1. Are you European or non-European?
You do not have the same rights in Switzerland – where residence and work permits are concerned according to whether you are European or non-European.
As a non-European, you need a specific work permit to be authorised to work in Switzerland, even for your own company.
As a European not residing in Switzerland, you are authorised to work in Switzerland for up to 90 days in a year without a work permit.
In this article, the term “ Foreigner” will refer to a non-EU national.
2. The distinction between a work permit and a residence permit
A work permit allows you to work in Switzerland and different rules apply whether you are an employee or an independent worker.
Residence permits allow you to stay in Switzerland but not to work there. You could benefit from such permit if, for example, you are a full-time student, you need medical treatment in Switzerland, or are a beneficiary of regular income without working.
3. If you are a UK citizen
If you already had a work permit in Switzerland before Brexit, you can continue working here even after Brexit if you are still employed by a Swiss employer.
If you did not already have a residence or work permit in Switzerland before Brexit, you are treated as a non-European.
4. Can you live in Switzerland without working in Switzerland?
Permit for retired persons
If you are more than 55 years old and have strong links with Switzerland (for example, previous residence in Switzerland or regular visits, property in Switzerland, family members in Switzerland,etc), you can obtain a residence permit that only allows you to reside in Switzerland. You will need to prove that you have sufficient financial means and to declare that you will not undertake an activity which generates income.
Permit for medical treatment
You can be authorised to stay in Switzerland for the length of a medical treatment if you have sufficient financial means for the length of your stay and if your departure from the country is sufficiently determined.
Authorities will most likely ask for a medical report and a declaration from the medical institution indicating the length and purpose of the treatment.
Permits with lump-sum taxation
There are also possibilities for non-Swiss high net-worth individuals to reside in Switzerland with a negotiated lump-sum taxation paid annually to the tax authorities. This requires a tax ruling from the concerned canton of residence before the permit is issued. This permit does not allow the individual to work in Switzerland.
There are not considered “residence permits” per se. They do not count for the years of residence for a C permit or even for naturalisation,
5. Distinction between Cross-border work permits vs ordinary work permits
If you are a non-EU citizen, for both permits, your employer will need to prove – that no Swiss or EU citizen with the same qualifications as you – was available to take the position.
The cross-border permit may be issued to you if :
- you have been living lawfully in a neighbouring state for at least two years and have been resident there for the last six months
- You are employed in Switzerland in a region which allows you to return home every evening or at least once a week.
- The conditions a) to d) below are fulfilled.
The ordinary work permit may be issued by the Swiss cantonal authorities for the Foreign employee if the following criteria are met:
- The employer has more Swiss and European employees than Foreign employees;
- The Foreign employee has skills that justify his employment;
- The Foreign employee will have salary which complies with local standards for a person with the same position as same qualifications;
- The hiring of the Foreign employee serves not only the economic interests of the Swiss company but also the economic interests of the concerned canton.
The economic interests are evaluated based on the number of employees, the business plan of the company, the sector of activity and its importance for the canton, the innovative nature of the activity for the concerned canton etc.
6. Inter-company transfer permits
This is one of the exceptions to the ordinary work permit process for Foreigners
For companies having business in in at least two other countries apart from the location of the head office (i.e. business services, communication services, environmental services, financial services), executives, directors and highly qualified workers can benefit from an inter-company transfer for 3-4 years.
7. Permit for independent activity
Independent persons can apply for a work permit if they are setting up a company or investing in an existing Swiss company.
It is important to apply for the permit for independent activity before making the investment.
The cantonal authorities may grant the permit according to their discretion if:
- The company’s business activity serves the economic interests of Switzerland;
- The business complies with the local federal and cantonal regulations ;
- The independent person will have a salary which complies with local standards;
- The independent person has sufficient and autonomous financial means for his stay.
8. If I am a Foreigner (B permit or C permit) in Switzerland, can I seek a work permit for my wife and children?
Yes, with a B permit, you can request a permit for “regroupement familial” for your wife and minor children if you plan on living under the same roof in an accommodation which has the capacity for all family members.
This application must be filed within a deadline of 5 years for the spouse and children under the age of 12. For children above the age of 12, the application has to be made within a period of 2 years.
The deadline begins to run from the date at which the Foreigner obtained his first permit (usually a B) or from the date at which he became entitled to a permit (e.g. the date of his/her marriage to a Swiss citizen).
An application made after this deadline is granted only in exceptional circumstances for “serious family reasons” which depend on the discretion of the federal and cantonal authorities.
This type of permit for the spouse allows him/ her to be employed or self-employed in Switzerland.
9. If I am a Foreigner with a B or C permit in Switzerland, can I seek a work permit for my siblings and/or my parents?
It is in principle not possible to seek a permit for your siblings or your parents under Swiss law.
However, an exception can be requested from the authorities if for example, the parent is dependent on your financial support and has been for many years, there are no other siblings in the home country to take care of the concerned parent and/or the medical facilities in Switzerland are important for the wee-being of the parent and the parent speaks the local language and/or has some form of social or economic attachment to Switzerland.
- If you are a Foreigner do not try and apply for any permit without the assistance of an immigration lawyer because there is no “legal entitlement” to a permit and correcting a wrong application may end up costing you more than an initial application, which has been correctly filed.
- If you plan on moving your family to Switzerland, do not miss the deadlines.
- Think clearly about what kind of permit you wish to apply for and do not proceed on a “trial and error” basis which will be perceived as bad faith by the authorities.
- Keep in mind that living or working in Switzerland without a valid permit constitutes a criminal offence in Switzerland. Similarly, a person that rents out his/her apartment to a person who is not staying in Switzerland with a valid visa or permit, also commits an offence under Swiss criminal law.
This article was prepared by Renuka Cavadini of Page & Partners.
Page & Partners provides an introductory call of 20 minutes in English. We look forward to being able to assist you.
Tél.+4122 839 81 50