The conditions under which foreign nationals can enter Switzerland depend on the purpose and duration of their stay on the one hand and on the nationality of the person concerned on the other. Nationality is also decisive with regard to the conditions under which a foreign national can work in Switzerland. In principle, a distinction is made between nationals of EU/EFTA states and so-called third-country nationals (non-EU/EFTA).
Citizens of EU/EFTA states
Under the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU/EFTA states, citizens of the EU or EFTA can enter Switzerland with a passport or national identity card. A visa is not required. However, it must be ensured that the passport or identity card is valid - expired travel documents are only recognised in exceptional cases.
Anyone who wishes to work in Switzerland but remain resident abroad (EU/EFTA) must have an employment agreement with a Swiss employer or fulfil the requirements for self-employment and apply for a cross-border commuter permit (G permit). A further requirement for the granting of a cross-border commuter permit is that the person concerned returns to their foreign place of residence at least once a week. For some cantons the application can be submitted via the EasyGov online counter, otherwise the application needs to be submitted to the competent cantonal authority. The Application in any case must be submitted before taking up employment. If the employment agreement is concluded for an indefinite period or for more than one year, the permit is valid for a maximum of five years. In case of a fixed-term employment agreement with a duration of less than one year, the permit is valid for as long as the agreement.
Anyone wishing not only to work in Switzerland but also to take up residence here requires a residence permit and must apply for one. To do so, the person concerned must – depending on the canton - register with the residents' registration office of the municipality of residence or the migration office within 14 days after entry and in any case before taking up employment. The residence permit will only be issued if a valid employment agreement with a Swiss employer or proof of self-employment can be presented (in addition to a valid passport or identity card). Proof of self-employment can be provided in particular by setting up a company or a permanent establishment with actual and viable business activities. If the requirements are met, a residence permit (B permit) is issued, which is valid for five years. If the employment agreement on which the permit is based is limited in time and lasts between three months and one year, a short-term residence permit (L permit) valid for as long as the agreement will be issued instead of the B permit.
There is an exception to the permit requirement if the work activity in Switzerland lasts less than 90 days per calendar year. In this case, EU/EFTA nationals in general do not require a special permit. Rather, the so-called notification procedure generally applies and the work assignment in Switzerland must be reported to the authorities. The corresponding notification can be submitted online and must be done by the employer or, in the case of self-employed activity, by the self-employed person at least eight days before the start of work in Switzerland.
Third-country nationals (non-EU/EFTA)
Third-country nationals who are not travelling to Switzerland for the purpose of gainful employment (tourist stays) may stay in Switzerland for a maximum of 90 days if they are in possession of a passport. However, this passport must be valid for at least three months beyond the planned date of departure from Switzerland and must have been issued less than ten years ago.
There is also a visa requirement for certain nationals. It is relatively easy to check whether this is the case via the Website of the Federal Department of Foreign Affairs (FDFA).
Persons who already hold a visa from a Schengen state do not generally require an additional tourist visa, as Switzerland is part of the Schengen area. However, this only applies if the stay in the entire Schengen area does not exceed 90 days within 180 days. With a Schengen visa, it is therefore possible to enter and leave any Schengen state as long as the maximum length of stay is not exceeded.
Anyone wishing to work in Switzerland requires a work and residence permit. An exception to this applies for work activities of up to eight days per calendar year.
The number of these permits is limited (so-called quotas) and whether a permit is granted depends crucially on the qualifications of the person concerned and the profession. In any case, the future employer must apply for a work and residence permit for the employee in advance and, as a rule, demonstrate that they were unable to find a more suitable person for the position on the Swiss or EU/EFTA labour market (so-called Priority for Swiss nationals). In principle, a permit is only granted to executives, specialists and other well-qualified professionals - primarily people with a university degree and several years of relevant professional experience - whose employment is in Switzerland's overall economic interest and provided that the salary and working conditions customary for the location, profession and industry are complied with.
The immigration team at VISCHER AG will be happy to answer any questions you may have about entering Switzerland and taking up employment here and to provide you with support.
