Residence Permit with Gainful Employment for Nationals of Third Countries

 

Admission and Process:

According to the Federal Law on Foreign Nationals and Integration, a foreign national can be admitted for gainful employment if:

• Their admission serves the economic interests of the country and

• Their employer has submitted an application and

• The following conditions are met:

  • The limited number of quotas, i.e., the maximum number of permits allocated to each canton by the Confederation, is respected (an average of 4500 residence permits – B permit and 4000 short-term residence permits – L permit have been granted in recent years).

  • The priority given to local workers is respected: it must be proven that no worker in Switzerland (including third-country nationals with a residence permit for gainful employment) or any EU/EFTA national matching the required profile is available on the European domestic market (proofs of search must be provided: publication in the Eures system, employment offices/ORP, newspapers, etc.).

  • The job vacancy has been announced to the ORP according to the obligation to report any vacant position (professions with an unemployment rate equal to or higher than 5%).

  • The remuneration and working conditions – including social benefits – correspond to those customary in the locality and the profession.

  • Professional/personal qualifications are required: only executives, specialists, or other qualified workers are considered (copies of the CV, diplomas obtained, job descriptions, etc.).

  • Housing is appropriate.

  • If it’s a border worker, they must have been residing for at least 6 months in the neighboring country’s border region and working in the border area in Switzerland.

 

Additionally, the employee must have health insurance, and the employer must ensure this condition is met.

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The role of the SEM (State Secretariat for Migration) is as follows: it regulates the conditions of entry, stay, and work in Switzerland by controlling and allocating contingent permits. It decides who can receive protection from persecution. Together with the cantons, it organizes the accommodation of asylum seekers and the return of people who do not need protection.

Furthermore, it coordinates integration work and is responsible at the federal level for handling naturalization matters.

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Example of an Admission Process

• Actor: Action

• Employer: Prepares a complete file and submits the application to the cantonal labor market authority or the migration authority.

• Future Employee (outside Switzerland): Applies for an entry visa (if necessary) for employment in Switzerland at the Swiss diplomatic representation in their country.

• Cantonal Labor Market Control or Migration Authority: The cantonal office verifies that the conditions are met and that the file is compliant, then submits the application with its pre-approval to the SEM for approval. It may notify the employer in advance of a decision to inform them that labor market criteria are met.

• SEM: Reviews the application based on national criteria. It issues a federal decision to the employer, the employee, and the relevant cantonal authorities. The fees are borne by the employer. A favorable decision does not equate to authorization to enter Switzerland.

• Employee: Collects their visa from the Swiss diplomatic representation that received authorization from Switzerland and can then purchase their plane ticket.

• Employer: Receives the final authorization.

• Cantonal Population / Residency Office: Receives approvals from the SEM and the cantonal labor market / migration authority. It then issues the documents allowing the employee to take up their job and residence once their arrival in the domicile commune is announced.

• Employee: Must report to the competent authority in their place of residence in Switzerland within 14 days of arrival. This is usually the Foreigners' Office / Residents' Control. The latter has the employee complete and sign an arrival report. At a minimum, a passport-sized photo is required. Additionally, the foreigner must have their passport. The arrival report is forwarded to the cantonal population / residency service. They then receive an invitation for the procedure of recording biometric data and will receive their residence permit. The commencement of gainful employment is authorized once the permit is issued.

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L Permit – Short-Term Residence Permit:

Holders of a short-term residence permit are foreigners who temporarily stay in Switzerland for a specific purpose, usually for less than a year (≤ 365 days), whether engaging in gainful employment or not.

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Characteristics:

• This permit is subject to the federal quota.

• Family reunification is allowed but is not a right.

• Professional mobility is generally not allowed unless there are major reasons justifying it (e.g., employer abuse). Any job change must be authorized in advance and is subject to examination by the foreign labor service. Notification must be given before starting the new job. Self-employment is not permitted.

• Art. 55 OASA: Holders of a short-term residence permit can be authorized to change jobs within the same field and profession if they cannot continue their activity with their employer or if it cannot be reasonably expected of them, provided the job change is not due to the employee's behavior.

