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Old 27.06.2019, 00:18
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Can I keep my permit? Living in CH, working in DE

Hello,

I’ve got a situation that is not really common in Switzerland and there is also not much on EF here.

I am currently on a five year B permit (EU) and will soon start to work in Germany. I really want to keep my permit as my family lives with me in CH and I would like to work in Switzerland in the not so distant future.

I will travel home every weekend (workplace is not near the border), but will stay in Germany during the week. This will lead to me being registered in both Switzerland and Germany at the same time, hopefully not an issue.

I will also pay full taxes in Germany due to bilateral agreements that prohibit former residents of Germany to avoid full taxation for five years after relocating to Switzerland.

Is there anything that I should or shouldn’t do in order to keep my current permit?

Any advice or information is much appreciated.

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Old 27.06.2019, 00:44
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Re: Can I keep my permit? Living in CH, working in DE

You would be considered a dual DE CH resident (also for tax purposes)

Yes you can keep the permit you just need to tell the cantonal migration office you are working abroad and returning weekly to your family in CH.

Since you return on a weekly basis and your center of vital interests remains in CH your residence permit will not become invalid despite spending more time abroad than in CH.

You won’t need to pay for Swiss KVG as you will be covered by German health insurance (make sure you request this exemption at your cantonal health insurance office). Your family will still have to be insured by KVG however.

As you said you pay income tax in Germany (and are exempt from Swiss income tax as long as you do not perform work in CH) in line with the dual tax treaty.

Once you change your status to worker abroad you will be asked to make a tax declaration in CH (even if you paid tax at source in your previous CH job and so didn’t have to before) and you need to declare your German income and ask to be exempt from paying Swiss tax on it.
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Old 27.06.2019, 05:29
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Re: Can I keep my permit? Living in CH, working in DE

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You would be considered a dual DE CH resident (also for tax purposes)

Yes you can keep the permit you just need to tell the cantonal migration office you are working abroad and returning weekly to your family in CH.

Since you return on a weekly basis and your center of vital interests remains in CH your residence permit will not become invalid despite spending more time abroad than in CH.
Won´t OP get a G permit?
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Old 27.06.2019, 08:47
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Re: Can I keep my permit? Living in CH, working in DE

Swiss G permit is if you work (earn income and perform work) in CH and therefore are taxed at source in CH but live abroad (anywhere in the EU for EU nationals and border zones only for non-EU nationals) with a minimum of a weekly return home for EU nationals and a daily return home for non-EU nationals
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Old 27.06.2019, 09:30
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Re: Can I keep my permit? Living in CH, working in DE

Thank you qwertz!


Do you (or anyone else) happen to know whether there is any regulation regarding cross-border workers in the opposite direction, i.e., requirements to fulfil in order to keep my permit B?

Would you say there could be a problem, if I did not manage to come home for a weekend? Or do I have to provide proof of my returns?


Maybe it is important: I am actually here on a family reunification permit, which I got for the fact that my father has been living in CH for quite a while now and I have never worked in CH before (but was finishing my studies).



Anyways, I couldn't find much online about this situation, looks like it is rather rare that foreign residents work abroad and live here. Maybe my local municipality or the cantonal immigration office knows more?
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Old 27.06.2019, 12:04
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Re: Can I keep my permit? Living in CH, working in DE

It’s not that rare to work in Brussels London Germany Netherlands etc and continue living in CH

Within Schengen there is no way to prove you come back every week but I wouldn’t play with fire

Look up the directives PDF of the law on foreigners and integration and under the „revocation of permit” subheading what I mentioned above is clearly outlined

In some cantons (like BE for example) in the permit renewal forms there is even a box with „working abroad” option so it’s not that uncommon

Would get in touch with cantonal migration authority and stress your family/father/centre of vital interests remains in CH
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Old 27.06.2019, 22:41
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Re: Can I keep my permit? Living in CH, working in DE

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Maybe it is important: I am actually here on a family reunification permit, which I got for the fact that my father has been living in CH for quite a while now and I have never worked in CH before (but was finishing my studies)...
I think this is definitely relevant. Are you an EU or non-EU citizen? If EU then I would think it's easier than if non-EU.
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Old 05.07.2019, 18:34
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Re: Can I keep my permit? Living in CH, working in DE

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I think this is definitely relevant. Are you an EU or non-EU citizen? If EU then I would think it's easier than if non-EU.
I am an EU citizen (as is my father), but still it seems quite difficult for someone who does not return home every day and moreover, has no partner or children living in CH.

Let’s see if I’m gonna work for more than 6 months in DE, if yes, I’ll give an update of how things will work out in this case.

If only I had a C permit, then I could at least stay abroad for up to 4 years, without losing my permit.

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Old 05.07.2019, 18:53
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Re: Can I keep my permit? Living in CH, working in DE

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If only I had a C permit, then I could at least stay abroad for up to 4 years, without losing my permit.
Not to take a job in a foreign country.

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Old 27.06.2019, 13:41
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Re: Can I keep my permit? Living in CH, working in DE

Thank you very much qwertz!

That helped a lot. Will soon get in touch with authorities, better sooner than later

In case some unexpected things are happening, I’ll probably update this thread.
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Old 27.06.2019, 15:27
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Re: Can I keep my permit? Living in CH, working in DE

Just an update (for anyone interested, or being in a similar situation at any point during their stay in CH):


I just called the cantonal immigration office and told them about my case.



It turns out they would want to argue that my center of life will be in Germany in case I will be longer than 6 months in employment there. It was just the opinion of one person there, maybe the organization would handle it differently when it comes to this point.


Anyways, the person on the other side would not accept my family (as I have got no partner or children living here with me) or me coming home every weekend as reasons to justify that Switzerland remains my center of life.



Well, in case I will be working longer than 6 months in Germany, which is not quite clear as it will be a 6-month internship in the beginning, I will definetely have a lot of arguing to do in order to keep my current permit


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