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Old 05.06.2014, 17:46
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Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

Hi All

I am a self-employed mountain guide living in switzerland with a "B Permit" through my wife.

Am I allowed to work elsewhere in the EU? Or do I need a work permit for each particular country?

I am getting paid into my swiss account for the work and will declare it for tax here.

Does it make difference where the company I work for is based or where I do the work.

e.g. UK company and working in France.

Borders can be funny things if your working in the mountains. E.g. the Kleine Matterhorn area from Zermatt is on the border depending on which side of the ridge you walk. Or for the Matterhorn itself it depends which route you do.

My qualifications and insurance are accepted throughout the EU.

Any information would be helpful

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  #2  
Old 05.06.2014, 19:35
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

No, you're not. Your Swiss permit only allows you to work in Switzerland.
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  #3  
Old 05.06.2014, 19:45
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

I know mountain guides work where ever their clients want them. I know a guide who lives in France, but I've skied with him in Switzerland and he goes all over the world.

As you would be only in the countries for a short time there must be a way around it. I guess contact the mountain guide association of the country you want to go to, or the association you did your qualification with etc. they will know!
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Old 06.06.2014, 00:05
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

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Am I allowed to work elsewhere in the EU? Or do I need a work permit for each particular country?
It depends. As a local employee of a Swiss company, you can be sent to provide services anywhere in the EU for periods up to 90 days. No extra permits required. This works whatever the nationality of the employee.

(Swiss-EU agreement on free movement, pages 3 & 29)
http://eur-lex.europa.eu/legal-conte...402463&from=EN


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I am a self-employed mountain guide living in switzerland with a "B Permit" through my wife.
If you worked for (your own) Swiss company under an employment contract, you would be fine. If you are a "real" freelancer, I do not know...
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Old 06.06.2014, 11:40
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

I would expect that this is covered under the freedom to provide services. Certianly were the question one of a freelancer in Germany looking to work in Austria then it would be.
The only question mark would be whether Switzerland signed up to that freedom in the bilaterals - but I'd be very surprised if they didn't!
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Old 07.06.2014, 19:50
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

[QUOTE=Island Monkey;2171657" I guess contact the mountain guide association of the country you want to go to, or the association you did your qualification with etc. they will know![/QUOTE]

Yes trying to work through that one at the moment. Interestingly what the Guides Ass says as an organisation and what is strictly legal may not be the same.
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Old 07.06.2014, 20:08
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

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I would expect that this is covered under the freedom to provide services. Certianly were the question one of a freelancer in Germany looking to work in Austria then it would be.
The only question mark would be whether Switzerland signed up to that freedom in the bilaterals - but I'd be very surprised if they didn't!
I expect they have as a similar system is in place for EU nationals coming here to work for less than 90 days a year.
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Old 07.06.2014, 23:31
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

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I expect they have as a similar system is in place for EU nationals coming here to work for less than 90 days a year.
Hmmm but not having the EU passport puts me firmly in the grey. Could start a swiss company and employee myself

Thanks for the input people.
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Old 09.06.2014, 15:16
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

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Hmmm but not having the EU passport puts me firmly in the grey. Could start a swiss company and employee myself

Thanks for the input people.
Not if your spouse is an EU citizen. Third-country spouses are afforded all the rights of the EU passport holder.
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Old 11.06.2014, 12:20
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

Interestingly the French Ministry of sport had a question about marriage which would be explain by the above. Thanks for the info.

Thanks for the input and information everyone.
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Old 24.03.2019, 12:20
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

@kiwiguide

Did you manage to find a way? I am in a similar situation, however I would like to work more often in EU teritory.

Please help.

note- I have B permit, wife is EU national with swiss C permit.

Regards
ksaura
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Old 25.03.2019, 09:51
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

So what I have been told is that you have the same rights as the person you are married to under in the European Economic Community/ Schengen rules.

As your wife is from the EU you should have the same rights to work as she has. I think it is something like 90 days allowed if a non resident in each country so 90 in France 90 in Italy etc

However you must still observe local laws for each profession if appropriate
Eg as a guide I have to follow local laws relating to guiding clients in any country I work. France has some that are quite restrictive, Italy at present has nothing specific.

Hope that helps
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Old 25.03.2019, 11:33
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

Thanks a lot @kiwiguide for your quick reply. This is very helpful.I hope all is well at your end.

Which office did you get in touch with for these info?
How do the authority calculate 90 days ? Is it number of working days? Let's say, for an assignment I travel to Italy from Monday morning to Thursday evening for 3 weeks. Will it be 12 days or 19 days?

I am not sure if I have the same rights as my wife. I don't find any rules on that. If I stay in the same country then I have the same rights.

Regards
ksaura
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Old 28.03.2019, 19:04
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

Hi Ksuara.

I researched it myself, you could try searching English forums however asking a lawyer maybe a safer plan. In my profession it is common to work all over the place as mountains often are where the borders meet.

As far as I'm aware there is no mechanism to check your following these rules but if someone complains you would need to show that you have followed them. Eg invoiced days or hours worked.

Try searching "spouses rights" in EU" or similar.

For example we have been told I do not require any type of Visa in Switzerland as long as I only stay for 90 days. The complications come if I stay on after that, then I need a family residence Visa of some type.

Reds
Tim
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Old 28.03.2019, 19:06
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Re: Working outside Switzerland on a B Permit (thru marriage) non EU citizen.

Sorry for the name typo
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