• Geographic mobility (residence) is permitted with received authorization; the short-term permit is usually only valid in the canton that issued it; if the holder wishes to move their residence to another canton, they must seek prior authorization from the latter (art. 37 para. 1 LEI).

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The permit's validity is determined by the duration of the employment contract. Exceptionally, it can be extended up to a total duration of 24 months if the employer remains the same.

A new short-term permit can only be issued after a one-year interruption of stay in Switzerland.

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B Permit – Long-Term Residence Permit:

Holders of a long-term residence permit are foreigners who will reside permanently in the country, whether engaging in gainful employment or not. The residence permit generally does not exceed one year for the first time.

The B permit is issued upon presentation of a fixed-term employment contract exceeding two years or an indefinite-term contract.

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Characteristics:

• It is subject to the federal quota (art. 20 LEI). Family reunification is permitted.

• Professional mobility is allowed: the person can engage in gainful employment throughout Switzerland. They can change jobs without further authorization (art. 38 para. 2 LEI).

• Geographic mobility is permitted with received authorization; the residence permit is usually only valid in the canton that issued it. If the holder wishes to move their residence, they are entitled to change cantons if they are not unemployed and no grounds for revocation exist (art. 62 LEI); however, they must seek the canton’s authorization where they wish to reside (art. 37 para. 2 LEI).

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The B permit is renewed annually provided there are no grounds (e.g., offenses, dependence on social aid, imprisonment) opposing it (art. 62 LEI). Additionally, to determine the validity period of the residence permit and its renewal, authorities also consider the person's degree of integration.

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G Permit – Border Permit

Generally, border permits are only granted to citizens of EU or EFTA member states.

Third-country nationals can benefit exceptionally if they hold a long-term residence card and reside in a neighboring country adjacent to Switzerland (art. 25 LEI). Unlike EU/EFTA border residents, these third-country nationals must respect border zones concerning their place of residence AND place of work, which must generally be within an average range of ten to twenty kilometers from the border.

The principles governing the employment of border residents (border resident quality, definition of the border zone, etc.) are primarily fixed in agreements concluded with the four neighboring states.

These permits are issued by the cantons, and quota conditions do not apply. Additionally, personal qualifications and appropriate housing are not conditions to be considered. However, some cantons may apply the priority to local workers criterion in cases of high unemployment (notably the canton of Geneva).

Validity:

• The initial permit is generally valid for one year and is only valid for the border zone of the canton that issued this authorization.

• Professional and geographic mobility are only permitted with received authorization; if the border resident intends to move their activity center or employment within the border zone of another canton, they must seek prior authorization from the latter. Only after five uninterrupted years of activity do they have the right to change cantons and jobs if no grounds for revocation exist under art. 62 para. 1 LEI.

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Art. 39 Gainful Employment of Border Residents:

• The holder of a border permit can engage in temporary gainful employment outside the border zone. Approval for temporary employment outside the border zone is the competence of the canton where the said activity is carried out.

• If they intend to move the center of their activity within the border zone of another canton, they must seek prior authorization from the latter. After five uninterrupted years of activity, they have the right to change cantons.

• The holder of a border permit who wants to change jobs can obtain authorization if the conditions of art. 21 (vacant positions and priority order) and art. 22 (remuneration conditions) are met. After five uninterrupted years of gainful employment, they have the right to change jobs.

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References

• Fribourg Legal Foundations - Procedures for Third-Country Nationals

• Fribourg Legal Foundations - Residing in Switzerland

• Fribourg Legal Foundations - Engaging in Gainful Employment

• Fribourg Legal Foundations - Types of Permits

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Family Reunification for Nationals of Third Countries

A third-country national authorized to come to Switzerland generally has the right to bring their family with them.

Family reunification concerns:

• The spouse or registered partner as per the Federal Law of June 18, 2004, on registered partnerships between same-sex persons (LPart)

• Their children and those of the spouse under 18 years old or whose maintenance is guaranteed

In certain cases (e.g., cases of extreme severity according to Articles 30 paragraph 1 LEI and 31 OASA):

• Children over 18 but under 21 years old

• Ascendants of the Swiss national

• Ascendants of the spouse whose maintenance is guaranteed

Proof of family relationship is required by providing the marriage certificate or children's birth certificates.

