| In General Two significantly different regimes govern Swiss residence and work permits: - for EC nationals (based on the Agreement on the Free Movement of Persons between Switzerland and the European Community) - for third country nationals Residence and work permits are exclusively issued by the cantons. Permits are subject to quantitative limitations. 1. EC Nationals The provisions of the Agreement on the Free Movement of Persons between Switzerland and the European Community are directly applicable (self-executing). Since June 1, 2002, EC nationals have the subjective right to reside and work in Switzerland. They must be treated in a non-discriminatory manner. During a transition period ending in 2007, certain restrictions continue to apply. For the first two years, the "local worker priority" and an examination of the salary continue. Residents without work or self-employed persons must demonstrate sufficient funds and health insurance. a) Residence with a view to gainful occupation The residence permits issued to people who pursue a gainful occupation are not bound to a canton, nor to an employer or any particular activity. They are issued if an employment contract has been submitted, and they are valid throughout Swiss territory. The validity of these permits is determined by the duration of the employment contract. Short-term residence permit (L-EC) During the first five years after the Agreement has entered into force, 115,000 short-term residence permits will be available to gainfully employed EU nationals. Short-term residence permits are valid for the duration of the employment contract. Gainfully employed EU nationals who have an employment contract of less than four months' duration will be granted a short-term residence permit with a maximum validity of 120 consecutive days. Any residence of less than four months will not be limited. Gainfully employed EU nationals in possession of an employment contract of between three and less than twelve (but more than four) months' duration will be entitled to a short-term residence permit limited to the duration of the employment contract within the framework of the available quotas. Persons who work in artistic professions for instance, in the fields of art, literature and entertainment will not be subject to quotas, provided their employment contract runs to less than eight months. Residence permit CE (B-EC) Residence permits will be valid for five years. Salaried employees will be granted such a permit if they present an employment contract that is valid for one year or more. During the first five years after the Agreement has entered into force 15,000 permits of this kind can be issued. During the transitional period, self-employed people will be entitled to an initial residence permit of six months' validity. After this trial period, they will be entitled to a residence permit of five years' duration, provided they furnish evidence of gainful self-employment. Cross-border commuter permit (G-EC) Cross-border commuter permits will not be subject to quotas. Cross-border commuters who have an employment contract of less than twelve months' duration will be entitled to a cross-border commuter permit whose validity is identical with that of the employment contract. If the employment contract is valid for twelve or more months, the permit will be valid for five years. Cross-border commuters may be self-employed. The procedures applicable in this case are similar to those which apply to self-employed residents. Settlement permit (C-EC) This permit is not regulated by the Agreement. It is granted to EU nationals after five years' residence in Switzerland, on the basis of settlement agreements or considerations of mutuality. It has to be renewed every five years. It is not subject to restrictions with regard to the labour market, and its holders are practically placed on the same level as Swiss nationals (holders can invoke the freedom of trade and industry), with the exception of the right to vote and elect. b) Residence without gainful occupation Residence of less than three months' duration as a tourist does not require any residence permit. People who would like to reside in Switzerland permanently without pursuing any gainful occupation will be entitled to take up residence provided they are in possession of the following, both for themselves and their dependants: - sufficient financial resources to ensure that they will not become a burden on the host country during the time of their residence, - a health and accident insurance policy which covers all the risks. Residence permit (B-EC) People who satisfy the above requirements will be granted a five-year residence permit that is valid throughout Switzerland. The host country will be able to demand the renewal of the residence permit after two years if the requirement of sufficient financial resources no longer seems to be guaranteed. Students and pupils must provide evidence of matriculation in a recognized institution with the primary object of education or training, and they must hold a health insurance policy. They must also furnish credible evidence of having sufficient financial resources. They will be entitled to a residence permit, which is limited to the duration of their education/training course, or which is limited to one year if the duration of the education/training course exceeds one year; the permit can be renewed annually. Job seekers will be entitled to live in Switzerland for a period of three months and will be granted a limited right of residence during this time. They will have no access to social security payments. Their residence permit can be extended for a limited time, provided they are in a position to furnish evidence of job-searching efforts, and provided they have realistic employment prospects. EC nationals do not need a residence permit for a stay in Switzerland of up to three months. Thereafter, EC nationals must submit an application to the cantonal authorities. If family members of EC nationals do not have EC nationality, they may be subject to visa requirements. 2. Third Country Nationals 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. 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 extraordinary assignments. The following categories of residence and work permits are available: Short-term residence and work permits for stays of up to one year (renewable once) are restricted to a maximum period of 18 months for the purpose of vocational further education or for activities of limited duration. Year round residence and work permits "B" for stays of more than one year (renewable) are initially issued, as a rule, for the duration of one year and basically can be extended every year. Permits falling under the federal quota system are primarily granted to qualified specialists. For temporary activities permits limited up to four years may be granted. Border commuter permits for persons living outside of Switzerland in a defined border zone. This authorization can be issued free of quotas to persons who have been residing in the border area of a neighbor country since at least six months. Border commuters can generally only work in the border area of the canton which issued the permit and they must return daily to their domicile. Permanent residence and work permits "C are usually granted after an uninterrupted stay in Switzerland of 10 years. This permit is not subject to any labor market restrictions and the holders have practically the same rights and opportunities as native workers, except the right to vote and elect. 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. Spouses of work and residence permit holders in possession of a residence permit are entitled to a work permit. Intra-company 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. 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, however, exempt from visa requirements when entering Switzerland as tourists. 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. 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), the quota system is less stringently applied, and will be abolished over the five-years period ending in 2007. For further information visit the website of the Swiss Federal Aliens Office or contact our Partners for individual help: www.govaccess.ch |