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Old 20.08.2008, 10:14
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What will happen if I have a job assingment ourside CH for a year?

Dear All:

It is a very long time that I could have time to login and take a look here, no internet at home.

I have a question:

Because the project situation, the company said that I may need to stay in China for one year, and sure that I will remain in the CH payroll. But what will happen to my permit B? Do I have to return from time to time? Will they revoke my resident here in CH? Somebody get the clue? And I don't even have the address in CH if I move to China.

BR Thanks
Laura
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Old 20.08.2008, 10:18
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Re: What will happen if I have a job assingment ourside CH for a year?

Do you have a dependant family here ? Will you maintain a residence here ?

If both answers are no, then its pretty clear you are leaving the country.

Are you EU ?

Dave


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Dear All:

It is a very long time that I could have time to login and take a look here, no internet at home.

I have a question:

Because the project situation, the company said that I may need to stay in China for one year, and sure that I will remain in the CH payroll. But what will happen to my permit B? Do I have to return from time to time? Will they revoke my resident here in CH? Somebody get the clue? And I don't even have the address in CH if I move to China.

BR Thanks
Laura
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  #3  
Old 20.08.2008, 10:21
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Re: What will happen if I have a job assingment ourside CH for a year?

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Do you have a dependant family here ? Will you maintain a residence here ?

If both answers are no, then its pretty clear you are leaving the country.

Are you EU ?

Dave
I have my family in Sweden, not in CH. Yes, I have to maintain the resident here, as I will return to continue work here in Baden after one year assignment.

If there is a big difference if you are EU or non-EU?
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Old 20.08.2008, 10:25
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Re: What will happen if I have a job assingment ourside CH for a year?

Welcome back vvv !

P.S. you can't receive PMs ? I wanted to answer yours and couldn't send it
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Old 20.08.2008, 11:01
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Re: What will happen if I have a job assingment ourside CH for a year?

I would first ask your employer; you will not be the first person to have been in this situation. If they aren't sure, then I'd ask at the cantonal Migrationsamt (in Aarau, if you work/live in Baden), since they are the ones who issue the permits.

In case of doubt, I would also make sure to get a letter from your employer, stating that you will be returning to work in Switzerland again after a year. It will make your life easier when you do.

J.
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Old 20.08.2008, 11:04
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Re: What will happen if I have a job assingment ourside CH for a year?

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I would first ask your employer; you will not be the first person to have been in this situation. If they aren't sure, then I'd ask at the cantonal Migrationsamt (in Aarau, if you work/live in Baden), since they are the ones who issue the permits.

In case of doubt, I would also make sure to get a letter from your employer, stating that you will be returning to work in Switzerland again after a year. It will make your life easier when you do.

J.
Considering the OP is EU it doesn't really matter anyway.

Thank god for the stickies no one reads.
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Old 20.08.2008, 11:52
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Re: What will happen if I have a job assingment ourside CH for a year?

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Dear All:

It is a very long time that I could have time to login and take a look here, no internet at home.

I have a question:

Because the project situation, the company said that I may need to stay in China for one year, and sure that I will remain in the CH payroll. But what will happen to my permit B? Do I have to return from time to time? Will they revoke my resident here in CH? Somebody get the clue? And I don't even have the address in CH if I move to China.

BR Thanks
Laura
what i know is, at least at my company, when a foreigner working in CH leaves the country for more than 6 months, the residence permit will be revoked. returning from time to time may circumvent it, but it's something you need to discuss with HR if it makes sense. otherwise, you may let the permit expire, and the company re-apply for you upon your return. HR should really be your first point of contact.
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Old 20.08.2008, 12:03
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Re: What will happen if I have a job assingment ourside CH for a year?

Hi vvv,

I had a similar situation a few years ago in which I left Switzerland for one year for postgraduate study. As this was in part for my job, (and of course part my own wish), I took 1 year unpaid holiday from my job, whilst remaining on their payroll and officially still an employee. I still paid AHV and company pension contributions for that year. I didn't pay health insurance as I wasn't resident in CH. I also officially de-registered with the authorities.

