- within Transport topic(s)
On November 26, the Swiss Federal Council has announced that it may reintroduce the safeguard clause applicable to Croatian nationals, potentially reintroducing quotas on work permits as early as next year. Whether this mechanism will be activated depends on the total number of permits granted to Croatian workers by 31 December.
Switzerland extended the EU Agreement on the Free Movement of Persons (AFMP) to Croatia in 2017, establishing a ten-year transitional period before Croatians gain full access to the Swiss labour market. Throughout this phase, Switzerland retains the right to unilaterally activate a safeguard clause should immigration exceed predefined quantitative thresholds.
The mechanism may be applied once more - in 2026 - before freedom of movement fully becomes effective on 1 January 2027.
Under the applicable rules, the safeguard clause can be triggered if either of the following annual limits is exceeded: 2,004 residence permits (B permits), or 1,116 short-term permits (L permits). Exceeding just one of these categories is enough to prompt the reintroduction of quotas.
The Federal Council will make its final decision in January 2026 after analysing the year-end permits figures. Current data show, that between January and the end of October, 1,492 B permits and 656 L permits were issued to Croatian nationals - still within the admissible limits, but with the possibility of further increases in the final weeks of the year. Should the safeguard clause be activated, the caps applied in 2023/24 would be reinstated: 1,150 B permits and 1,007 L permits.
If activated, quotas would apply throughout 2026. Cantonal authorities have indicated they can implement quota controls with only two weeks notice. Employers are therefore strongly encouraged to anticipate this scenario by preparing application dossiers in advance and booking biometric appointments at the earliest opportunity. Companies in Switzerland should also review alternative strategies - such as intra-company transfer permits (which are not subject to quotas) or dual-location arrangements enabling Croatian workers to remain contractually based in the EU while performing part of their work in Switzerland.
If the safeguard clause is not triggered, Croatian nationals will continue to benefit from the existing transitional regime until full freedom of movement enters into force in 2027.
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