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Old 13.10.2009, 19:30
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When to apply residence permit for spouse

Hi all, I have just recently accepted an offer to work in Zurich. Company will apply for work permit and a residence permit for my husband. They said that the permit would entitle my spouse to seek employment in Zurich, so presumably it would be a B-permit. Whether we will actually get that, I am not sure, but let's leave that question aside. But for this question, let's assume that we will get that.

My problem now is that husband wants to stay in the UK and continue with his job until he gets a job offer in Zurich. So do we proceed with his residence permit application now or wait? If he applies before he gets his residence permit, would companies reject his application because he doesn't yet have a residence permit? But if he gets a residence permit and not live in Zurich until he gets a job, would that give rise to complications? We don't mind the extra expenses e.g. all the insurance and what not, I don't mind being taxed as a single income until he actually moves to Zurich. Does anyone have any experience of this situation?
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  #2  
Old 13.10.2009, 19:39
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Re: When to apply residence permit for spouse

1. You do not need a work permit. You only need a residence permit to which you have a right.

2. Your company does not apply for your residence permit - you simply register when you arrive - have a copy of your contract with you when you register.

3. As he is a Brit and most companies will know the above so wouldn't care a jot about his current status he should have no problems.

4. If he is not resident in Switzerland then he has no need of or right to a residence permit.
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Old 13.10.2009, 19:44
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Re: When to apply residence permit for spouse

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1. You do not need a work permit. You only need a residence permit to which you have a right.

2. Your company does not apply for your residence permit - you simply register when you arrive - have a copy of your contract with you when you register.

3. As he is a Brit and most companies will know the above so wouldn't care a jot about his current status he should have no problems.

4. If he is not resident in Switzerland then he has no need of or right to a residence permit.
In a parallel thread, which OP also started, she states that she and husband are both non-EU. Hence both need permits.
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Old 13.10.2009, 19:49
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Re: When to apply residence permit for spouse

You got there just before me Goldtop. Here's the link Swissbob

Health Insurance requirement (living in UK and CH)
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Old 13.10.2009, 19:51
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Re: When to apply residence permit for spouse

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In a parallel thread, which OP also started, she states that she and husband are both non-EU. Hence both need permits.
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You got there just before me Goldtop. Here's the link Swissbob

Health Insurance requirement (living in UK and CH)

Whoops - I took location for nationality.

I think nationality should be a compulsory profile field otherwise silly sods like me will get it wrong .
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Old 13.10.2009, 20:00
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Re: When to apply residence permit for spouse

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Whoops - I took location for nationality.

I think nationality should be a compulsory profile field otherwise silly sods like me will get it wrong .
In the other thread OP says she is a tax expert!
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Old 13.10.2009, 20:03
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Re: When to apply residence permit for spouse

Bumblebee,
You've now opened up three threads which are all variations on the same theme. This thread, the one I mentioned above to Swissbob and now this one:

Travelling out of Switzerland pending actual permits

People here are trying to their best to give you objective advice. It's up to you but firing off different threads with part of the picture probably won't get you answer you're looking for.
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Old 13.10.2009, 20:29
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Re: When to apply residence permit for spouse

Hi all, I don't meant to ask questions in piecemeal fashion. It's just that what I thought was originally feasible seems more complicated and therefore I have more questions as I ask each question. If anyone has any personal experience on similar circumstances, then I would greatly appreciate it.

The reasons why I posted different threads in different topics were because I thought they should be posted according to the topics rather than going off topic on a particular thread. So I thought I would re-post my 'new question' in the right topic, if that makes sense.
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Old 13.10.2009, 21:31
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Re: When to apply residence permit for spouse

Should I start my own thread or use this one?

My wife is getting a job in Zurich and our daughter and I are along for the ride. We are from the U.S.

My question is do I automatically have the right for the resident permit? If yes, then do I automatically have the right to gain employment?

On a slightly different matter I may have a job offer in a city in Germany which I've been told is roughly 20 minutes from Zurich. Not worrying about the intricacies involved in getting the job in Germany; Can anyone see any issue with this supposing I have a Swiss Resident Permit and choose to commute across the border each day for my job? (I can't think of any, but maybe someone might see something I do not?)
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Old 13.10.2009, 21:43
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Re: When to apply residence permit for spouse

Hi Jobo,

I might be wrong and stand corrected, but generally you should get a resident permit if your spouse is given a work permit. You do not automatically have the right for employment, it depends on which type of permit your wife gets. There's a sticky on non-EU permit which will explain different types.

When you say 'not to worry about the intricacies about getting a job in Germany', do you mean your potential employer will obtain a permit for you to legally undertake employment in Germany? Because I would have thought this is essential. If you have the relevant permit to work in Germany, then I don't see any reason why you can't commute in and out of Switzerland everyday if you also have Swiss residence permit.

Having said that, I think you might be considered as resident in both Germany and Switzerland, not sure how the tax would work. Something you need to find out. Generally there's double tax relief, but you probably need to get advice on this.

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Should I start my own thread or use this one?

My wife is getting a job in Zurich and our daughter and I are along for the ride. We are from the U.S.

My question is do I automatically have the right for the resident permit? If yes, then do I automatically have the right to gain employment?

