Do I need "right to work" visa if I work on UK contract from home in Switzerland?

[WordIsBond]

I think you'll find you can't and haven't been able to since 2012, when Raiffeisen announced they were closing all US citizens accounts, due to FATCA requirements (although some with a personal relationship with their bank manager have managed it). The full list of banks that allow, or may allow US citizens to open accounts with them is here. Yes, this is off-topic, but it is quite a serious gap in your knowledge if you are unaware of the issues surrouding FATCA and its effects on US citizens living in Switzerland.

FATCA would apply even if he gets Swiss citizenship unless he renounces his US citizenship. Dual citizens of the US and other countries fall under FATCA as well.

There are a host of tax considerations for US citizens having businesses abroad. The latest is not even the most egregious. Form 5471 every single year, PFIC tax treatment of mutual fund investments, etc, etc, etc. If you are an American and you took out your mortgage when the dollar was weaker vs the pound than it is now, don't remortgage or even make significant lump sum overpayments, unless you want to get hit with a huge tax on foreign currency gains!

And if you marry an American, you better do it for love and not money, because getting dragged into the US tax system makes the money side of it a nightmare.

As to opening a UK bank account, if his Swiss wife is a director in his company, presumably she'd be able to get it opened.

[NotAllThere]

FATCA would apply even if he gets Swiss citizenship unless he renounces his US citizenship.

In my original post, I lightheartedly suggested that he might like to get CH citizenship and renounce US for that reason.

As to opening a UK bank account, if his Swiss wife is a director in his company, presumably she'd be able to get it opened.

Good point. At least for the next year or so.

[Mark Allen]

Thank you for the good information.

>> You do not need a right to work visa if you are working from Switzerland.
>> You don't need a right to work visa if you are attending business meetings or training in the UK.
>> You might well get away with working a little a few days a month in the UK without a visa,
>> but you might have some explaining to do.

True, but I have been doing this for 30 years and only had a one time issue at the border and it was quickly resolved. Only going their as a tourist or for business meetings. All over within 2 weeks, max.


>> Your problems are two fold. 1) You have to convince the agency (tricky when they're not smart)
>> 2) You can't get a statement from UK immigrations either way - you have to make the decision and take the consequences.

>> I am concerned that the immigration authorities might consider your ltd co as evidence that
>> you're working, but that may be groundless.

Passport records would easily show I go in for 2 weeks every Christmas, and a couple of times for meetings. In and out in a week or two weeks. I can easily show that I am not in the UK beyond this. Bank account is fine, thanks.

>> You might also ask your question on the UK immigration boards and also englishforum.ch, where you might find others in your position.

Thanks, I will check this. Have you a specific UK.GOV web page which covers this 'compliance' piece? Because I would read it through to also become informed on the details.


>> Finally, I can tell you the agencies I worked through if you like.

Yes, this would be great. Thank you.


Ok, this is good information and follows basically what I believe, too. I have my London solicitor working on the 'legal' points and may get them to produce a document, if it is my favour. Then do a telco with the agency and solicitor, et al. Maybe this group could then come to a solution.

Thanks for all your help. If you have anything else, it would be much appreciated.
Mark

[Mark Allen]

Many thanks for your posts, both of you. They are very helpful. Banking is not an issue, nor correct companies. I have them where I need them. Legally. I follow all the rules. Goodness, I have been over here for more than 30 years.

I only need to get the UK agency to follow the rules, all the rules and be a bit flexible with their contracts. To be willing to modify some clauses for a person working outside of the UK. I am fairly sure I am not the first person to have to do this, although I know I am the FIRST at this agency. {sigh...}

Thanks again for all the posts. Really good information I am getting for you all.

Have a great day,
Mark

[NotAllThere]

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