There was some rule (at least in Basel-Stadt, where I was employed at the time) that meant that because the leave outside Switzerland was for the purposes of my employment/employer I had official 'permission' and this was arranged with the permit police in Basel beforehand. This had the benefit that although that year away itself did not count, the 2 years I had already accrued towards a C permit were not wasted i.e. upon my return, I only had to stay for another 3 years to get my C, instead of starting at zero again.

I am not sure if things have changed or not, since the new relaxed rules for EU permits (my B was still part of quota back then). I will look around and see if I can find anything relevant to this.

cheers,
Jo
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Old 20.08.2008, 13:06
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Re: What will happen if I have a job assingment ourside CH for a year?

OK, I found it. I can't be 100% sure that this is exactly the same regulation that I exploited, but it sounds similar:

http://www.admin.ch/ch/d/sr/142_201/a50.html

"Art. 50: Reentry after foreign stay for work or training purposes".

in a nutshell it says that for the purposes of the employer or for educational purposes, a permit can be issued to a foreigner who has been away from Switzerland for up to 4 years if:
  • before leaving, the reentry has been assured by the cantonal authorities.
  • the necessary application has been made to the authorities by the employer.
  • the salary and working conditions will be retained.
  • the applicant (not sure if this means the person or the company) has an appropriate dwelling available.
So try presenting this info to your HR dept, as it's clear that they have to be with you on this one!
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Old 20.08.2008, 16:02
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Re: What will happen if I have a job assingment ourside CH for a year?

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OK, I found it. I can't be 100% sure that this is exactly the same regulation that I exploited, but it sounds similar:

http://www.admin.ch/ch/d/sr/142_201/a50.html

"Art. 50: Reentry after foreign stay for work or training purposes".

in a nutshell it says that for the purposes of the employer or for educational purposes, a permit can be issued to a foreigner who has been away from Switzerland for up to 4 years if:
  • before leaving, the reentry has been assured by the cantonal authorities.
  • the necessary application has been made to the authorities by the employer.
  • the salary and working conditions will be retained.
  • the applicant (not sure if this means the person or the company) has an appropriate dwelling available.
So try presenting this info to your HR dept, as it's clear that they have to be with you on this one!
Of course none of this is relevant since the OP is EU national, but never mind.
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Old 20.08.2008, 16:12
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Re: What will happen if I have a job assingment ourside CH for a year?

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Of course none of this is relevant since the OP is EU national, but never mind.
it is if they want the time they've already been here to count towards the time needed for the elusive C permit. Otherwise they start from zero again when they return.
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Old 20.08.2008, 18:43
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Re: What will happen if I have a job assingment ourside CH for a year?

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Considering the OP is EU it doesn't really matter anyway.

Thank god for the stickies no one reads.
Quite confusing about the whole system,
tax, insurance, and so on...., also possibility to C permit, time planning, it is just I would prefer that I have it without re-apply again.

Now, I don't have healthy insurance yet, because they need a copy of my permit B, but I don't know when I can get it, So I am still insured from Sweden.

CH is complicated country....
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Old 20.08.2008, 18:45
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Re: What will happen if I have a job assingment ourside CH for a year?

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Welcome back vvv !

P.S. you can't receive PMs ? I wanted to answer yours and couldn't send it
I think it is the setting option that I made, I will change it soon.
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Old 20.08.2008, 19:08
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Re: What will happen if I have a job assingment ourside CH for a year?

Hej Laura,

Välkommen!

As you are from EU-15 the situation is as follows:

You go to the Gemeinde/Migrationsamt if in ZH-City and ask for the ability to return within 2 years (this may have been extended to 3 years by the new foreigner law).
This will cost 65 CHF. The latest you should do this is the day you leave, earlier if you need the de-registration confirmation for Cablecom, Health insurance etc.
They will issue you with a receipt straight away and a letter/bestätigung if you ask.
A week or so later you will receive a letter confirming your status. Keep this until you return.

