A summary of the restrictions and requirements for securing a work and/or residence permit for EU/EFTA nationals as well as 3rd state citizens looking to move to Switzerland.
2. 2
Work & Residence Permits in Switzerland
The World According to Switzerland
Switzerland divides the World into 2 parts:
• EU 25 & EFTA
• The Rest = 3rd state nationals
3. 3
Work & Residence Permits in Switzerland
EU/EFTA
3rd state nationals
EU-17/EFTA EU-8 EU-2
Belgium Luxembourg Estonia Bulgaria Asia
Denmark Malta Lettland Romania North America
Germany Netherlands Lithuania South America
Finland Norway Poland New Zealand
France Austria Slovakia Australia/Oceana
Greece Portugal Slowenia Africa
Ireland Sweden Czech Republic
Iceland Spain Hungary
Italy United Kingdom
Liechtenstein Cyprus
What are EU/EFTA member states?
4. 4
Work & Residence Permits in Switzerland
Local Town Hall
(Kreisbüro)
Federal Office of Economics
and Labour
Migration Office
(Migrationsamt)
Residential Registry
Office
Work Permits Residence Permits
L-Permit for EU25/EFTA Work Permits for 3rd state
nationals and EU2
G-Permit for EU25/EFTA
B-Permit for EU25/EFTA C-Permit for EU25/EFTA
Residence Permits for 3rd state
nationals and EU2
The Different Offices – Who does what?
EU25/EFTA members only
need to register at the
Local Town Hall
3rd state nationals and EU2
members need to be
permitted to WORK in
Switzerland first.
Once the Federal Office of
Economics and Labour
approve your work
application...
... They forward all documents to the
Migration Office, to make sure that a
residence permit is issued. Only after
BOTH offices approve the registration will
3rd state nationals and EU2 members be
allowed to live and work in Switzerland.
6. 6
Work & Residence Permits in Switzerland
EU Nationalities and Employment Eligibility
Orange: EU 17 and EU 8
Green: EFTA
Encircled: EU2
EU 17 & EU 8 are sometimes
refered to as „EU 25“
EU 25 and EFTA are allowed to
work in Switzerland without any
restrictions
EU 2 are restricted to work in
Switzerland until 2016
7. 7
Work & Residence Permits in Switzerland
Europe – Online registration for 90 days
Online registration In a nutshell
What is it for? Short-term contracts for less than 90 working days
Who needs to organize it? The employer
Where to get it? Online via EJPD (password protected)
When to get it? 8 days prior to your first day of work
Validity upto individual 90 working days per calendar year
Documents needed • Passport
8. 8
Work & Residence Permits in Switzerland
Europe – L-Permit „Short-term residents“
L-Permit In a nutshell
What is it for? Short-term contracts for
less than 1 year
Who needs to
organize it?
The employee
Where to get it? Local town hall
When to get it? Within 14 days of arrival
in Switzerland
Validity 1 year or less
Documents
needed
• Employment contract
• Passport
• Passport picture
• Rental agreement
Short-term residents – foreign nationals residing in Switzerland for a limited
period of time, usually less than a year, with or without gainful employment.
For EU-2 nationals (Bulgaria and Romania) –
employment is subject to a permit. The temporary
regulations applies until 2016.
The validity period of your permit is the same duration as
your employment contract. It can be extended for a total
period of less than 12 months.
Provided the new quota has not been exhausted, your
permit can be renewed after a stay of 1 year without
having to interrupt your residence in Switzerland.
EU-25/EFTA citizens – entitled to an L-Permit provided you
have an employment contract valid from 3-12 months.
Employment contracts for less than 3 months’ duration do
not require a permit but require registration at the Local
Town Hall.
Jobseekers from EU/EFTA are granted L-Permits
without gainful employment. However, you will not be
entitled to social insurance.
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Work & Residence Permits in Switzerland
Europe – B-Permit „Resident foreign nationals“
EU/EFTA nationals – residence permit is
valid for 5 years. It is issued if you are in
possession of an employment contract of
at least 12 months’ duration or of unlimited
duration. Additional temporary regulations
apply for EU-2 (Bulgaria and Romania)
nationals.
B-Permit In a nutshell
What is it for? Long-term- and unlimited
contracts for more than 1 year
Who needs to organize
it?
