Hi folks,

I need help for the following situation:-

Since working in Germany from last 5 years(but i haven't got the Niederlassung due to my poor german language according to ordunungamt, and have aufenthalterlaubnis till 2008), and

Now i got a very satisfied job in
Roche pharmaceuticals, Basel, Switzerland.

I would like to work in switzerland but want to stay in German border cities.

I have two questions to ask :-

1. If i started working in Switzerland then can my aufenthalterlaubnis will extend after 2008 or not.

2. Is there any way i can get Niederlassung erlaubnis, though my german language is OK.
(Any laywer i can contact for this or some other suggesstions from you people)

I am eagerly waiting for the reply.

Alex.

This is really an extraordinary case. If it had been an old EU member country (e.g. France), then it could be possible I think (although there are no laws stating explicitly, 2003/109/EC Council Directive is still not applicable throughout the whole EU).

I strongly advise you talk to an experienced lawyer ASAP. Because registration, taxation things can be binding. Someone who knows the special regulations between Germany and Switzerland for foreigns might help.

Your nationality might help, read this:
http://www.trust7.com/en/forums/faq_and_important_links/which_countries_welcome_indians_without_visa/

Klenze17.

Hi,

the EU has an agreement with Switzerland to recognize their residence permits and the other way around (for travelling).
http://eur-lex.europa.eu/LexUriServ/site/de/oj/2006/l_167/l_16720060620de00080013.pdf

if you keep your lebensmittelpunkt in germany (in this particular case) if you live in the german side of the border and commute to work (you'll need a permit to work in switzerland, though) its highly likely the ABH will extend your residence permit, even better would be if you manage to create a personal company and get paid in germany, even if you commute to switzerland every day, but then you wouldn't get the taxing benefits that you might get there.

rgds,
-a

@alexanderi

can be out of your question's context but you said "but i haven't got the Niederlassung due to my poor german language according to ordunungamt", how did they checked your language proficiency? And was that after this check that they denied it to you?

Already got NE but will really be interested to know.

D.

Hello,

Switzerland will not give you crossborder commuter visa(living in border country and working in switzerland), if you dont have permanent residency in germany.



and for your 2 nd question

Germany will not extend your Visa ,if you dont have a job in Germany.

Alex,

First of all if you want to live in Germany and work in Switzerland you will have to prove to the German gov. that you are living very near to the border for atleast 6 months prior to working in Switzerland. I cannot give you a reference but atleast I can tell you that this might be very true. If you possess a right residence permit in Germany, swiss gov. should not have pain giving you a work permit.

Secondly, you should convince Swiss local authorities whoever will process your work permit to pay taxes to the German gov. This can be achieved with the help of your new employer conscience only. This is completely a legal issue and for this you might need also a laywer in swiss to help you out of this situation.

This way you could extend your visa in Germany and get NE when you are ready with your German.

P.S.
I think it is also possible to pay half of your tax to swiss and half to German. Clarify this with local swiss authorities if they don't agree on complete transfer of your taxation to Germany.

Actually these rules exist because of mutual agreements on employment laws between these countries, which probably benefits both countries with this special rule.

If you get more info. on this pls post it here.

Cross-border commuters

In contrast to existing legislation, the Agreement between Switzerland and the EU on the Free Movement of Persons provides a gradual liberalisation of the parties' cross-border commuter charter.

The following regulations have been applicable since 1 June 2002:

The requirement of previous domicile in the neighbouring border area for six months in order to be granted the cross-border commuter permit has been lifted.
The requirement of returning to the domicile every day has been replaced by the requirement of returning to the domicile at least once a week.
Cross-border commuters are now also entitled to be self-employed.
The border areas defined in bilateral agreements with neighbouring countries continue to exist for the time being; however, cross-border commuters' freedom to pursue a salaried or unsalaried occupation will be extended to all the host country's border areas.
Cross-border commuters will be entitled to vocational/professional and geographical mobility within all the border areas. They may freely change employers, work, careers and workplace within these areas but during the transitional period will have to give notification of this to the communal authorities or the cantonal immigration authorities.
All EU nationals will now be able to work as cross-border commuters, not only the nationals of neighbouring countries.


Employed cross-border commuters who are in possession of a statement of employment (employment contract) of up to one year's duration will be granted cross-border commuter permits for the duration of their employment contracts. This permit can be extended if the employment is continued. If the employment contract covers one year or more, the cross-border commuter will be granted a permit with a validity of five years.
The employer will be entered in the cross-border commuter permit.

During the transitional five-year period, cross-border commuters who wish to pursue a gainful occupation will first be granted an initial permit of six months' duration. At the end of this settling-in period, they will be entitled to a five-year permit, provided they can furnish evidence of gainful self-employment.

Hi alex,

to be honest with you, if you still have a job in germany, DO NOT give it up! the problem you are facing is your german language. why don't you spend some time to learn it as we all did? you have already been working here for 5 years, what a pity to give it up now. remember another 3 years staying can make you a german citizen, after you got it, you dont have to worry about work permit or resident permit any more, you can work and live freely in any country as you like within EU.
Dont be too optimistic about switzerland, as far as i know, it will take you 10-12 years to get PR in switerland, moreover, you are not allowed to move to and live in different Kanton without proper resident permit (unless you are an EU memeber, you will have different kind of B-permit with more freedom), comparing this with germany, i feel more comfortable in germany, at least we can move and live anywhere as we like.
Finally, language is still a critical requirement in switzerland, you have to pass german or french test in order to get PR(it is called C-permit) after working there for 10 years. are you sure you can manager it over there but not here?
well, think it over again, does it really make sense to move to switzerland?
at last, i'd like to remind you, forget about hiring a lawyer to solve your problem, they won't help you to improve your german, you will be rejected anyway by immigration if you cannot pass german test! if you have so much money to hire a lawyer, why dont you spend them on a german course?

sober and excellent advice from mmtt.

Ask Roche to hire you from their German subsidiary and with unlimited contract and since you are here before the new Immigration 2005 Jan 1st, you are optional in terms of passing the integration course.

Maintain a germany address and work at Swiss until you find a city that is NE application friendly.

After that, you only need to come back once every 6 months. I think.

GOOD LUCK

JIM