You will also get your permit back, stamped that you have left your current Gemeinde.
Basically you are treated as if you're leaving your current address and haven't quite decided where (in CH) you're moving to next and you need 2 years to decide!

With the confirmation letter you can then cancel Swiss health insurance etc. You will however need to submit a tax return within 3-6 months.

Alternatively you can leave things for 6 months and then decide, some people do this to make the 2 years 2.5 years .

When you return, present a copy of the letter to customs to bring your stuff back, and bring the letter and your permit when re-registering. They will then be able to process you as if you moved "internally" with a little gap in the middle.

More complicated than the skattemyndigheten I agree but then Sweden became complicated when the Posten/Banken Identitätskort stopped being issued to anyone other than Swedes and their partners for a while (unlike before) with the introduction of the Swedish ID card. This was for cases of resident foreigners who let it expire for more than 6 months. Then the EU stepped in after a court case and claimed discrimination for legal EU residents, so... Sweden can also be a bit complicated .

Hälsningar,
Mick
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Old 20.08.2008, 19:49
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Re: What will happen if I have a job assingment ourside CH for a year?

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Hej Laura,

Välkommen!

As you are from EU-15 the situation is as follows:

You go to the Gemeinde/Migrationsamt if in ZH-City and ask for the ability to return within 2 years (this may have been extended to 3 years by the new foreigner law).
This will cost 65 CHF. The latest you should do this is the day you leave, earlier if you need the de-registration confirmation for Cablecom, Health insurance etc.
They will issue you with a receipt straight away and a letter/bestätigung if you ask.
A week or so later you will receive a letter confirming your status. Keep this until you return.

You will also get your permit back, stamped that you have left your current Gemeinde.
Basically you are treated as if you're leaving your current address and haven't quite decided where (in CH) you're moving to next and you need 2 years to decide!

With the confirmation letter you can then cancel Swiss health insurance etc. You will however need to submit a tax return within 3-6 months.

Alternatively you can leave things for 6 months and then decide, some people do this to make the 2 years 2.5 years .

When you return, present a copy of the letter to customs to bring your stuff back, and bring the letter and your permit when re-registering. They will then be able to process you as if you moved "internally" with a little gap in the middle.

More complicated than the skattemyndigheten I agree but then Sweden became complicated when the Posten/Banken Identitätskort stopped being issued to anyone other than Swedes and their partners for a while (unlike before) with the introduction of the Swedish ID card. This was for cases of resident foreigners who let it expire for more than 6 months. Then the EU stepped in after a court case and claimed discrimination for legal EU residents, so... Sweden can also be a bit complicated .

Hälsningar,
Mick

Hej du,

Är du svensk? Prata du svenska? var bra ! Tack för hjälpen.

It sounds also very complicated, I was thinking about changing addresses to company's address, without notifying the local authority. Does this work?
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Old 20.08.2008, 22:06
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Re: What will happen if I have a job assingment ourside CH for a year?

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Hej du,

Är du svensk? Prata du svenska? var bra ! Tack för hjälpen.

It sounds also very complicated, I was thinking about changing addresses to company's address, without notifying the local authority. Does this work?
Jag pratar Svenska ocksa...
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Old 20.08.2008, 23:47
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Re: What will happen if I have a job assingment ourside CH for a year?

VVV, as I said in another post on taxation, if you are employed by Alstom they know your situation and I am sure that HR will have it under control. Are you going alone on this project? Are others going who are also foreigners? Was it agreed when you started working (you only just started here you said) that you would be sent abroad on a project?

Anyway, Switzerland isn't THAT complicated. They just have lots of rules
As for changing your address without the company knowing...I suggest that this may not be a good idea. May be worth discussing your situation with your boss/HR.
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