The employee
Where to get it? Local town hall
When to get it? Within 14 days of arrival in
Switzerland
Validity 5 years
Documents needed • Employment contract
• Passport
• Passport picture
• Rental agreement
Resident foreign nationals are foreign nationals who reside in Switzerland for a
longer period of time for a certain purpose, with or without gainful employment.
EU/EFTA nationals without gainful
employment are entitled to a B permit if you
can prove you have sufficient financial means
and adequate health and accident insurance.
The residence permit will be renewed for
another five years if you satisfy the
requirements. However, first-time renewal
can be limited to 1 year if you have been
involuntarily unemployed for more than 12
consecutive months.
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Work & Residence Permits in Switzerland
Europe – C-Permit „Settled foreign nationals“
EU/EFTA nationals – the issue of
settlement permits is governed by the
Foreign Nationals Act and the settlement
treaties. The Free Movement of Persons
Agreement does not contain any
provisions relating to settlement permits.
C-Permit In a nutshell
What is it for? Settled foreign nationals who
have lived in Switzerland for five
or ten years
Who needs to organize it? The employee
Where to get it? Migration Office
When to get it? After B-Permit expires and
Migration office grants you a C-
Permit.
Validity 5-10 years
Documents needed • Expired B-Permit
• Permission from Migration
Office
Settled foreign nationals – foreign nationals who have been granted a settlement
permit after five or ten years’ residence in Switzerland. The right to settle in
Switzerland is not subject to any time restrictions or conditions. The Federal Office
for Migration (FOM) determines the earliest date from which the competent
national authorities may grant settlement permits.
For the EU-8 member states, Cyprus,
Malta, Romania and Bulgaria there are
no such treaties.
EU-17 (except Cyprus and Malta) and
EFTA nationals – granted settlement
permits pursuant to settlement treaties
or reciprocal agreements after 5 years
of regular and uninterrupted residence
in Switzerland.
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Work & Residence Permits in Switzerland
Europe – G-Permit „Cross-border commuters“
G-Permit In a nutshell
What is it for? People who have their residence
abroad, but work in Switzerland.
(„Residency“ = they need to go
back to their home at least once a
week, i.e. over the weekend)
Who needs to organize it? The employer.
Where to get it? Migration Office
When to get it? 14 days before they start working in
Switzerland
Validity 1-5 years, depending on the
contract
Documents needed • Employment contract
• Proof of residency abroad
• Passport picture
• Passport
• Name and nationality of parents
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Work & Residence Permits in Switzerland
Europe – G-Permit „Cross-border commuters“
Cross-border commuters – foreign nationals, reside in a foreign border zone but are gainfully employed
within the neighbouring border zone of Switzerland. Cross-border commuters must return to their
residence abroad at least once a week.
“Border zone” describes the regions which have been fixed in cross-border commuter treaties between
Switzerland and neighbouring countries.
Cross-border commuters from EU/EFTA member states – granted professional and geographical
mobility within ALL of Switzerland’s border zones. No such border zone regulations exist for citizens of
EU-25 and EFTA member states. These persons may live anywhere in the EU/EFTA region and work
anywhere in Switzerland provided they return to their place of residence abroad once a week.
The border zone regulations remain in force for citizens of EU-2 member states (Bulgaria and Romania).
The EU/EFTA cross-border commuter permit is valid for 5 years, provided there is an employment
contract of more than 3 months’ duration, of unlimited duration, or of more than 1 year’s duration.
If an employment contract is valid less than a year, the period of validity of the cross-border commuter
permit is identical with the duration of this employment contract. The registration procedure applies if the
period of employment is less than 3 months.
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Work & Residence Permits in Switzerland
The World – Legal basis for 3rd state nationals
Restrictions
Priority 3rd state nationals may only be admitted to work in Switzerland if a
person cannot be recruited from the labour market of Switzerland or
another EU25/EFTA member state.
Vacant positions must be registered with the Regional Employment
Offices (RAV).
Salary The salary, social contributions and the terms of employment for
foreign workers must be in accordance with conditions customary to
the region and the particular sector (prevents underpayment).
Personal Qualifications Cadre, specialists and other qualified employees will be admitted, as
well as other people with special training and several years of
professional work experience.
