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Old 17.01.2007, 22:55
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New EU national looking to become sole trader

Hi everyone

Hugely enjoy reading everyone's comments and thought I might participate!

I've just moved to Vevey in Canton Vaud from the UK and am looking to set myself up as self-employed person under the new rule changes for EU nationals. Now I've been told (by a company specialising in expat moves) that I can't apply for a residence permit if I haven't already got clients here in Switzerland. My clients are based in the UK and in Japan and I get paid in pounds/yen.

Does anyone know the answer to this? Or are you all company sponsored lucky people and do not have this problem? I'm thinking surely if I change my taxation status to filing Swiss taxes it amounts to the same thing??? Right now I've entered the country on the initial 90-day thing so will soon have to apply for a permit...(L obviously)

Thanks
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Old 17.01.2007, 23:07
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Self-employed EU national

Whoops. I've written the same message under the intro section only to find out that I should have kept it short and sweet..sorry Mr. Administrator!

I am an EU national trying to set myself up as a self-employed translator in Vevey. The problem is as my income is paid in pounds/yen I was told by an expat specialist company I wouldn't be eligible for a residence permit - apparently I need to show the authorities I've got Swiss clients.

I thought the beauty of the new law was that I didn't need Swiss clients to get a residence visa - obviously I've misunderstood.

I think that if I switch to paying Swiss taxes the income thing will not be an issue but is that too simplistic?

I've read around most of your threads about the matter and there is very little on being self-employed (apart from the web designer's question) and I just need reassurance that I can apply for a L permit under the new rules without being company sponsored.

Thank you
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Old 18.01.2007, 09:18
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Re: New EU national looking to become sole trader

I've moved your thread to the permits section and retitled it to get more input.

If you can support yourself, pay health insurance and be no burden to the Swiss social system, you should be able to get a permit (certainly later in the year for sure, I believe).

Oops indeed.
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Old 18.01.2007, 10:17
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Re: New EU national looking to become sole trader

As far as I recall you can get a permit by demonstrating your intention to start a business here, or you can come over here as unemployed and looking for a job (EU only). I suppose with the latter you may get unemployment benefit from your home country....you can always become self employed as soon as things seem viable and you have your first client....

dave


Quote:
I've moved your thread to the permits section and retitled it to get more input.

If you can support yourself, pay health insurance and be no burden to the Swiss social system, you should be able to get a permit (certainly later in the year for sure, I believe).

Oops indeed.
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Old 18.01.2007, 23:43
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Re: New EU national looking to become sole trader

Wow that was a quick response. Thanks so much Needed some moral boost before taking the plunge and speaking to lawyers/accountants/immigration people/whoever.

Will keep you posted. Feeling like a new EU guinea pig at the moment...
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Old 19.01.2007, 15:04
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Re: New EU national looking to become sole trader

Hi,
good luck and keep us posted. we are thinking of moving to vevey and doing the same. was not aware about the swiss client thing tho as hubby will have Uk clients only initially.
JO
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Old 06.02.2007, 20:25
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Re: New EU national looking to become sole trader

Okay here is an update on registering as 'self-employed' in the days running up to 1 June 2007.

I first approached the immigration officials in my commune as I didn't know what type of visa to go for - 'employment seeker visa' or one that allows me to work as an 'independent'. When I explained to them that I've got a UK passport and have 2 clients outside Switzerland they said that was fine but I needed to see a 'fiduciary' and create a budget to be authorised as a free-lancer.

So I saw one today in Lausanne (found him in the Yellow Pages under 'fiduciary organisations' using my post code) He suggested that we leave things as they are until 1 June when the whole process becomes more simplified (e.g. 'no quota'.)

However because I'm living rent-free at the moment (I'm living in my friends' flat and they are away for 6 months) he said I still need to sort out my housing situation because the officials will want to see some kind of rent agreement. The catch of course is that I need some kind of permit before I can get some form of housing! The fiduciary suggested naming a Swiss guarantor to get around this problem. As my friends are coming back in April I need to make house-hunting my priority for the time being. You may read about this farce in the housing section next...

So anyway this Swiss client requirement doesn't seem to apply (by the way the company I spoke to is called http://switzerland.isyours.com)

I'm not sure if the wait and see approach will apply to everyone. It could just be that he didn't want to take any chances because I've just set myself up back in July and still only have 2 clients on a part-time basis. (In otherwords, hovering above the poverty line in Swiss terms!!!) But in his words after 1 June there will be no quota and we just need to submit a 'rough' business plan, more like a forecast. I guess approved by him.

So now I just have to convince an estate agent that I need accomodation without a valid permit...a virtual impossibility, you would think!

And....how does a fiduciary differ from an accountant???? (I know! Too late now but can someone enlighten me? He seemed really strong on fiscal matters, having overhauled the taxation system in canton Vaud.)
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Old 06.02.2007, 22:02
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Re: New EU national looking to become sole trader

Quote:
Okay here is an update on registering as 'self-employed' in the days running up to 1 June 2007.

