100 % success rate in applications for qualified 3rd country nationals

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Although the unemployment rate in Switzerland rose from 1.9% in July 2023 to 2.0% in August 2023, it still remains at a very low level. Faced with historic labour shortage companies are forced to extend the geographic radius in their desperate search for qualified specialists.

Do you have successful candidates with Non-EU/EFTA nationalities? The process of employment of third-country nationals in Switzerland is very complex and has several steps. The International HR Services team specialises in assisting the employers with this process. We support companies in drawing up contracts, take care of the submission of applications and advise on social security questions, payroll and tax issues. Our offer includes a 360-degree service to help you fill the vacancy in the best possible way and to ensure that new employees obtain Swiss work and residence permits. We are also happy to help with questions regarding family reunification.

Please contact us, we look forward to hearing from you.

No Swiss working permit

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For white collar work up to 8 days a year in Switzerland foreigners don’t need a Swiss working permit.

When living in EU/EFTA:

  • Third Country or EU/EFTA Citizens
  • Employed or self-employed abroad
  • No need of Swiss working permit for 8 days a year
  • The 8 days are counted per sending company, if a company is sending more people to Switzerland it is cumulated

When living in a country outside EU/EFTA

  • Third Country or EU/EFTA Citizens
  • Employed or self-employed abroad
  • No need of Swiss working permit for 8 days a year
  • The 8 days are counted per person
  • EU/EFTA Citizens don’t need an entry visa
  • Third Country nationals from the following countries don’t need a visa: Albania, Argentina, Australia, Bosnia and Herzegowina, Brazil, Canada, Chile, Colombia, Georgia, Guatemala, Honduras, Hong Kong, Israel, Japan, Macao, Malaysia, Mauritius, Mexico, Moldova, New Zealand, Nicaragua, Panama, Paraguay, Peru, Serbia, Seychelles, Singapore, South Korea, Taiwan, Trinidad and Tobago, Ukraine, United Arab Emirates, UK, USA, Uruguay, Venezuela.
  • All others need an entry visa based on an invitation letter

Please do not hesitate to contact International HR Services Ltd. for further questions.

Workation in Switzerland

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Holidays are approaching and some may consider spending them in Switzerland. If you are from abroad and add some working days on the laptop, this is not a problem. Such working days in Switzerland, up to 3 months a year, you don’t need to register as work.

Third country citizens, who need a Schengen Visa, can stay up to the length of their visa in Switzerland and work from a holiday flat or hotel, without registration or a work permit in Switzerland.

Happy holidays to all – don’t work too much! Your IHRS Team.

Ukraine Swiss work permit

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The State Secretariat for Migration (SEM) decided to activate the Protection Status “S” for Ukrainian refugees and their family members. This decision aims at accelerating the asylum-seeking procedure for Ukrainians in need of protection by establishing a swift, flexible, and pragmatic process. The SEM lifted the blockage by granting expeditious access to the Swiss labour market for Ukrainian refugees with the Status “S” based on the guideline (Weisung) issued on 15 March 2022. The Cantonal Offices for Economics and Labour and the Cantonal Offices for Migration will accelerate the work permit applications. However, the working conditions and wages must be in line with legal requirements. A work permit authorisation can be issued based on the validity of the Status “S” and no entry authorisation is required. Furthermore, the work permit authorisation does not fall under the work permit quota.

Please don’t hesitate to contact International HR Services Ltd. for further questions.

How to obtain a Swiss working permit?

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We receive many questions on how to obtain a Swiss working permit. Please find underneath the general rules for people who would like to work in Switzerland (does not include family reunion).

The processes of the grey marked fields are less known and are worth to consider when the case fits. A lot of immigration companies still propose a thorough search in those cases although it can actually be skipped. A close look is recommended.

Please do not hesitate to contact International HR Services Ltd for further questions.

Swiss settlement permit C: Application after 5 years for Third Country Nationals

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A settlement permit (C-permit) can be granted before having stayed in Switzerland for 10 years if there is proof for a successful integration. For this, the applicant must meet the following criteria:

  • Continuous stay in Switzerland under a residence permit for the last five years
  • Respect for the rule of law and the values of the Federal Constitution
  • Good knowledge of the national language at the place the applicant is living (orally at least reference level B1 and in writing at least reference level A1 – caution, there are cantonal differences!)
  • Will to participate in economic life and to acquire education
  • An open-ended employment contract
  • Financial and economic independence
  • No social welfare assistance
  • No debts
  • Residence in the respective canton of application
  • Possession of a valid residence permit
  • Good conduct (i.e. no reason for permit withdrawal); no judicial record

The application must be filed and reviewed at the canton of living, which then submits it to the federal authorities (SEM) for approval. If the federal authorities give their consent, the cantonal migration office issues the foreigner’s Permit Card C and sends it to the residential community office to be handed over.

Documents required:

  • Language diplomas proving the requested language skills
  • Copy of current work confirmation/teaching company confirmation
  • Yearly pay reviews of the last three years as well as last three monthly pay slips
  • Tax account reports of the last three years
  • Extract from the register for recovery of claims, covering the last 5 / 10 years
  • Extract from judicial record
  • Written justification for the application

Some cantons deny an application after 5 years. However, an application can nevertheless be tried as the federal authority SEM is responsible for the final decision.

Please don’t hesitate to contact International HR Services Ltd for further questions.

