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Old 16.11.2020, 08:56
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Seeking advice on Working remotely for an employer outside Switzerland

Hi, Good people,

I am seeking out advice on a situation. My wife will be moving to Switzerland on an L work permit for 1 year. I am also employed here in India(Non-EU) and would like to 'work from home' from Switzerland for my employer here in India(not based in Switzerland, not even any satellite office)
I will be on a dependent visa. I will be paid my salary in my bank account here in India.

I have a few questions:
1) Is there some legal complication in this whole arrangement that I should watch out for? If not, what all things(legal) should I get sorted before I start working from Switzerland
2) If in case I have to resign from my job, will it be possible for me to find a job in Switzerland? I have 8+ years of experience in the Software Development/testing field.
3) Is there anything else that I am forgetting about this arrangement(work from home) that you can suggest?

Please feel free to ask for any more information that will help you to answer the questions.

Hoping for some guidance from the people who were/are in the same situation and from the residents as well.

Have a great day!
BB
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Old 16.11.2020, 16:17
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Re: Seeking advice on Working remotely for an employer outside Switzerland

Welcome to the Forum.

I am not sure whether L dependent permit holders are allowed to be self-employed, which I think is what you'd need to work for a non-Swiss company while residing here. Hopefully someone else will have more info for you.
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Old 16.11.2020, 16:43
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Re: Seeking advice on Working remotely for an employer outside Switzerland

First of all, have you/your wife applied for a family reunification permit for you? You can't just turn up.

As for working here, that's complicated. As an L dependent permit holder you're not allowed to be self-employed and if the Swiss consider you to be an employee of your Indian company still then they will have to pay things like Swiss pension, unemployment contributions, etc. Any Swiss employer would have to meet market and labour conditions to be able to hire you.
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Old 16.11.2020, 16:50
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Re: Seeking advice on Working remotely for an employer outside Switzerland

Thanks Medea, for the reply. I have applied for the permit

As mentioned in your reply, I agree any Swiss employer will have to make the contributions you mentioned.
Though, my employer is completely have no business in Switzerland and don't have a office here too. In short I think they qualify as a non-swiss employer.

Also, if there are any complications in such an arrangement they will be only tax related and If I pay my taxes due in Switzerland, I think everything will be fine? Please correct me if I am missing something.

3Wishes: thanks for the reply.
Can you guys help me whom or which office should I consult to get more clarity?
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Old 16.11.2020, 17:50
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Re: Seeking advice on Working remotely for an employer outside Switzerland

Tax and employment offices in whichever canton you're going to be living in. They're the only ones who can tell you what will be possible work-wise, tax-wise, pensions, etc.
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Old 17.11.2020, 23:42
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Re: Seeking advice on Working remotely for an employer outside Switzerland

I read over the Internet and contacted the tax office in Geneva, but the reply I got from them was ambiguous. They have mentioned that most likely I will be considered a tax resident in Switzerland.

I am willing to pay the taxes as well, but just need clarity on the following:

-->If I enter Switzerland on a dependent visa, I believe I won't be able to work. The taxes part comes later. But can I get some kind of authorisation on this visa and start working and pay taxes? Or will I have to apply for a completely new type of visa/permit?
--> In either of the cases mentioned above, can everything be sorted out while staying with my wife in Geneva, or do I need to come back to India and apply for the new changes?

Please guide me on this.

Regards,
BB
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Old 17.11.2020, 23:51
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Re: Seeking advice on Working remotely for an employer outside Switzerland

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I read over the Internet and contacted the tax office in Geneva, but the reply I got from them was ambiguous. They have mentioned that most likely I will be considered a tax resident in Switzerland.

I am willing to pay the taxes as well, but just need clarity on the following:

-->If I enter Switzerland on a dependent visa, I believe I won't be able to work. The taxes part comes later. But can I get some kind of authorisation on this visa and start working and pay taxes? Or will I have to apply for a completely new type of visa/permit?
--> In either of the cases mentioned above, can everything be sorted out while staying with my wife in Geneva, or do I need to come back to India and apply for the new changes?

Please guide me on this.

Regards,
BB
Short answer, no. I think you will need to come here on the family reunification permit which just gives you residence rights initially and then talk with the migration/tax offices about working remotely for your employer.

