Annual minimum residency requirements - Continued Permit C - Page 2

sva · #21 21.08.2020, 14:15

	Quote:	3Wishes
	.... B) in Switzerland at least the minimum number of days per year. ...

Can someone please link this law regarding minimum number of days (presumably in a calender year)?

All i could find was maximum abscence of six months..

Both kids waitng for the final process of naturalisation (Bern has approved), so that is not at risk.

sva · #22 21.08.2020, 14:16

	Quote:	NichtsBesonders
	There's no clear federal law about this (except the vague notion of "center of life" which is to be determined case by case, with a sizable amount of precedent-setting cases already decided by the Federal Court), and unfortunately your canton (FR) doesn't publish their guidelines on how they interpret the law. I think it's best to ask them (Migrationsamt FR) directly about the particularities of your situation. As an example, there are the published guidelines of canton Zürich which say: So it looks like your C permit would be relatively safe in Zürich because your family keeps living here and you could probably make a case that your job should be counted as one requiring much travel even if it's not listed under the most frequent examples. (point 4.3). Of course it could be different in FR which is why I recommend informing the FR immigration office about your plans and hopefully you'll get official assurance that all shall be well from them. Especially if you are going to carry out international contracts in the name of your Swiss business entity. I definitely wouldn't just rely on never spending more than 6 months outside Switzerland at a time.

I wrote an email yesterday to SPOMI, witing for reply. Will update.
This is strange and entirely unexpected grey area of immigration law i find my self in

sva · #23 21.08.2020, 14:37

Googling on from the german words in NichtBesonders post, I found this interesting judgement which says (inter alia):

The permanent residence permit also expires due to an interruption of residence if the foreigner is absent from the country for a longer period of time, returns to Switzerland for a limited period of time before the end of six months, but only does so for business or visiting purposes. In such circumstances, it is not the (different) departure times, but rather the question of where you live, that becomes the decisive criterion

So,one needs to take care to be able to definively prove that ones centre of life continues to be in CH.

From what i have understood of CH in 10 years, as long as ALL my global income is credited in my Swiss bank, and i pay my tax chuffs, i'll be fine ;-)