Introduction
The bilateral agreement on the free movement of persons concluded between
Switzerland and the EU, which entered into force on 1 June 2002, facilitates
entry, residence and gainful employment in Switzerland for nationals from the
member states of the EU as well as citizens from Norway, Iceland (EFTA members)
and – conditionally - Liechtenstein.
Switzerland did, however, apply the transitional provisions provided for in
article 10 of the agreement on the free movement of persons, namely the priority
of local labour and the control of the terms of pay and employment, during a
period of two years until 31 May 2004.
It has also planned to allocate work
permits according to a quota until 31 May 2007. Quotas for EU citizens desiring
to work in Switzerland will be suspended as of 1 June 2007. For the time being,
you still need a residence permit and a work permit, and you are still subject
to the quota system. The procedure for delivering these official documents has,
however, been simplified. The cantons are exclusively responsible for this
procedure.
Admission to Switzerland for employment purposes was therefore partially
liberalised as of 1 June 2004. If all goes according to plan, the free movement
of persons should be fully introduced as of 1 June 2014.
The new residence and work permits
The agreement on the free movement of persons provides for short-term
residence permits (up to 364 days) and five-year residence permits. Furthermore,
the persons with a short-term residence permit are not obliged to leave
Switzerland when their employment contract comes to an end.
Short-term residence permit (permit L EC/EFTA)
To obtain a short-term residence permit, you need to have an employment
contract for a period of less than 12 months. The request for a short-term
residence permit must be made by the employer with the cantonal labour market
authorities. You will receive a short-term residence permit for the duration of
your employment contract. On presentation of a new employment contract, you can
apply for a new short-term residence permit. If the duration of your employment
contract is inferior to one year, you will receive an authorisation for the
duration of your professional activity. If its duration is superior or equal to
one year, you can apply for a residence permit.
Residence permit (permit B EC/EFTA)
If you have an employment contract for a year or longer or unlimited in
Switzerland, you obtain a residence permit that is valid for five years. This
permit is also a guarantee for professional and geographical movement, which
allows you, if the opportunity arises to accept a different job from the one you
had when you arrived in Switzerland, to change your place of work or to become
self-employed.
To obtain this permit, you need to take the same steps for
obtaining a short-term residence permit (see above). On presentation of an
employment contract for a year or longer, your residence permit will be extended
for an additional period of five years. The extension may, however, be limited
to a year if you have been unemployed, against your will, for more than twelve
months in succession.
Self-employment
Your status as a European citizen, theoretically gives you the right to
settle in Switzerland and to set up your own business, provided that you do so
assuming full responsibility and at your own risk. Regulations are different
depending on whether you have an L or a B permit. For more information, go to
the website of the Federal Office of Immigration, Integration and
Emigration.
Cross-border commuter status (permit G EC/EFTA)
The cross-border commuter status are the
following:
- All EU citizens have access to the cross-border commuter status
- There is an obligation to return home on a weekly basis.
- If you have an employment contract for at least a year, you will receive a
cross-border commuter permit for five years
- You have the possibility to set up your own business.
- You may in connection with your work, acquire a second home as well as work
space in Switzerland
- During the first five years, you have the right of professional and
geographical movement within the cross-border zones, which will be eliminated as
of 1 June 2007.
If you are looking for work in Switzerland
You do not need a residence permit for a maximum three-month stay in
Switzerland. If your job search lasts longer than three months (or if you are
exporting your unemployment benefits), you have to apply to your commune of stay
for a residence permit, which is valid for another three months period, for the
purpose of looking for work.
These permits are not subject to quotas. In
accordance with the bilateral agreements, they do not entitle you to receive
social aid benefits from your host country.
Non active persons (retired people and students)
The communal government of your future place of residence will provide you
with all the necessary information on residence permits.
Residence permits are
valid throughout Switzerland; however, you must notify communal authorities
about any change of domicile.
In principle, two conditions need to be fulfilled
to obtain a residence permit:
- You must have sufficient financial means to provide for your own and your
family’s needs.
- You must have health and accident insurance coverage.
Your first residence permit as a non active person will be issued for a
period of five years.
If you are a student
In addition to the two conditions mentioned above for retired persons, you
must prove that your main reason for being in Switzerland is to pursue your
studies and that you are enrolled in a university or a recognised college of
higher education as a regular student.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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