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Old 06.08.2017, 05:20
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EU Family member living in Germany and Working in Switzerland

Hi,

I'm Brazilian and my wife and child hold a German citizenship we have been planning to move to Germany and now I have an opportunity to work in Switzerland/Basel but only if already have a work permit to do so.

I understand and had a consultancy from Suisse embassy that we need to move first and after that I need to apply for the permission but it can take up to 4-6 months so it's not feasible.

The company gave me the option to be a contractor until I have the proper permission.

I know that the process to get the resident permit for a family member in Germany can be long as well.

My questions are with resident permission in Germany what kind of visa I need just to work in Switzerland?

as a contractor ( opening my own company in Germany or another EU country ) can I go every day to Basel and go back to German if no issues?

Thanks in advance for any lights here
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Old 06.08.2017, 07:23
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Re: EU Family member living in Germany and Working in Switzerland

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Hi,

I'm Brazilian and my wife and child hold a German citizenship we have been planning to move to Germany and now I have an opportunity to work in Switzerland/Basel but only if already have a work permit to do so.

I understand and had a consultancy from Suisse embassy that we need to move first and after that I need to apply for the permission but it can take up to 4-6 months so it's not feasible.

The company gave me the option to be a contractor until I have the proper permission.

I know that the process to get the resident permit for a family member in Germany can be long as well.

My questions are with resident permission in Germany what kind of visa I need just to work in Switzerland?

as a contractor ( opening my own company in Germany or another EU country ) can I go every day to Basel and go back to German if no issues?

Thanks in advance for any lights here
Welcome to the forum. Unfortunately, as a non-EU citizen, you must first acquire permanent residency in Germany and inhabit a border region for at least 6 months prior to being able to apply for a G permit which would allow you to live and work on opposite sides of the border.
Opening a company in Switzerland as a contractor for a non-EU national is also, I'm afraid, difficult (read: 'impossible'). Federal law requires that non-EU foreigners who are not permanent residents wishing to start an enterprise in Switzerland submit a business proposal which details how that business venture would benefit the broader economy in a durable manner; this is unlikely to be possible as a contractor. Having a German company would not entitle you to the required G permit. Moreover, i suspect German law may also place limits on foreigners opening companies; this is something that you'd need to look into.
But being married to an EU-national means that you can benefit from family reunification as per freedom of movement (ALCP) rather than the foreigners act (LÉtr). If the job you're to take up in Switzerland is not one for which the employer can get a non-EU permit issued, your only option is to think of using family reunification on the basis of your spouse's German nationality. Alternatively, if your employer can get you a non-EU permit, then this would likely be the best solution.
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  #3  
Old 06.08.2017, 09:56
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Re: EU Family member living in Germany and Working in Switzerland

The only way to do this fairly quickly is for the whole family to move to Switzerland. This means that your wife would have to either have a job to come to here or have sufficient funds to be able to support her dependents, i.e. you and any kids.

https://www.ch.ch/en/family-reunification-eu-efta/

If she can meet the conditions then you'd get a family reunification permit and be able to work without an employer having to go through the non-EU hiring criteria.

https://www.sem.admin.ch/sem/en/home...zulassung.html

Otherwise chomp has pointed out the problems. Another note with regard to any company you might set up in Germany is that companies in the EU can only send workers here for a maximum of 90 days a year under the short registration system.

https://www.sem.admin.ch/sem/en/home...verfahren.html

Since you would not be eligible for a Swiss permit this would be the maximum time you could work for the company a year - probably not what they're looking for long term.

This would be the only way you could cross the border.

It won't take 4-6 months to get a family reunification permit if you all arrive together.

Last edited by Medea Fleecestealer; 01.11.2017 at 20:21.
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Old 06.08.2017, 13:15
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Re: EU Family member living in Germany and Working in Switzerland

Thank you Chomp and Medea,

The idea to use an Umbrella Company or start a Mini Gmbh is guaranteed an incoming until I have the proper VISA but I was not aware of the 90 days restriction period.

My concerns if I would have issues at the border if I go every day to Switzerland as Non-European working as a consultant for a Germany company.

How long would take to get a VISA by family reunification if we go together to Switzerland? there is any benefit if we go first to Germany and start the process there? There is any benefit if I have an offer letter in the moment to start the visa process? This can make the process go faster?

Also, how much saving we need to show the authorities we have enough money live there for a while? for me is not clear if I have a job offer or if I get a job that is enough for me and my family she as European still need to work. Can we start my visa process until she has no job yet?

