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Old 28.09.2014, 13:06
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What permit is needed for Swiss residence for a EU national, foreign income

Our family is moving to Zurich in january, and have rented an apartment.

Both my girlfriend and me will stay on the payroll of a Dutch company and will receive adequate income for advisory services. We will be in the Netherlands once a month for a few days.

I thought of applying for the B permit. But I will need a swiss employment contract or I would have to apply as "without gainful employment".

Would this register as "without gainful employment"? There is employment, but just not in Switzerland.
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Old 28.09.2014, 14:15
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Re: What permit is needed for Swiss residence for a EU national, foreign income

You will need to give more information if you want useful answers. Are you being stationed in CH by your Dutch company? Why exactly are you moving to Zürich??? If you're not stationed but somehow want to commute/work long distance from the Netherlands then I think it will be difficult to get residence permits for Zürich. Again, you need to describe your situation in more detail.

Luckily you won't be in the situation of determining yourself which permit to apply for. Go to the relevant authorities, they will be determine this for you.
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Old 28.09.2014, 14:58
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Re: What permit is needed for Swiss residence for a EU national, foreign income

He Bathbomb,

Thats right, we will be commuting once every month. Im not being stationed by a company, we come of our own free will.

We choose Zurich for the standard of living.

Regards,

Cor
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Old 28.09.2014, 15:41
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Re: What permit is needed for Swiss residence for a EU national, foreign income

meanwhile, i did find this

. Residing in Switzerland without gainful activity I'd like to spend time in Switzerland but not in order to work. Will I be granted authorization to stay?


To be authorized to take up residence in Switzerland without pursuing a gainful activity, people such as retirees, students, or those of private means need to register with the local authorities of the place they reside and apply for a residence permit for non-working persons. Registration has to be done 14 days after arrival at the latest. This type of residence permit will be granted if you can prove that you possess sufficient financial means not to have to rely on Swiss social security benefits. Financial means are defined as being sufficient if Swiss nationals in the same situation are not entitled to claim benefits. Furthermore, you need to show that you have taken out adequate accident and health insurance. Turn to the appropriate cantonal migration authorities for detailed information.
https://www.bfm.admin.ch/bfm/en/home...-efta/faq.html
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Old 28.09.2014, 16:36
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Re: What permit is needed for Swiss residence for a EU national, foreign income

ok. Thanks for elaborating, makes it easier for people to give advice/opinions! And welcome to the forum, btw.

Have you already rented an apartment successfully without being asked for a permit? Have you been in contact with the immigration authorities in Zurich? Without knowing for sure I think you're very likely to run into some issues with this plan depending on your circumstances.

Note that of the group you refer to, students are for instance required to provide a financial guarantee for the entire period of the permit - this can be a parent stating that they're responsible for the student's finances or a bank statement showing 1500 x 12 (if the monthly minimum is 1500 and the permit is for a year). Student permits do not count towards C permits for the same reason: your primary income is generated and taxed abroad and you're basically not contributing to society. The way I understand the description you're referring to is "if you already have the equivalent of a year's salary in the bank, by all means, welcome!" . There will be (possibly very) different requirements for living in CH without gainful employment varying from canton to canton.

I assume you believe to fall under the category "those of private means".
Whether or not the canton of Zürich sees it the same way you will only know once you contact them and ask what their specific requirements are. If this were me I would be very careful not to rely on a personal interpretation of this description. If you haven't had any contact with the authorities I would do that asap and make sure this move is actually possible.

Hopefully someone else on here will know more about the possibilities, but this is my 2 cents after having been here without gainful employment for 2 years (student).
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Old 28.09.2014, 16:43
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Re: What permit is needed for Swiss residence for a EU national, foreign income

Thanks for your thoughts,

My starting point was the relevant legislation, but lately I have some concern since some, like you, expressed their doubts. This could off course have to do with the fact its not the most common situation.

The legislation to follow , to the best of my knowledge

http://eur-lex.europa.eu/legal-conte...2A0430%2801%29

I. BASIC PROVISIONS


Article 6
Right of residence for persons not pursuing an economic activity
The right of residence in the territory of a Contracting Party shall be guaranteed to persons not pursuing an economic activity in accordance with the provisions of Annex I relating to non-active people.





FREE MOVEMENT OF PERSONS
I. GENERAL PROVISIONS




Article 2


2. Nationals of the Contracting Parties not pursuing any economic activity in the host State who do not have a right of residence pursuant to other provisions of this Agreement shall, provided they fulfil the preconditions laid down in Chapter V, have a right of residence. That right shall be substantiated through the issue of a residence permit.