Required proof of language skills before granting or extending a permit in Switzerland

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IMPORTANT FOR ALL FOREIGN EMPLOYEES IN SWITZERLAND

Requirements since January 1st, 2019
Since January 1st, 2019, Switzerland has a new law where permits to stay in Switzerland, incl. prolongations, are only granted when the knowledge of local language skills is proven. With local language is meant the common language of the place where the person stays; French in Lausanne, German in Zug, Italian in Lugano etc.

It is very much recommended to Companies employing foreigners to inform them about this new law and decide on an early stage (in a policy) who pays the language course for the employee and his / her family, as well as whose responsibility it will be when the employee and the family don’t meet the requirements for a Swiss permit prolongation.

Granting or extending the residence Permit (B) of third country nationals

Who Requirements
Family reunion with a third country national holding a B, C or F permit Knowledge of the local language: oral A1

or

Registration in a language course that leads to a level.
After ceasing a marriage (after at least three years of marriage and fulfillment of the integration criteria) Knowledge of the local language: oral A1
Caretakers and teachers from third countries Knowledge of the local language: oral B1, written A1

Granting the residence permit for settlement (C)

Who Requirements
Grant of the residence permit after 5 or 10 Years.

Nationals of the following countries are exempt: Belgium, Netherlands, Italy, France, Austria, Germany, Denmark, Spain, Portugal, Greece, Liechtenstein

 Knowledge of the local language: oral A2, written A1

 
Regranting the permit after a downgrade or stay abroad. Knowledge of the local language: oral A2, written A1
Early Grant of the permit after 5 Years. Knowledge of the local language: oral B1, written A1

Proof of evidence

Local language skills are considered to be proven if the applicant;

  • speaks a national language of the place of residence as a mother tongue
  • attended at least for three years the compulsory School in Switzerland in a national language
  • has completed a training in a national language at an upper secondary level (E.g. Apprenticeship, High school or Technical School) or tertiary level (E.g. university or university of applied sciences)

If the applicants do not meet any of the above three requirements, they must present a recognized language certificate that certifies the required language skills.

Recognized language certificates include:

Summary
This new law had its rollout in the 26 Swiss cantons four months ago. Its application can vary as well as the grade of its strictness. Nevertheless, Switzerland requires an integration into the Swiss culture and language from foreigners living and working here.

Please don’t hesitate to contact International HR Services Ltd. for further questions to this subject.

Expatriation to Switzerland from Non-EU/EFTA: 12 months previous employment required

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Employees coming from outside EU/EFTA, being expatriated to Switzerland, need to have 12 months previous employment at the legal entity outside EU/EFTA. If they are employed at a legal entity in EU/EFTA only one month of previous employment is required.

The 12 months requirement for outside EU/EFTA comes from the GATS agreement, which is valid for all WTO member states. So, if a company expatriates an employee from a Non-WTO state this rule doesn’t need to be applied and the 12 months previous employment should not be required.

Recommendation: Swiss cantonal offices may be strict about this 12 months requirement. Should your expatriation not be from a WTO member state you have the right to challenge this and send employees to Switzerland who haven’t reached 12 months employment at your foreign legal entity.

Please don’t hesitate to International HR Services Ltd. for further questions on this topic.

 

Free movement of persons with Croatia: Extension of the transition phase

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Since January 1st, 2017, the protocol for extending the free movement of persons from Croatia has been in force. During a multi-stage transitional phase, special conditions apply for Croatian nationals entering employment in Switzerland. The first period of this transitional phase ends on 31st December 2018. At its meeting on 7th December 2018, the Swiss Federal Council decided to maintain the transitional period until the end of December 2021.

Thanks to the Free Movement of Persons Agreement (FZA) with the European Union (EU) on Croatia, Croatian nationals benefit from a Visa-free entry into Switzerland and can stay in our country for up to three months. However, special transitional provisions apply to the taking up of any gainful employment in Switzerland and the provision of services. Thus, Croatian nationals will only be authorized to take up employment under the control, of a previous search, of wage and working conditions and within the framework of established annual quotas. These transitional provisions will be maintained until 31 December 2021.

Summary: Croatian nationals, despite being EU citizens, are treated as citizens from outside the EU/EFTA when they are first employed in Switzerland. The so-called domestic priority comes into play, i.e. it must be proven by the future employer in Switzerland that no one else has been found in EU 27/EFTA.

International HR Services Ltd. is available for further questions on this topic.

2019 Swiss quotas for employees from third countries and service providers from the EU/EFTA

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Quotas for third-country citizens: In the coming year, 8500 (+ 500 compared to the previous year) specialists from third countries can be hired to work in Switzerland: 4500 with residence permits B (+ 1000 compared with the previous year) and 4000 with short-term residents permits L (-500 compared to the previous year). The 1000 additional B permits go into the Federal Reserve and are granted through the cantons upon their request. This allows the Swiss Confederation to be flexible in accounting for additional needs of cantons.

Quotas for service providers from EU/EFTA: The maximum numbers for L and B grants remain unchanged. In the year 2019, 3000 units will be available for short stays (L) and 500 units for normal stays (B). The quarterly allocation is maintained.

Summary: The discretion to pronounce the permits remains within the cantons. Unfortunately, companies cannot apply for permits for third-country citizens directly to the Confederation, the canton must first endorse the application before a company is able to benefit from the additional quotas at the federal level.

International HR Services AG will be happy to answer any questions you may have about this topic.