Sorry for so many questions this is hard find this kind of information for my specific case.

Thank you again!
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Old 06.08.2017, 13:36
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Re: EU Family member living in Germany and Working in Switzerland

You have to register under the short-term working scheme so there shouldn't be any border problems.

There's no point in going to Germany since what happens there means nothing in Switzerland, i.e. getting a German residence permit will still not allow you to work in Switzerland except under the short-term working scheme. Without having permanent residency in Germany which takes 5 years minimum to acquire there's no chance of a cross border permit.

She doesn't need to work, but will have to show sufficient funds to support you. The general figure to work to is CHF100 per person per day. The permit process will start straightaway, but will still take several weeks since you'll need to give biometric info a week or so into the process.

Not sure if having an employment contract to hand would help or hinder. It could be seen by the Swiss authorities as you trying to circumvent the non-EU hiring rules. On the other hand they may not bat an eyelid since your wife is an EU national. It just depends on the canton and the people in the cantonal migration office.
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Old 06.08.2017, 17:43
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Re: EU Family member living in Germany and Working in Switzerland

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You have to register under the short-term working scheme so there shouldn't be any border problems.

There's no point in going to Germany since what happens there means nothing in Switzerland, i.e. getting a German residence permit will still not allow you to work in Switzerland except under the short-term working scheme. Without having permanent residency in Germany which takes 5 years minimum to acquire there's no chance of a cross border permit.

She doesn't need to work, but will have to show sufficient funds to support you. The general figure to work to is CHF100 per person per day. The permit process will start straightaway, but will still take several weeks since you'll need to give biometric info a week or so into the process.

Not sure if having an employment contract to hand would help or hinder. It could be seen by the Swiss authorities as you trying to circumvent the non-EU hiring rules. On the other hand they may not bat an eyelid since your wife is an EU national. It just depends on the canton and the people in the cantonal migration office.
Can she apply for family reunification in Switerzland using residence in Germany or we, in fact, need to live in Switzerland?

for my understand my best option here is going with my family to Switerzland and wait for the process to be accepted with sufficient funds to live there without job for at least 3 months. that is correct?

Thanks again for the help
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Old 06.08.2017, 17:48
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Re: EU Family member living in Germany and Working in Switzerland

No, you have to move to Switzerland. Being in Germany does nothing as far as getting a Swiss permit goes. Why would it? Switzerland is not part of the EU and even if it was you can't apply for residency in one country while being in another. Residency means living in that country and no other.

Yes, you'd need at least 3 months funds, but check with whichever canton's migration office you decide to apply in. They'll be able to tell you what they'd require in the way of funds.
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Old 06.08.2017, 18:12
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Re: EU Family member living in Germany and Working in Switzerland

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No, you have to move to Switzerland. Being in Germany does nothing as far as getting a Swiss permit goes. Why would it? Switzerland is not part of the EU and even if it was you can't apply for residency in one country while being in another. Residency means living in that country and no other.

Yes, you'd need at least 3 months funds, but check with whichever canton's migration office you decide to apply in. They'll be able to tell you what they'd require in the way of funds.
This makes sense my confusion about living in Germany or no it because the embassy here said could be easier if we live in Germany (EU country) to get a work permit but probably their reference was my wife and not me.

Thank you a lot.
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Old 06.08.2017, 18:27
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Re: EU Family member living in Germany and Working in Switzerland

Your wife couldn't get a Swiss residence permit living in Germany either. To get a Swiss permit you have to live in Switzerland. There's no other way to get one.

Embassy may have been thinking of a cross border permit for her which she could get after living in a border zone in Germany for six months. But as previously said, without German permanent residency it's not possible for you.
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Old 01.11.2017, 19:08
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Work permit for non-EU with EU citizen spouse with no job

Hello All,

Sorry if this subject was already answered I tried to find my particular case but no success.

My wife (German citizen) and I(non-EU) have plans to move to Switzerland. we have sufficient money to live up to 6 months without a job and, as my dauther has only 5 months my wife doesn't have plans to work soon, in fact, she wants to take care of our daughter at least for 1 year. My question is can I have a work permit? if I receive an offer that salary is sufficient to sustain our family is enough or I can only have a work permit if she gets a job? there is any way or any kind of visa for my situation that doesn't need to be sponsored by the employer?