V. PERSONS NOT PURSUING AN ECONOMIC ACTIVITY
Article 24
Rules regarding residence
1. A person who is a national of a Contracting Party not pursuing an economic activity in the state of residence and having no right of residence pursuant to other provisions of this Agreement shall receive a residence permit valid for at least five years provided he proves to the competent national authorities that he possesses for himself and the members of his family:
(a) sufficient financial means not to have to apply for social assistance benefits during their stay;
(b) all-risks sickness insurance cover(7).
The Contracting Parties may, if they consider it necessary, require the residence permit to be revalidated at the end of the first two years of residence.
2. Financial means shall be considered sufficient if they exceed the amount below which nationals, having regard to their personal situation and, where appropriate, that of their family, can claim social security benefits. Where that condition cannot be applied, the applicant's financial means shall be regarded as sufficient if they are greater than the level of the minimum social security pension paid by the host state.
3. Persons who have been employed for less than one year in the territory of a Contracting Party may reside there provided they comply with the conditions set out in paragraph 1 of this Article. The unemployment benefits to which they are entitled under national law which is, where appropriate, complemented by the provisions of Annex II, shall be considered to be financial means within the meaning of paragraphs 1(a) and 2 of this Article.
4. A student who does not have a right of residence in the territory of the other Contracting Party on the basis of any other provision of this Agreement shall be issued with a residence permit for a period limited to that of the training or to one year, if the training lasts for more than one year, provided he satisfies the national authority concerned, by means of a statement or, if he chooses, by any other at least equivalent means, that he has sufficient financial means to ensure that neither he, his spouse nor his dependent children will make any claim for social security of the host state during their stay, and provided he is registered in an approved establishment for the purpose of following, as his principal activity, a vocational training course and has all-risks sickness insurance cover. This Agreement does not regulate access to vocational training or maintenance assistance given to the students covered by this Article.
5. A residence permit shall automatically be extended for at least five years provided that the eligibility conditions are still met. Residence permits for students shall be extended annually for a duration equal to the remaining training period.
6. Breaks in residence of less than six consecutive months and absences for the purposes of fulfilling military service obligations shall not affect the validity of the residence permit.
7. A residence permit shall be valid throughout the territory of the issuing state.
8. The right of residence shall obtain for as long as beneficiaries of that right fulfil the conditions laid down in paragraph 1.
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Old 28.09.2014, 17:07
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Re: What permit is needed for Swiss residence for a EU national, foreign income

You'll both need to take your employment contracts to the canton migration office to start the process off. They may also want to see copies of bank statements to make sure you have enough money to support yourselves. Bear in mind that what you think is adequate may not be the same as what the Swiss officials think. If they don't think you earn enough then you won't get a permit.

If they don't accept the employment contracts and want to put you down as living here without gainful employment then you're going to be talking a LOT of cash. The figure recommended to work to is CHF100 per day so you're talking around CHF36,500 a year x 5: CHF182,500 in your bank account at least. And that will be each unless you're willing to apply for a concubine permit for your girlfriend - in which case you have to agree to be financially responsible for her for 5 years even if you subsequently break up - and can add another CHF91,000 or so to the CHF182,500 to support you both.

The best thing you can do is contact the Zurich migration office before you make any firm plans. Explain to them what you're planning to do and then see what they say as far as your permit options go.

Migrationsamt des Kantons Zürich
Berninastrasse 45
Postfach
8090 Zürich
Tel.: 043 259 88 00
Fax: 043 259 88 10
Internet
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Old 28.09.2014, 18:22
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Re: What permit is needed for Swiss residence for a EU national, foreign income

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meanwhile, i did find this

. Residing in Switzerland without gainful activity I'd like to spend time in Switzerland but not in order to work. Will I be granted authorization to stay?

\
You will be working, right? So then you are not moving here "without gainful employment". It is quite possible you will get a G permit, since you will be going back and forth at least some of the time. But you'll have to discuss your situation with your commune.

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If they don't accept the employment contracts and want to put you down as living here without gainful employment then you're going to be talking a LOT of cash. The figure recommended to work to is CHF100 per day so you're talking around CHF36,500 a year x 5: CHF182,500 in your bank account at least. And that will be each unless you're willing to apply for a concubine permit for your girlfriend - in which case you have to agree to be financially responsible for her for 5 years even if you subsequently break up - and can add another CHF91,000 or so to the CHF182,500 to support you both.
ETA: I thought you wrote 180K a YEAR. In fact, 36,000K a year is over the social limit (for a single person I think. IIRC, it's about 4,000/m for a family. I'd have to look up the figures again).

Most communes accept that if as EU citizens you have more than what will qualify you for social benefits then that is enough. Both of them will be gainfully employed. And if both are EU citizens as long at they make more than the amount for 2 singles on the social, it shouldn't be a problem.

And I would hope they are making quite more than that if they have considered moving to Zurich for the "quality of life".
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Old 28.09.2014, 18:43
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Re: What permit is needed for Swiss residence for a EU national, foreign income

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Right of residence for persons not pursuing an economic activity

The right of residence in the territory of a Contracting Party shall be guaranteed to persons not pursuing an economic activity in accordance with the provisions of Annex I relating to non-active people.
Yes but the problem is that you are pursuing an economic activity! To meet the requirement of non economic activity, your income would need to be derived from investments (not investing), royalties or something like that.
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Old 28.09.2014, 19:00
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Re: What permit is needed for Swiss residence for a EU national, foreign income

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I thought of applying for the B permit. But I will need a swiss employment contract or I would have to apply as "without gainful employment".

Would this register as "without gainful employment"? There is employment, but just not in Switzerland.
I think you need to apply for a normal B permit.
I assume you will be most of the time in Switzerland except for a couple of days per month where you are in Holland.
This means that you are actually working in Switzerland.
This also means that you are taxable here (check double tax agreements), need to pay social security here and need a Swiss health insurance.
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