3rd state nationals are admitted in limited numbers to the labour market in Switzerland, if they
are well qualified and meet certain criterias:
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Work & Residence Permits in Switzerland
The World – Permit ID Cards
Permit Card In a nutshell
What is it for? Work and Residence Permit
Who needs to organize
it?
The employer.
Where to get it? Federal Office of Economics and
Labour (Work Permit)
Migration Office (Residence Permit)
When to get it? Before moving to Switzerland. Can
take up to 6 months
Validity 1-5 years
Documents needed • Employment contract
• Diplomas in English
• passport picture
• passport
• proof that no EU25/EFTA member
could be recruited
• other documents can be
requested on the spot
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Work & Residence Permits in Switzerland
The World – Changing jobs within Switzerland
3rd state nationals and EU2 members are NOT allowed to change jobs within Switzerland.
UNLESS the new company and the new job meets the same requirements as well!
This is because your work permit was granted for a specific job, at a specific company, for
specific reasons.
If you change jobs, the whole permit and residence application process will start afresh.
17. 17
Work & Residence Permits in Switzerland
The World – Family Reunification „Familiennachzug“
Right here, it either says:
• Familiennachzug MIT Erwerbstätigkeit
• Familiennachzug OHNE Erwerbstätigkeit
Husbands or wives are allowed to accompany their spouses to Switzerland. They will be granted a
residence permit. Depending on certain requirements, they will either receive a card that says „With
employment“ (MIT Erwerbstätigkeit) or „without employment“ (OHNE Erwerbstätigkeit).
WITH employment WITHOUT employment
You can start working right
away, without restrictions
The following restrictions are in place in order to change his/her permit into a
„WITH employment“ card:
Salary - The salary, social contributions and the terms of employment for
foreign workers must be in accordance with conditions customary to the region
and the particular sector (prevents underpayment)
Personal Qualifications - Cadre, specialists and other qualified employees will
be admitted, as well as other people with special training and several years of
professional work experience.
18. 18
Work & Residence Permits in Switzerland
The World – Losing your job in Switzerland
If a 3rd state national or a EU2 members loses or quits his job, he needs to move back to his
home country within a short period of time.
If he finds a new job in Switzerland, the application process starts afresh.
Main Permit Holder Main Permit Holder WITH spouse
in Switzerland
Spouse WITH employment
Needs to leave Switzerland
within a short period of time
after losing his job.
If the Main Permit Holder loses his
job, he/she AND the spouse need to
leave. It doesn‘t matter if the spouse
still has a job.
If the spouse loses his/her job, it
doesn‘t affect the Main Permit Holder.
After losing or quitting their job,
the spouse is free to find new
employment as long as the main
permit holder is still employed.
20. 20
Work & Residence Permits in Switzerland
Work Permit Restrictions
EU-17 / EFTA No restrictions – can move to Switzerland and register at the local town
hall
EU-8 Almost no restrictions – quotas on B- and C-Permits, but they will receive
L-Permits and can register at local town hall
EU-2 Restrictions: Priority for Swiss nationals and then EU-17/EFTA and EU-8 in
place until May 2016. Advanced control of salaries and specific restrictions
in the field of services.
3rd state nationals Restrictions: Priority for Swiss nationals and then EU-17/EFTA and EU-8.
Advanced control of salaries and specific restrictions in the field of services.
Permits will be tied to the company they work for, hence they can not
change jobs.
Permit Type
Online Registration For short-term contracts of 90 days or less.
L-Permit For short-term contracts of more than 90 days and less than 1 year
B-Permit For long-term contracts (quota!)
C-Permit For long-term contracts and people who‘ve lived in Switzerland for at least 5
years (quota!)
G-Permit For border-crossers who live abroad but work in Switzerland
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Work & Residence Permits in Switzerland
Registration
process
Responsibilities
EU-17/EFTA
EU-8
L-, B-, and C-Permits: the employee is solely responsible
to announce his stay in Switzerland and register at the
local town hall within 14 days. If he doesn‘t register in time,
he will get fined.
G-Permit: The employer must do the registration PRIOR
to their 1st day of work.
Online registration: The employer will do the registration.
EU-2 and 3rd state
nationals
All permits: the employer must do the registration PRIOR
to their arrival in Switzerland.
22. 22
Work & Residence Permits in Switzerland
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