Consulting to Swiss company [Business Visa Needed?]

[NP1]

Hi all

Our Sydney-based firm has been engaged to do some consulting work to a client based in Zurich. This will ideally involve a few of us working from their offices in Zurich for a few weeks at a time over the next few months.

Does anyone have experience doing a job like this in Switzerland? Did you just say the trip was for 'business' each time? Or did you get a work permit (and as an employee of your client, or of your Australian employer)?

We have received conflicting advice from all sorts of sources (including the Swiss consulate in Sydney and local Zurich immigration office). It appears attending meetings is 'business', while sitting down in an office working on a spreadsheet is 'work' (we will be doing both). We will be employed by our Australian employer, and be paid in Australia. And because of this, our client says they cannot apply for a work permit for us.

Has anybody actually done this, and can comment on their arrangements?

Any advice would be greatly appreciated!

 

[Isochronous]

Re: Consulting to Swiss company

Interesting question. Surely if you just say you're there for meetings they won't bat an eyelid.

 

[elbarto]

Re: Consulting to Swiss company

But you're not employed by the Swiss company, so I would say you're there on business. That would be the key difference.

 

[simongr]

Re: Consulting to Swiss company

My work is similar (internal audit rather than consulting) and I always travel on a business visa (or business visa waiver) to the countries I have travelled to. I have never applied for a work permit (countries include: Hong Kong, Thailand, Japan, USA, Poland (preEU membership), NZ, Singapore, Saudi, India) . I can't imagine there would be an issue. Obviously formal advice is better than random advice on the internet but I sometimes think the way you ask for advice makes a difference. Examples:

"Hi mr consulate staffer - I am travelling to Switzerland and will be working for a Swiss company improving their business for longish periods - do I need a work permit"

vs.

"Hi mr consulate staffer - I consulting to a Swiss company which involves visiting their offices in the Great Country of Switzerland periodically over the next few months - I can just use a business visa can't I?"

At immigration the immigration person will see you have a limited period (possibly multiple entry) business visa and you tick the box marked "business" on the inbound immigration card. Hopefully you will be arriving in J and thus looking presentable and not looking like an illegal immigrant.

Personally I would be applying for a business visa (or waiver) and not even considering a work permit.

 

[NP1]

Re: Consulting to Swiss company

Thanks for the responses

simongr, I was also leaning toward your view, that it's all in how it's framed.

I wrote to the Swiss consulate this morning to try and get something official in writing. I explained our circumstances factually, but very much framed toward 'business'.
They wrote back saying they 'believe' we need a work permit, but our client has to inquire at their local canton immigration office (our client has already told us they they are not employing us as individuals so can't apply for a work permit for us).

I think your approach, simongr, would almost certainly be fine. And I'm sure 1000s of consultants and the like are in Switzerland every day on this basis. However, we are in the difficult situation now that we have inquired about the strict legality of it and have been advised we need a permit.

We think we will now proceed with the work permit application process through a third party immigration consultant. This may take a month (Swiss consulate will take 2-4). We are considering basing ourselves in Italy/Netherlands/Germany/France in the meantime, and commuting 2 days a week to Zurich for meetings (this will be legit 'business' travel, and at least we will be in the same timezone). What a headache!

Any thoughts or better suggestions would still be greatly appreciated!