I first approached the immigration officials in my commune as I didn't know what type of visa to go for - 'employment seeker visa' or one that allows me to work as an 'independent'. When I explained to them that I've got a UK passport and have 2 clients outside Switzerland they said that was fine but I needed to see a 'fiduciary' and create a budget to be authorised as a free-lancer.

So I saw one today in Lausanne (found him in the Yellow Pages under 'fiduciary organisations' using my post code) He suggested that we leave things as they are until 1 June when the whole process becomes more simplified (e.g. 'no quota'.)

However because I'm living rent-free at the moment (I'm living in my friends' flat and they are away for 6 months) he said I still need to sort out my housing situation because the officials will want to see some kind of rent agreement. The catch of course is that I need some kind of permit before I can get some form of housing! The fiduciary suggested naming a Swiss guarantor to get around this problem. As my friends are coming back in April I need to make house-hunting my priority for the time being. You may read about this farce in the housing section next...

So anyway this Swiss client requirement doesn't seem to apply (by the way the company I spoke to is called http://switzerland.isyours.com)

I'm not sure if the wait and see approach will apply to everyone. It could just be that he didn't want to take any chances because I've just set myself up back in July and still only have 2 clients on a part-time basis. (In otherwords, hovering above the poverty line in Swiss terms!!!) But in his words after 1 June there will be no quota and we just need to submit a 'rough' business plan, more like a forecast. I guess approved by him.

So now I just have to convince an estate agent that I need accomodation without a valid permit...a virtual impossibility, you would think!

And....how does a fiduciary differ from an accountant???? (I know! Too late now but can someone enlighten me? He seemed really strong on fiscal matters, having overhauled the taxation system in canton Vaud.)
Firstly a fiduciary is an independent financial advisor fully qualified in financial affairs of the person or a company. They are obliged to be a member of the STV and have responsibilities to the Swiss state to act in accordance with the law. Hence when they fill in your tax returns they generally get passed without being closely examined.

While I understand what he is saying to you and I do tend to agree with him, is the prospect of forming a GmbH or in your neck of the woods SA out of the question? You would then be an employee of the company and getting a permit is subsequently no problem at all.

With respect to officaldom, you can of course go "underground" until your friends come back in April and then sort out the permit game or are you using the interim to find accomodation?
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Old 07.02.2007, 15:03
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Re: New EU national looking to become sole trader

Yes, I have thought about it. I think that would solve the permit issue and the topic was discussed with the fiduciary but I think his bottom line was still that without having a proper place to live it would still be difficult to reason with the officials. (Anyone care to disagree?)

In answer to your second question yes, I need to look for an apartment anyway - doesn't it sound impossible though? I told him it was like 'chicken and the egg' situation and he said the equivalent in French went something like a snake eating its own tail.

Maybe this is how they intend to regulate the freedom of movement?
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Old 07.02.2007, 18:09
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Re: New EU national looking to become sole trader

Hi,
as we are looking at doing the same- can anyone tell me if you set up a SA?GmgH and are therefore employed by the company6- does the company need to give you a regular monthly salary? as my hubbies income will be very intermittent.
regards
Jo
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Old 08.02.2007, 00:31
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Re: New EU national looking to become sole trader

Quote:
Hi,
as we are looking at doing the same- can anyone tell me if you set up a SA?GmgH and are therefore employed by the company6- does the company need to give you a regular monthly salary? as my hubbies income will be very intermittent.
regards
Jo
Put simply No... However you do need to have a contract of employment and in this will be the salary. The simple thing to do is to have a low basic plus "commission". The other thing is that as a director you do not need to take the salary. ie you can put down 5K per month and not take it but you will have to pay the AHV.
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Old 09.02.2007, 18:57
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Re: New EU national looking to become sole trader

Quote:
Yes, I have thought about it. I think that would solve the permit issue and the topic was discussed with the fiduciary but I think his bottom line was still that without having a proper place to live it would still be difficult to reason with the officials. (Anyone care to disagree?)
Yes I would disagree with him. You can easily give an ad interim address when dealing with the authorities (indeed you do not need to give any address) and they will fully understand and as the owner of a company in CH be more than happy to help. If you can't get a permit without a job and can't get a job without a permit foreigners by implication would be banned wouldn't they?!
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Old 09.02.2007, 20:09
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Re: New EU national looking to become sole trader

Hello again

I think that if I give the fiduciary one more push a company can certainly be formed with my present job. I've been hesitating only because I intended to use my translation business as a side-kick while I got my other project off the ground and use it to form a company...just my indecision that's all!

That is a valid point about an interim address - when I told the guy from the commune that I don't have a 'rent agreement' so to speak to put on the form he didn't seem very concerned, just that I had some kind of an address on it.

All in all you are saying that if I form a company the whole thing will simplify - right? Whereas the fiduciary seems to be saying that there's much more paperwork to be done if I form a company therefore 'wait'. Unless he's using a housing requirement as some kind of a Darwinian test...

Oh bother
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