Work & Residence Permits in Switzerland - A Summary

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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.

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Work & Residence Permits in Switzerland - A Summary

  1. 1. Experis Switzerland www.experis.ch Work & Residence Permits in Switzerland
  2. 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. 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. 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.
  5. 5. EU/EFTA Nationals
  6. 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. 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. 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.
  9. 9. 9 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.
  10. 10. 10 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.
  11. 11. 11 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
  12. 12. 12 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.
  13. 13. The World: 3rd State Nationals
  14. 14. 14 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:
  15. 15. 15 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
  16. 16. 16 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. 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. 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.
  19. 19. Summary
  20. 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
  21. 21. 21 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.
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