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-   -   If we re-domicile our US business in CH, can we get residence permits? (https://www.englishforum.ch/permits-visas-government/71849-if-we-re-domicile-our-us-business-ch-can-we-get-residence-permits.html)

Mapache 11.01.2010 01:30

If we re-domicile our US business in CH, can we get residence permits?
 
My wife and I are US citizens who operate a US business, and for non-business reasons (we love the place) would like to reside in Switzerland. We have spent a lot of time here and have met a Swiss entrepreneur who is willing to form a GMBH with us and act as director if this will help us gain residency (the GMBH would employ us). Does anyone know if this is a valid or likely route to obtaining a residence permit? Is there a better solution? What about applying as self-employed persons? Or if our US LLC forms a new GMBH with a Swiss company and we apply for a transfer of key persons?

If anyone has any experience with residence applications for non-EU, self-employed persons or if they can recommend an attorney who can help, that would be great. Thanks in advance.

11.01.2010 07:09

Re: If we re-domicile our US business in CH, can we get residence permits?
 
It really depends on the nature of your business. In order to employ you the GmbH must go through the same process as any other company. If your business is a common one then the GmbH would have to prove that there are no suitable EU / Swiss candidates.

Setting up as a subsidiary or branch and then transfering key staff is an option but this would most likely be for a fixed period after which you would have to leave. You may also have to prove that the role cannot be peformed from the foreign country.

If you have a niche business then the chances of success are somewhat improved but without business reasons for operating in the Swiss market the chance is still low imo.

expat_in_zug 11.01.2010 07:45

Re: If we re-domicile our US business in CH, can we get residence permits?
 
This guy might be able to help you. www.mb-group.ch

Also on Skype: michael_bar

I spoke with him before, but I am Swiss so didn't need the services.

Remember, that you are supposed to continue paying the difference to Uncle Sam, but perhaps your "business" won't and then your business pays you a dividend. That's the best way to pay lower taxes. Also, these guys are really good I met with them for a few hours FREE of charge. http://www.bdo.ch/

Mapache 11.01.2010 14:28

Re: If we re-domicile our US business in CH, can we get residence permits?
 
Thank you guys. I'll check out Michael Bar and BDO.

Our business is unique, and we are certainly the only ones who can do the job. However, our clients are all abroad (this is an internet-based service unique to an industry that Switzerland doesn't have a lot of - it is boring, but I prefer not to say exactly what it is in order to preserve some anonymity). At present all we would bring Switzerland is tax revenue and spending power. You would think that would be enough, especially in this economy. Is it really necessary that we aim to sell to the Swiss market?

While here we have actually come up with an idea for a start-up for the Swiss market. We would fund and develop this business ourselves. I wonder if it would go over with the authorities if we set up a GMBH with a wider business definition that could own both our existing company and the new enterprise. The existing one has the advantage of being in business, while the new one has the advantage of contributing something new to the Swiss market.

I guess the risk in this overall strategy is that we contribute the time and expense of setting up a GMBH, only to have its application for our work permits denied. If that happens, we'll have to turn right around and shut down the GMBH.

HollidayG 11.01.2010 14:31

Re: If we re-domicile our US business in CH, can we get residence permits?
 
Canton Zug and Canton Schwyz are the lowest tax Cantons in Switzerland.

Freebooter 11.01.2010 14:37

Re: If we re-domicile our US business in CH, can we get residence permits?
 
Quote:

Originally Posted by expat_in_zug (Post 665142)
This guy might be able to help you. www.mb-group.ch

Also on Skype: michael_bar

/

Is that the Michael Baer?? you know, one of the baby Baers of family Julius Baer?

If so, he's fallen on hard times having to peddle this pony to common foreigners!

expat_in_zug 11.01.2010 14:41

Re: If we re-domicile our US business in CH, can we get residence permits?
 
I have also heard that canton Obwalden is an overlooked but also very good place for a GMBH. Thoughts?

bpmccartney 11.01.2010 14:55

Re: If we re-domicile our US business in CH, can we get residence permits?
 
If you'll contact me by direct message, I can refer you to our business advisors, they have extensive experience doing exactly what you need to do and can advise you of all the necessary details. They helped my wife's former company (a US-based PR consultancy) setup a local office as a GMBH here and then bring her over as director.

Public Relations consulting is obviously not a unique business area and they we able to get everything organized and approved in less well under nine months.

Unique aspects of business operation and employment requirements for the purpose of getting permits can include native English language skills, specific education requirements or skill sets, etc. Obviously, if you are creative it is quite simple to define parameters to make your business or your qualifications very unique.

One point you should be aware of, while you do need a Swiss person to establish your business, this can be someone, such as a business advisor, who can be removed once the business is established, this is what we did with our GMBH. You do not need to have a permanent 'Swiss' director, perhaps you do to get established before you and your wife arrive and have permits, but afterwards, it won't be necessary.

Finally, I would add that, while it may seem complicated at first, it really is a simple process to establish a business here. Getting permits in addition to that will further complicate the process, but it should be possible with an experienced advisor helping you and some creativity.


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