9 replies to this topic

[jnb]

Hello,

I am looking for advice on a special case.

Situation now:

CH national with non EEA Spouse (swiss resident permit)
Working and living in Zurich Switzerland.


Goal

Living in UK with wife and continuing working in Switzerland (commuting weekly)

I will have a swiss residency during the week and flying back in the UK for the week-ends.
I will reduce my working time to get extra weeks of holiday that I'll spent in UK.

My questions:

- What will be my status in UK and which form should I filled?
- Will it be possible for my spouse to apply for the EEA2 residence?

Extra information about taxes are welcomed too.


Regards

[Susi]

It appears that you'll have a problem in showing that you're 'exercising your treaty rights' in the UK as you'll be employed and working in Switzerland. This will mean that your wife won't be given UK residency as she'll be unable to prove that you're complying with the regulations when she applies for an EU permit as your family member.

[jnb]

Thank you for your answer.

I may have forgot to mention that we have one kid who is swiss national and will live in UK with my spouse, not sure it changes something.

[Susi]

I don't believe it does, as your wife can't be your child's dependent.  Wait for more comments. I may have missed something.

[Pumpkin70]

Jnb, how many months a year do you anticipate spending in CH? The EU rules state that residency is not broken if one's absence is not more than 6 months per year.

I imagine that you pay taxes in CH? If so, and if you are spending 6 months or more living in the UK, then you can exercise your treaty rights in the UK as a 'self sufficient' Union citizen. This will require you to obtain CSI - Comprehensive Sickness Insurance - for all your family to enable your wife successfully obtain a residence card as confirmation of her status in the UK. The advantages of having this RC are that she can gain employment with ease, obtain financial or credit products etc.

So...you need to think carefully about how you work this arrangement out to enable your family remain in the UK in accordance with the EU regulations.

[Gentleman of Leisure]

Pumpkin, EU law is not my strong suit, but my understanding is the six month absence is cumulative per year rather than in one go.  So a guy who spends 5 days out and 2 days in (per week) is definitely breaking residence.  Don't take this notion of mine to bank just yet; wait for more comment from more informed members.

[jnb]

Hello Pumpkin,

Thank you for your reply.

I plan to be working roughly 184 days a year in Switzerland.

But as i will be commuting every week-end, I would like to know how a travelling day count?

Yes I will be paying taxing in CH ( at least I need to be sure it happens like that as the taxes are well lower in CH)

Regards,

[jnb]

Gentleman of Leisure, on 06 November 2012 - 09:20 PM, said:

Pumpkin, EU law is not my strong suit, but my understanding is the six month absence is cumulative per year rather than is one go.  So a guy who spends 5 days out and 2 days in (per week) is definitely breaking residence.  Don't take this notion of mine to bank just yet; wait for more comment from more informed members.

Actually, as i will reduce my time to 80% activities, I will have lots of weeks of holiday to take. my goal is to compensate with more complete week of holidays.

Regards,

[Pumpkin70]

Gentleman of Leisure, on 06 November 2012 - 09:20 PM, said:

Pumpkin, EU law is not my strong suit, but my understanding is the six month absence is cumulative per year rather than in one go.  So a guy who spends 5 days out and 2 days in (per week) is definitely breaking residence.  Don't take this notion of mine to bank just yet; wait for more comment from more informed members.

I am not 100% sure about this either and understood that absences needed to simply be no more than 6 months per year for one to maintain residency.

Jnb, you best read through the relevant sections of the regulations and understand the residency requirements as they practically translate. I would not want to inadvertently mislead with inaccurate/misinterpreted information.

[Mutly]

Gentleman of Leisure, on 06 November 2012 - 09:20 PM, said:

Pumpkin, EU law is not my strong suit, but my understanding is the six month absence is cumulative per year rather than in one go.  So a guy who spends 5 days out and 2 days in (per week) is definitely breaking residence.  

Indeed, that won't consitute residence. That comes down to the right of entry and presence for three month on each entry.
It would be necessary to be in the UK with absences under six months in a twelve month period to exercise treaty rights as a self-sufficient person with CSI. Some sort of proof, such as bank statements, council tax, lease, would need to be retained to prove presence.

jnb, on 04 November 2012 - 12:46 PM, said:

Situation now:

CH national with non EEA Spouse (swiss resident permit)
Working and living in Zurich Switzerland.


Goal

Living in UK with wife and continuing working in Switzerland (commuting weekly)

I will have a swiss residency during the week and flying back in the UK for the week-ends.
I will reduce my working time to get extra weeks of holiday that I'll spent in UK.

My questions:

- What will be my status in UK and which form should I filled?
- Will it be possible for my spouse to apply for the EEA2 residence?

Extra information about taxes are welcomed too.

Grüezi aus Zürich! Unusal to answer UK questions from other people in Switzerland.

If I understand correctly you are the Swiss spouse, your wife is non-EEA and she and your child wish to live in the UK full time?

Assuming your wife doesn't qualify under any of the UK national immigration routes, you would need to reside in the UK without excess absences and exercise treaty rights there. As Pumpkin said, you would need CSI, it would need to cover your wife and child as well. The Swiss EHIC (Krankenversicherungskarte) will not suffice for this purpose if resident in the UK unless temporarily studying there, but must be maintained in Switzerland anyway if you live there. If resident in the UK you would also be eligible for the NHS, but that's a separate issue from the CSI requirement under the European rules.

You also need to be self-sufficient, that means having financial resources which are enough for you and your wife and child. This is the case if your income exceeds what the UK social security for your family would be and can sometimes be the case otherwise. A Swiss income probably does exceed that amount. Once self-sufficiency is established and your wife has a residence card, she can work, however the CSI needs to be maintained.

If your wife applies for a residence card (EEA2) you have to send your passport or ID, you can use the other one for travelling in the meantime. She needs to send her passport and return can take several weeks, so she can't travel during that time.

Having a child doesn't make a difference in this situation except that your wife could qualify through her own self-sufficiency as a parent but the HO doesn't reckon that for permanent residence and it's no easier than showing your own self-sufficiency if you spend enough time in the UK. Otherwise, if it would need to be through the child, note that it would be your wife who would require the resources and she would need to have them at the time rather than rely on your ongoing salary and she would not be allowed to work.

Overall this is a rather complex situation. If you're planning to move to the UK it may be easier to wait until you all move together.

I'm no expert on tax but if you spend more than six months per annum in Switzerland, you pay Swiss tax. Generally you would then not pay UK tax as well but you need to take advice on that. If you're resident in the UK for the purpose of the European rules that may change.