If you decide not to continue working for your Indian employer then a Swiss employer has to make their case for hiring you first before the work part could be added to your residence permit.
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Old 19.11.2020, 18:36
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Hi, I tried contacting the migration office through Phone, but only heard a recorded message. I think it is in French(not sure though). Can someone please translate it? Attached the audio in a zip file herewith this reply.

Have a good day.

Hi, an update on the situation.
I asked a friend in Geneva to do me a favor of going to the canton office and taking an opinion from them about the situation. The lady there has asked to get the visa first, come to Geneva and then submit an application for the case to the embassy, which will in turn send the application for review to the canton.

Can you please guide where is the embassy in Geneva?
@medea, @3Wishes
Attached Files
File Type: zip Files.zip (21.3 KB, 5 views)

Last edited by roegner; 20.11.2020 at 14:15. Reason: Merging consecutive posts
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Old 20.11.2020, 14:12
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Re: Seeking advice on Working remotely for an employer outside Switzerland

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Hi, an update on the situation.
I asked a friend in Geneva to do me a favor of going to the canton office and taking an opinion from them about the situation. The lady there has asked to get the visa first, come to Geneva and then submit an application for the case to the embassy, which will in turn send the application for review to the canton.

Can you please guide where is the embassy in Geneva?
@medea, @3Wishes
I don't see what the embassy has to do with it. Obviously you need to apply for a Type D visa as part of the family reunification process at the embassy in your home country, but no embassy based here in Switzerland would be involved.

I'd contact the Swiss embassy/consulate in your part of India and see what they have to say since that's where you'll be applying for the Type D visa under family reunification.
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Old 20.11.2020, 14:20
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Re: Seeking advice on Working remotely for an employer outside Switzerland

The officer at the Canton office asked to submit an application after I get a Visa and arrive in Geneva. So I am guessing that it has to be the embassy in Geneva or Switzerland in general. I tried searching on the Internet but couldn't find the address. Can you please help me with the address or a contact info?
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Old 20.11.2020, 14:23
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Re: Seeking advice on Working remotely for an employer outside Switzerland

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The officer at the Canton office asked to submit an application after I get a Visa and arrive in Geneva. So I am guessing that it has to be the embassy in Geneva or Switzerland in general. I tried searching on the Internet but couldn't find the address. Can you please help me with the address or a contact info?

No, you first need to apply for a visa in your home country. Nothing to do with your embassy in Switzerland.
When you arrive here you need to apply for a permit. Different story though.
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Old 20.11.2020, 14:32
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Re: Seeking advice on Working remotely for an employer outside Switzerland

Yes, I will apply for a Visa in my home country, that is confirmed. I was asking about the place where I need to submit the application for this particular case(after getting the visa). I am assuming it is somewhere in Geneva or Switzerland as the officer mentioned submitting the application after my arrival in Geneva.
She said embassy. Does that mean after I get visa, arrive in Geneva, then should I submit the application at embassy back in India? Doesn't make sense.
You mentioned getting the permit. Can you please let me know which office in Geneva needs to be contacted for that? Specifically the address. Thank you.
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Old 20.11.2020, 14:41
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Re: Seeking advice on Working remotely for an employer outside Switzerland

Apply for visa in your home country.

Come to Switzerland.
Get your permit at OCPM in Geneva.

Last edited by roegner; 20.11.2020 at 14:54.
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Old 20.11.2020, 14:53
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Re: Seeking advice on Working remotely for an employer outside Switzerland

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Yes, I will apply for a Visa in my home country, that is confirmed. I was asking about the place where I need to submit the application for this particular case(after getting the visa). I am assuming it is somewhere in Geneva or Switzerland as the officer mentioned submitting the application after my arrival in Geneva.
She said embassy. Does that mean after I get visa, arrive in Geneva, then should I submit the application at embassy back in India? Doesn't make sense.
You mentioned getting the permit. Can you please let me know which office in Geneva needs to be contacted for that? Specifically the address. Thank you.
There is nothing to apply for once you have your family reunification permit. The person at the Geneva office is simply wrong. You need to talk to the taxation and employment offices in Geneva once you're here to sort it all out; nothing to do with any embassy whatsoever.

You will not get a Type D visa unless the family reunification permit has already been approved; that's something you/your wife has to apply for at the embassy/consulate in India, not Switzerland.
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