Taking up residence in Switzerland without gainful employment is associated with numerous legal and practical issues for EU/EFTA citizens and third-country nationals. This article outlines the different legal framework conditions and requirements under which a right of residence in Switzerland without gainful employment is possible.
When are EU/EFTA nationals who are not gainfully employed entitled to take up residence in Switzerland?
EU/EFTA nationals without gainful employment are generally only entitled to reside or take up residence in Switzerland if certain requirements are met. There are two main requirements: proof of sufficient financial resources and comprehensive health insurance cover. If both requirements are met, a residence permit valid for at least five years is usually issued. At the end of this period, the permit is generally extended automatically, provided the relevant conditions continue to be met.
Additional requirements apply to students from EU/EFTA countries: They must be able to prove that they are enrolled at a recognized educational institution in Switzerland and that their stay is primarily for the purpose of acquiring professional training.
EU/EFTA citizens are deemed to have sufficient financial means if their available resources exceed the guideline values for social welfare benefits in accordance with the SKOS guidelines. In the case of pensioners, the assessment is based on whether the available funds exceed the amount that would entitle Swiss citizens to receive supplementary benefits. It is important to note here: The financial resources do not necessarily have to come from the applicant themselves. They can also be provided by family members or other third parties.
When are non-working third-country nationals (non-EU/EFTA citizens) entitled to take up residence in Switzerland?
Third-country nationals who are not gainfully employed can also only take up residence in Switzerland under certain conditions. In principle, there are two possible scenarios: Firstly, the individual can apply for a residence permit for the purpose of education or training (see section 1 below). The prerequisite is that it is a recognized training institution in Switzerland and that the student's living expenses and return journey are financially secured from their own resources.
There is also the possibility of taking up residence in retirement (see section 2 below). Pensioners who are not gainfully employed can obtain a residence permit if they can prove that they have a close connection to Switzerland and that they have both substantial financial resources and comprehensive health insurance cover.
In addition to these two basic requirements, the law provides for exceptions that may also allow residence in other cases. These include
- Serious personal hardship, such as a serious health condition that makes a return to the country of origin unreasonable.
- Safeguarding important public interests, for example if fiscal or economic considerations justify a stay in Switzerland.
However, these exceptions are granted very cautiously and are based on a very careful case-by-case assessment.
1. Residence for education or training for third-country nationals
Third-country nationals (non-EU/EFTA nationals) who wish to complete education or training in Switzerland can generally be granted a residence permit if the following requirements are met cumulatively:
- Confirmation of admission from a recognized educational institution in Switzerland (e.g. university of applied sciences 'Fachhochschule' or university),
- adequate accommodation,
- sufficient financial means to support themselves during their stay,
- the necessary personal and educational requirements for the desired education.
Permits are primarily issued for first-time students. If an applicant has already completed training abroad, admission is only possible if the planned training or further education in Switzerland serves to deepen or specialize knowledge already acquired.
Apprenticeships are generally regarded as gainful employment and are therefore subject to different admission requirements under employment law.
Proof of sufficient funds can be provided in various forms, in particular through
- a declaration of commitment from a solvent person resident in Switzerland, together with proof of income and assets,
- a confirmation from a bank licensed in Switzerland, or
- a binding assurance of scholarships or educational loans.
2. Taking up residence as a pensioner from a third country
Third-country nationals who are no longer gainfully employed can obtain a residence permit in Switzerland as a pensioner under strict conditions. The conditions are strict by international standards and require the following elements in particular:
- Minimum age of 55 years,
- particularly close personal ties to Switzerland, and
- sufficient financial means to live independently
A key requirement is the existence of special personal ties to Switzerland. These can be derived in particular from
- previous longer stays in Switzerland or
- close relationships with immediate family members resident in Switzerland.
It is important to note that the case law of the Federal Administrative Court requires a separate, direct connection to Switzerland. A close family relationship alone - for example with children or siblings in Switzerland - is generally not sufficient. Rather, there must also be independent connections of a socio-cultural or personal nature that are independent of the family relationship.
Examples of sufficient personal connections include
- active participation in local associations or cultural events or
- regular contact with members of the local population.
For the financial requirements for pensioners from third countries, please refer to the information on retired EU/EFTA citizens.
Conclusion: Who is allowed to live in Switzerland without being gainfully employed?
EU/EFTA nationals who are not gainfully employed are generally entitled to reside in Switzerland, provided they have sufficient financial resources and comprehensive health insurance cover.
For third-country nationals who are not gainfully employed, however, residence is only possible in exceptional cases - namely in the context of training or further education or upon reaching retirement age, in each case under strict conditions. Further exceptions only exist in special cases provided for by law, such as cases of personal hardship or important public interests.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
