297 Times in 1,737 Posts
Shorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond reputeShorrick Mk2 has a reputation beyond repute
Re: Grad Student - freelance work not based in CH

Quote:
View Post
Well, I'm a bit unsure about this for several reasons.

1. When I was asking about acceptable guarantors at the consulate a couple of months ago, the person responsible for visas advised me that if I had an employer in Canada supporting me throughout the length of my studies, such a company could act as my guarantor and pay me throughout my studies. This sounds like a salary to me.
Very doubtful

Quote:
2. I looked through the document that was linked in the other thread about residency permits and there really wasn't anything there that I could find about the right to take on employment elsewhere, just the requirement to pay taxes on it..
Had you looked closer you'd find the link to the relevant body of law which has to say the following about paid work (article 11):

Quote:
Tout étranger qui entend exercer en Suisse une activité lucrative doit être titulaire d’une autorisation, quelle que soit la durée de son séjour. Il doit la solliciter auprès de l’autorité compétente du lieu de travail envisagé.

Est considérée comme activité lucrative toute activité salariée ou indépendante qui procure normalement un gain, même si elle est exercée gratuitement.
You will notice there is absolutely no reference to the employer's / client's domicile - but only to yours.

In further detail, the relevant ordinance says:

Quote:
Est considérée comme activité salariée toute activité exercée pour un employeur dont le siège est en Suisse ou à l’étranger, indépendamment du fait que le salaire soit payé en Suisse ou à l’étranger et que l’activité soit exercée à l’heure, à la journée ou à titre temporaire.

Est considérée comme activité lucrative indépendante toute activité exercée par une personne dans le cadre de sa propre organisation, librement choisie, dans un but lucratif, soumise à ses propres instructions matérielles et à ses propres risques et périls. Cette organisation librement choisie peut être gérée par exemple sous la forme d’un commerce, d’une fabrique, d’un prestataire de service, d’une industrie ou d’une autre affaire.
But by all means, doubt away....

Last edited by Shorrick Mk2; 19.07.2011 at 23:46.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Grad student & wife looking for [info about] apartments in Bern heypete Housing in general 1 25.05.2011 20:02
Student Visa for an American Grad Student CHFPR Permits/visas/government 2 01.05.2011 23:43
Spouse of Grad Student (non EU) Visa/residencey/work etc Guest Permits/visas/government 1 14.05.2010 20:22
Grad Student in Zurich amaxwell Introductions 3 25.05.2007 19:36


All times are GMT +2. The time now is 22:08.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0