Thanks a lot!
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Old 01.11.2017, 20:23
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Re: Work permit for non-EU with EU citizen spouse with no job

Reread your other thread - the answers are there.

https://www.englishforum.ch/permits-...itzerland.html

Mod note - threads now merged

Last edited by 3Wishes; 02.11.2017 at 00:47. Reason: adding mod note
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Old 01.11.2017, 20:43
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Re: Work permit for non-EU with EU citizen spouse with no job

Thanks, Medea you are the best. the answer was there I was just wondering that if something changed because I contact embassy here and they said the same as you and but the I contact Kanton as well and they said she needs to be working. (if my German is good enough )

I looking for a lawyer that can help us in this process if you guys have someone to recommend I will appreciate.
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Old 01.11.2017, 20:47
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Re: Work permit for non-EU with EU citizen spouse with no job

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I looking for a lawyer that can help us in this process if you guys have someone to recommend I will appreciate.
A lawyer won´t help much, the rules are fairly clear
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Old 01.11.2017, 21:29
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Re: Work permit for non-EU with EU citizen spouse with no job

As roegner says a lawyer won't help, there's nothing for them to work with. Your wife is entitled to a Swiss permit if she moves here and has sufficient funds to support herself. And you, as her dependent, are also entitled to move here with her if she can support you financially too.

The problem however is that a) for the first 3 months EU nationals do not need to register as being resident here - so you wouldn't have a permit, but be here as a tourist effectively and b) after 3 months she would get a 3 month job seeker L permit - which you would also get, but it's seen as a short stay/temporary permit so that might make getting a job more difficult for you. This is probably why the cantonal migration office said she needs to be working.

Another possible problem is c) what the cantonal authorities consider is sufficient funds. If your wife is applying for a permit without having a job then she needs to show she has finances/assets to support herself and her dependents. You say you have enough for 6 months, but what the cantonal authorities may be looking for is a lifetime financial situation, i.e. as if she/you were retirees, which is a whole different story financially. You need to get clarity on this before you move.

More on family reunification here:

https://www.sem.admin.ch/content/dam...nnachzug-e.pdf

What you really need is a B permit and that you won't get unless your wife has an employment contact with a Swiss employer that's for more than a year's duration. The only other way for you personally to get a B permit is for any potential Swiss employer to go through the non-EU hiring process to prove they can't find a Swiss/EU national to do the job. But that means delaying any move until a permit is approved since it would make you the main permit holder and your wife your dependent.

Frankly if you don't have a job lined up with a pre-approved permit and your wife isn't going to be working straightaway it would probably be better for you all to move to Germany since she's a German national and you get a job there and forget about living/working in Switzerland for the time being.
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Old 01.11.2017, 23:15
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Re: Work permit for non-EU with EU citizen spouse with no job

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As roegner says a lawyer won't help, there's nothing for them to work with. Your wife is entitled to a Swiss permit if she moves here and has sufficient funds to support herself. And you, as her dependent, are also entitled to move here with her if she can support you financially too.

The problem however is that a) for the first 3 months EU nationals do not need to register as being resident here - so you wouldn't have a permit, but be here as a tourist effectively and b) after 3 months she would get a 3 month job seeker L permit - which you would also get, but it's seen as a short stay/temporary permit so that might make getting a job more difficult for you. This is probably why the cantonal migration office said she needs to be working.

Another possible problem is c) what the cantonal authorities consider is sufficient funds. If your wife is applying for a permit without having a job then she needs to show she has finances/assets to support herself and her dependents. You say you have enough for 6 months, but what the cantonal authorities may be looking for is a lifetime financial situation, i.e. as if she/you were retirees, which is a whole different story financially. You need to get clarity on this before you move.

More on family reunification here:

https://www.sem.admin.ch/content/dam...nnachzug-e.pdf

What you really need is a B permit and that you won't get unless your wife has an employment contact with a Swiss employer that's for more than a year's duration. The only other way for you personally to get a B permit is for any potential Swiss employer to go through the non-EU hiring process to prove they can't find a Swiss/EU national to do the job. But that means delaying any move until a permit is approved since it would make you the main permit holder and your wife your dependent.

Frankly if you don't have a job lined up with a pre-approved permit and your wife isn't going to be working straightaway it would probably be better for you all to move to Germany since she's a German national and you get a job there and forget about living/working in Switzerland for the time being.
Thank again!! I appreciate your answer. I think I have enough information to think about.
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