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Old 12.09.2009, 12:33
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Changing Cantons - Allowed with C Permit?

Hi Everyone,

I have a quick question and hopefully someone can give me an answer, as I am confused.

My wife and I just recently received our C permits. My wife lives in Basel under a Wochenaufenthalt (permission to stay during the week but must return to Vaud on the weekends) because she just left our employer in Vaud to become a student at a university in Basel. I remain in Vaud where I continue to work.

Yesterday, my wife went to the Basel Gemeinde to register to live in Basel as a full-time resident with her C permit. The people at the front desk gave her a “Bevölkerungsdienste und Migration- Anmeldeformular” form and a “Bevölkerungsdienste und Migration- Vorstrafenerklärung” form. My wife filled them out, then she was taken to a cubicle for a clerk to process her information. The clerk never bothered to pull up my wife’s information on the database/computer and told her that she cannot register in Basel. She must first fill out an application to be invited to register. She also told my wife that being a student precludes her the right to register to live permanently in Basel, and that I (the spouse) must write a letter stating my intent to move to Basel soon.

Obviously, I am not going to write such a letter since I will be working in Vaud and will not be moving to Basel.

Can someone shed light on what might be going on? I thought with a C permit one had the right to change canton and live permanently where one wishes? My wife is now a student, but she worked under L and B permits for five years prior to earning her C permit this year, the first year that she will be a student.

We thought this would be an easy process, as my wife called the Gemeinde to inquire about the process, and they said that with a C permit, it would take just a few minutes to get her all registered to live in Basel permanently. She had already deregistered from our commune (gemeinde) back in canton Vaud.

Thanks for any feedback,

Hotspur
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Old 12.09.2009, 23:22
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Re: Changing Cantons - Allowed with C Permit?

Sounds like Basel have misunderstood the situation or are being just plain obstructive. I would call them to complain if I were you.
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Old 12.09.2009, 23:29
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Re: Changing Cantons - Allowed with C Permit?

Switzerland taxes husband and wife jointly. Hence, they must reside together unless they are legally separated prior to divorce.

You are registered in VD? Then your wife must, too. She is only in Basel during the week and during University term. She cannot register in BS.

These rules apply to Swiss citizens, too.
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Old 13.09.2009, 20:53
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Re: Changing Cantons - Allowed with C Permit?

Thank you for this information Goldtop!

This is quite interesting and I was completely unaware of this. No wonder the Basel Gemeinde made such a fuss.

So, let me throw this out there, because what you say incurs an interesting scenario, and I would like to know if I am any where near target:

Let's say a Swiss couple works in two cities. One works in Geneva and has an apartment there, and the other works in Zug and has an apartment there. Could they then simply register with the commune/gemeinde of the city that has the lower tax rate? If Switzerland requires couples to be taxed together (which I am not aware of since I have always been taxed at source), then surely the couple would claim residency in the canton that has the lower tax rate. Since (I think) Geneva has higher taxes than Zug, the couple in my theoretical example would choose to register in Zug? Does this sound like a loophole, or is there something I am missing?

Just curious! Thanks again for the information and I will call my commune to get my wife reinstated as a resident (hopefully that will not be too problematic!), and double check with Basel that she cannot register to live there full-time which would allow her to stay there on the weekends.

Hotspur

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Switzerland taxes husband and wife jointly. Hence, they must reside together unless they are legally separated prior to divorce.

You are registered in VD? Then your wife must, too. She is only in Basel during the week and during University term. She cannot register in BS.

These rules apply to Swiss citizens, too.
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Old 13.09.2009, 21:33
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Re: Changing Cantons - Allowed with C Permit?

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Thank you for this information Goldtop!

This is quite interesting and I was completely unaware of this. No wonder the Basel Gemeinde made such a fuss.

So, let me throw this out there, because what you say incurs an interesting scenario, and I would like to know if I am any where near target:

Let's say a Swiss couple works in two cities. One works in Geneva and has an apartment there, and the other works in Zug and has an apartment there. Could they then simply register with the commune/gemeinde of the city that has the lower tax rate? If Switzerland requires couples to be taxed together (which I am not aware of since I have always been taxed at source), then surely the couple would claim residency in the canton that has the lower tax rate. Since (I think) Geneva has higher taxes than Zug, the couple in my theoretical example would choose to register in Zug? Does this sound like a loophole, or is there something I am missing?

Just curious! Thanks again for the information and I will call my commune to get my wife reinstated as a resident (hopefully that will not be too problematic!), and double check with Basel that she cannot register to live there full-time which would allow her to stay there on the weekends.

Hotspur
When husband and wife work in different locations, then various criteria may be used to determine the principle residence:
  • Where are the children? Which school do they attend?
  • Which residence is bigger?
  • Where have the spouses resided previously?
  • What other localized activities do they have?
  • Where are they at the weekend?
  • Do both spouses work full-time?
  • etc, etc.
In the example you cite, you bet GE will try very hard to prove that GE is the principal residence!
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Old 13.01.2016, 18:24
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Re: Changing Cantons - Allowed with C Permit?

I realize this is an old thread but in the interest of not starting new threads, I'm wondering if you could tell me how it works for students...If their residence is in GE but they want to spend most of the time in VD for example, how much time do they have to spend in GE to still be residents of GE (Swiss national).

Thank you!
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Old 13.01.2016, 19:49
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Re: Changing Cantons - Allowed with C Permit?

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I realize this is an old thread but in the interest of not starting new threads, I'm wondering if you could tell me how it works for students...If their residence is in GE but they want to spend most of the time in VD for example, how much time do they have to spend in GE to still be residents of GE (Swiss national).

Thank you!
Weekends.

Tom
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Old 13.01.2016, 19:58
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Re: Changing Cantons - Allowed with C Permit?

Thank you.
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