Switzerland
ABIL Lawyers
RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE & FUTURE LEGISLATION
RELEVANT GOVERNMENT ENTITIES
The cantonal labor authorities, the State Secretariat for Migration, the cantonal migration offices and the Swiss representations abroad are the most common authorities to be dealing with Swiss immigration matters when it comes to corporate immigration.
SOURCES & CONFLICTS OF LAW
SOURCES OF LAW
With respect to the EU/EFTA area, Switzerland has signed the Agreement on the Free Movement of Persons (AFMP), which lifts restrictions on EU/EFTA citizens wishing to live and / or work in Switzerland. The right of free movement is complemented by the mutual recognition of professional qualifications, by the right to buy property, and by the coordination of social insurance systems.
For other immigration considerations which are not covered by other provisions of the federal law or international treaties concluded by Switzerland, the Federal Act on Foreign Nationals and Integration (FNAI) forms the legal basis, together with further acts and regulations clarifying definitions and expanding on the concepts and stipulations. The FNAI is also applicable to questions not covered by the abovementioned AFMP for those who fall under the consideration of it.
Case law based on the legal and regulatory framework is considered when clarifications to the law and regulations are required.
Lastly, authorities’ practices play an important role in the processing of applications and are based on the legal and regulatory framework.
CONFLICTS OF LAW
Some conflicts arise between the legal claims of different nationalities, due to the international agreements seemingly benefiting foreign nationals to a larger extent than own citizens. Case law in parts seeks to mitigate this where possible.
BUSINESS IMMIGRATION
UNSPONSORED BUSINESS-RELATED IMMIGRATION
Business trips and meetings may be conducted without prior work permit and visa process, though the list of activities which can be performed is somewhat restrictive, placing an emphasis on preparation meetings, negotiations, know-how transmission and passive participation in such.
With regard to short term work activity in Switzerland, foreigners assigned from within the EU/EFTA region may work in Switzerland for max. 8 days per calendar year without prior work permit or registration requirement, however, do note that the 8 days are counted per assigning entity / employer based in the EU/EFTA area.
For those assigned from outside the EU/EFTA area, work in Switzerland based on foreign employment may take place without prior work permit approval or specific visa connected to such approval for max. 8 days per calendar year, per employee. Do note that entry visa considerations may need to be taken into account as many nationalities require visa approval for entry to Switzerland.
With regards to an immigration process based on investment, the applicant needs to show a realistic endeavor which favors the local Swiss economy in the long term. Such cases are treated in connection with the industry, location and prior knowledge of the applicant as well as after having shown a deliberate intent and comprehensive understanding of the planned activity in Switzerland. Therefore, no absolute terms with regards to an individual investment amount are stated.
Remote work
There is no official Digital Nomad Visa program in Switzerland.
Foreigners may work remotely in Switzerland for max. 90 days without prior work permit or registration process only if the work has no connection to Switzerland – neither the economy nor the labor market. If there is a connection to the Swiss economy or labor market, the working stay is classified as an assignment and prior action will be required (for some a registration or work permit approval only, for others in connection with a subsequent specific visa).
For EU/EFTA nationals wishing to live and work (remotely) in Switzerland long term, registration for residence in Switzerland is possible, though consideration should be given to the fact that direct registration for adherence to the social security and taxation system needs to be organized on the employee level.
Non-EU/EFTA nationals are not admitted to residence in Switzerland to work remotely. They may do so in connection with entry and residence based on another reason (family regroupment for example).
As these categories and processes can be very complex, please make sure to enquire about the requirements in good time before any intended working stay in Switzerland.
SPONSORED BUSINESS-RELATED IMMIGRATION
Depending on the intended duration of a work assignment in Switzerland as well as the location from which the assignment is planned, and the nationality of the assignee, several options exist.
An online registration system similar to the EU Posted Worker notification system exists which can be used for assignments from the EU/EFTA region to Switzerland for max. 90 days per calendar year per assigning entity (and employee). Several employees can be registered for the same day under this system.
For longer intended stays, a short-term work permit for either up to 4 months or 120 days per granted 12 months can be obtained, enabling assignment-based work which does not include setting up residence in Switzerland. Longer assignments can be organized by obtaining an L permit (duration between 4 and 24 months) or a B permit (longer term stays, though for assignments usually capped at around 4 or 5 years in total).
As to work permits and visas in connection with intended employment in Switzerland based on local employment with a Swiss company, EU/EFTA nationals benefit from easy access to the Swiss labor market whereas for non-EU/EFTA nationals prior work permit approval as well as in many cases visa authorization need to be obtained beforehand.
SPONSORS
REQUIREMENTS FOR SPONSORS
Any company registered in the local commercial registry in Switzerland may employ foreigners if the requirements are fulfilled in terms of obtained permission or registration, depending on the case. No prior specific registration needs to be made by the legal entity in order to qualify as an employer, though the authorities can and do ask for specifics with regards to effective business activities and infrastructure at the location mentioned.
Companies hiring foreign nationals must complete a right to work check before the hire and comply with immigration laws and regulations by obtaining work permit approval as well as visa authorization where required. They should keep records in connection with the employee’s immigration status.
SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS
Swiss law stipulates criminal as well as administrative sanctions to penalize transgressions. Monetary and disciplinary fines are most usually with criminal liability reserved for more severe cases. Companies which have repeatedly violated the law can be named in a public list and refused further permit approvals for a certain duration.
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
Switzerland allows residence for members of the LGBT community who fulfil the requirements (which are thus based upon assignment, employment, studies or family regroupment).
DEPENDENTS
PERSONS QUALIFYING AS DEPENDENTS
For EU/EFTA nationals, the spouse (or same-sex partner in a registered partnership) as well as minor children until the age of 21 are considered immediate dependents with a direct legal claim to family regroupment for a long residence in Switzerland. Also, relatives in ascending line as well as those of the spouse which are dependent on the applicant. For non-EU/EFTA nationals, the family regroupment is considered for the spouse (or same-sex partner in a registered partnership) as well as minor children until the age of 18.
SETTLEMENT & CITIZENSHIP
PERMANENT RESIDENCE
Permanent residence (C permit) is granted at the earliest after 5 years of continuous residence for some EU/EFTA nationals as well as non-EU/EFTA nationals whose country of origin has concluded bilaterial agreements with Switzerland regarding early obtainment of a permanent residence status.
For nationals of the more recently joined EU countries as well as non-EU/EFTA nationals whose country of origin does not have a bilateral agreement with Switzerland, permanent residence is granted after 10 years of continuous residence in the country. An early permanent residence can be applied for after 5 years if sufficient integration (especially in concerning local language skills) can be shown.
PRESENT CLIMATE & FUTURE LEGISLATION
PRESENT CLIMATE & TRENDS
Recent years have seen a pronounced increase in immigration to Switzerland, reflecting a comparably robust economy and attractive living and working conditions. The currently valid legal background and provisions contained therein provide a flexible framework to assist the national economy navigate through the developments.
FUTURE LEGISLATION
Ongoing negotiations with the EU/EFTA countries regarding future agreements as well as developments within Switzerland concerning educational policy are being followed closely by politicians, companies in the service and the industrial sectors as well as the resident population represented.