On a slightly different matter I may have a job offer in a city in Germany which I've been told is roughly 20 minutes from Zurich. Not worrying about the intricacies involved in getting the job in Germany; Can anyone see any issue with this supposing I have a Swiss Resident Permit and choose to commute across the border each day for my job? (I can't think of any, but maybe someone might see something I do not?)
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Old 13.10.2009, 21:58
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Re: When to apply residence permit for spouse

Thanks for the reply. What I meant as far as my employment in Germany, was that I did not want to burden this thread with German law, as I first want to know if there would be any issues if I were living in Switzerland.
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Old 13.10.2009, 22:05
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Re: When to apply residence permit for spouse

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Should I start my own thread or use this one?

My wife is getting a job in Zurich and our daughter and I are along for the ride. We are from the U.S.

My question is do I automatically have the right for the resident permit?
No. Although it is unlikely it would be refused.

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If yes, then do I automatically have the right to gain employment?
No, you face the same hoops as anyone else.


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On a slightly different matter I may have a job offer in a city in Germany which I've been told is roughly 20 minutes from Zurich. Not worrying about the intricacies involved in getting the job in Germany; Can anyone see any issue with this supposing I have a Swiss Resident Permit and choose to commute across the border each day for my job? (I can't think of any, but maybe someone might see something I do not?)
You would need a work permit for Germany, obviously. As for cross border residence it would depend on how far away the city in Germany is.
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Old 13.10.2009, 22:19
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Re: When to apply residence permit for spouse

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.... I may have a job offer in a city in Germany which I've been told is roughly 20 minutes from Zurich. Not worrying about the intricacies involved in getting the job in Germany; Can anyone see any issue with this supposing I have a Swiss Resident Permit and choose to commute across the border each day for my job? (I can't think of any, but maybe someone might see something I do not?)
20 minutes is insufficient to drive from Zurich to the border. You need 30 minutes to the border and then there are small German towns but no cities.
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Old 13.10.2009, 22:20
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Re: When to apply residence permit for spouse

Thanks Swissbob! From what I understand the answer is "Yes" to these questions:

So in theory I should be able to get the resident permit?

I should be ale to look for and obtain employment with this permit?

As far as the job in Germany, it would be roughly 20 minutes from the border (not sure what that would equate to in kilometers, but not too many). I guess it could be considered a town.
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Old 14.10.2009, 09:07
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Re: When to apply residence permit for spouse

There's a lot of useful info on non EU permits here:
http://www.englishforum.ch/tags/non-eu/

This is a good summary overview of permits, employment etc:
http://www.bfm.admin.ch/etc/medialib...igration-e.pdf
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Old 14.10.2009, 10:53
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Re: When to apply residence permit for spouse

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Hi all, I don't meant to ask questions in piecemeal fashion. It's just that what I thought was originally feasible seems more complicated and therefore I have more questions as I ask each question. If anyone has any personal experience on similar circumstances, then I would greatly appreciate it.

The reasons why I posted different threads in different topics were because I thought they should be posted according to the topics rather than going off topic on a particular thread. So I thought I would re-post my 'new question' in the right topic, if that makes sense.
What you asked in your other threads are a simply asking the same thing is different ways, and it's not as difficult as you are trying to make it. You have been given all the info you need, but in true 'tax advisor' fashion you are looking for a loophole to drive a bus through. Your desire to have your cake and eat it, may work for you but not with the authorities, so play the same game as everyone else, as upsetting the Swiss is a headache you don't need.

If your spouse is coming with you, go to the gemeinde in the commune where you will be living with your passport, insurance, marriage and birth certs, and rental agreement or proof of address (if company accomodation)..... job done. If he's coming later he'll need the same paper and maybe a copy of your permit.... JIC. The commune will tax you appropriately on this as befits your status.
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Old 14.10.2009, 11:57
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Re: When to apply residence permit for spouse

To Papa Goose, I am not looking for loophole and I thought this forum is meant for people who are looking for help and for those who have experience to provide advice rather than to criticise others. This is totally uncalled for.

I have no intention to withhold any intention from the authorities or not play by the rules. I just want to know what the actual rules are and what people's experiences have been. I have in fact emailed my immigration lawyer but yet to get any response. But in any case, I wanted to know what people's actual experiences as sometimes people experiences may vary.

As I have said and will say that again, our dilemma is that my husband cannot quit his job unless he has a secured job offer in Zurich.

But for your benefit, someone on this forum has been kind enough to share her experience with me and so I have found the answers to my questions.

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What you asked in your other threads are a simply asking the same thing is different ways, and it's not as difficult as you are trying to make it. You have been given all the info you need, but in true 'tax advisor' fashion you are looking for a loophole to drive a bus through. Your desire to have your cake and eat it, may work for you but not with the authorities, so play the same game as everyone else, as upsetting the Swiss is a headache you don't need.

If your spouse is coming with you, go to the gemeinde in the commune where you will be living with your passport, insurance, marriage and birth certs, and rental agreement or proof of address (if company accomodation)..... job done. If he's coming later he'll need the same paper and maybe a copy of your permit.... JIC. The commune will tax you appropriately on this as befits your status.
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Old 14.10.2009, 17:01
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Re: When to apply residence permit for spouse

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someone on this forum has been kind enough to share her experience with me and so I have found the answers to my questions.
Glad you've found what you were looking for. Why not share what you've learnt so others in a similar situation can benefit?
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