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The provisions of
the Agreement on the Free Movement of Persons between Switzerland and the
European Community are directly applicable (self-executing).
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From the first day,
EC nationals have the subjective right to reside and work in Switzerland.
They must be treated in a non-discriminatory manner.
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Residents without
work or self-employed persons must demonstrate sufficient funds and health
insurance.
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During a transition
period ending in 2007 for the old member states (including Cyprus and
Malta), respectively ending in 2011 for the new member states, certain
restrictions continue to apply. This means that during the transition
period, the "local worker priority" and an examination of the salary
continue.
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EC nationals of the
old member states do not need a residence permit for a stay in Switzerland
of up to three months. Thereafter, EC they must submit an application to
the cantonal authorities. EC nationals of the new member states need a work
permit before the first day of work in Switzerland and the principle of
local worker priority and control of salary and working conditions contunue
to apply until 2011.
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Work permit applications can only be submitted by the employer who must
demonstrate that he can not fill the open position with a worker of the local
work force or recruit on the European labor market.
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The local worker priority provision does not apply to intra-company transfers
of executives and highly qualified specialists, and to executives and highly
qualified specialists indispensable for important research projects or other
ex-traordinary assignments.
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The following categories of residence and work permits are available:
|
(i) |
Short-term residence and work permits for stays of up to one year
(renewable once); |
|
(ii) |
Year round residence and work permits "B" for stays of more than one year
(renewable); |
|
(iii) |
Border commuter permits for persons living outside of Switzerland in a
defined border zone; and |
|
(iv) |
Permanent residence and work permits "C", issued only after an extended
stay of normally ten years (US citizens: 5 years) in Switzerland under a
year-round permit. |
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Permits for self-employed persons are only issued
in exceptional cases. Change of employer, profession and/or cantons must be
approved by the competent authorities.
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Spouses of work and residence permit holders, in
possession of a residence permit are entitled to a work permit.
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Intracompany transferees and highly qualified
specialists may be entitled to a work and residence permit under the
provisions of GATS (General Agreement on Trade in Services). A fast track
procedure applies.
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Visa requirements apply to nationals of many
countries, including citizens of the United States, when seeking employment
in Switzerland. Contact the Embassy or nearest Swiss Consulate for procedures.
US citizens are, how-ever, exempt from visa requirements when entering
Switzerland as tourists.
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A quota system limits the number of new work
permits issued to year-round and short-term residents. For nationals of EC
member states and nationals of the European Free Trade Association (EFTA),
there are separate quotas which will be abolished for the old member states
in 2007 and for the new member states in 2011.
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Until 2014 Switzerland is entitled to reintroduce
quotas with regard to the free movement of EC nationals if necessary.
Do I need a lawyer to file a work permit request?
There is no such requirement in the law. However, it should be noted that
only a Swiss employer can file a work permit request with the competent
migration office and not the foreign worker him/herself. Then, cantonal
authorities have wide discretion in their decision-making process. Generally,
it is recommended to seek professional advice for first-time residence and
work permit applications for non-EC nationals.
Is the spouse of an EC/EFTA national working in Switzerland entitled to
work in Switzerland, too?
Yes, family members need a work permit, but are not restricted by quotas.
Does a service provider as EC/EFTA national need a work permit?
Up to three months no work permit is needed but the registration with the
cantonal authorities.
www.imes.admin.ch
Related publications:
Swiss Contract Law
May 2006
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