The cantonal population service is responsible. SEM (State Secretariat for Migration) approval is reserved in certain cases, such as family reunification requested outside the prescribed deadlines.

Family members will receive a family booklet not subject to quotas. The initial residence permit granted for family reunification is valid for one renewable year.

Family reunification must be requested within five years. For children over 12 years old, reunification must take place within 12 months.

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Third-Country National with a B Permit Whose Spouse is a Third-Country National:

The foreign spouse of a B permit holder and their foreign unmarried children under 18 years old are entitled to a residence permit and its renewal, provided they live together, have suitable housing, and do not depend on social assistance.

They can also engage in gainful employment, either salaried or independent, throughout Switzerland.

If the national is a student, they are also entitled to family reunification but limited to their children and spouse, provided they can support them.

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Third-Country National with an L Permit:

In this case, family reunification is allowed but not a right. The foreign spouse and children of a short-term residence permit holder may be authorized to engage in salaried employment if:

• The request comes from an employer (Article 18 let. b LEI)

• The conditions of remuneration and work are met (Article 22 LEI)

• Personal qualifications are considered (Article 23 LEI)

The authorization to engage in gainful employment granted to the spouse and foreign children of the permit holder is limited to the validity period of the short-term residence permit of the person benefiting from family reunification.

They can start working without undergoing an additional authorization procedure (there is no need for the potential employer to first conduct a search on the European market).

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Recommendations on Integration During Family Reunification:

The legislation regulating the stay of foreigners in Switzerland provides integration criteria through the Ordinance on the Integration of Foreigners (OIE) and in reference to Article 1 of the LEI.

The integration of foreigners aims to promote the coexistence of the Swiss and foreign populations based on constitutional values as well as mutual respect and tolerance. It should enable foreigners with legal and long-term residence to participate in economic, social, and cultural life.

Integration requires, on one hand, that foreigners are willing to integrate, and on the other hand, that the Swiss population is open to them. Therefore, it is essential for foreigners to become familiar with Swiss society and lifestyle, particularly by learning a national language.

Knowing or learning the language spoken where one lives is considered favorable for good integration (Articles 73a and 73b OASA). Article 4 LEI highlights the essential role that migration policy gives to mastering a national language. Although language skills are not an end in themselves, they are generally an indispensable condition for social and professional integration.

Therefore, it is requested that individuals joining their spouse speak or commit to learning a national language upon their arrival in Switzerland.

The required language level to be achieved is level A1 ("introductory level"), which entitles them to a French language certificate issued by the fide Secretariat attesting to the acquired language skills.

Note: EU or EFTA nationals are not subject to these requirements as they benefit from the Agreement on the Free Movement of Persons.

 

Reference:

Fribourg Legal Foundations - Family Reunification

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Student Permits for Third-Country Nationals

In reference to Articles 27 of the LEI (Federal Act on Foreign Nationals and Integration) and 23-24 of the OASA (Ordinance on Admission, Stay, and Employment), this permit allows for residence when the main purpose is to pursue studies, training, or further education on a temporary basis.

To obtain this type of residence permit, the following documents must be provided:

• Copy of the passport

• Application form for temporary authorization for studies

• Letter of intent indicating the reasons for choosing to study in Switzerland

• Personal study plan, including the total duration of studies in Switzerland, the degree(s) sought, and future plans upon completing studies in Switzerland

• Curriculum vitae and copies of diplomas or certificates of studies obtained

• Final enrollment certificate from the school confirming that the student has the required level of education and language proficiency for the intended studies (for universities or ETHs, an enrollment confirmation if the application is submitted from abroad)

• Generally, a certificate from the school indicating payment of tuition for at least the first semester or confirmation from the school that the student is capable of paying the tuition

• Except for students in boarding schools and scholarship or loan recipients, proof of financial means for the duration of the studies or support from a solvent guarantor

• Except for students in boarding schools, proof of the planned accommodation (copy of the rental lease, confirmation from the host, or confirmation from the school about providing a room with the monthly rental price mentioned)

• Except for students admitted to a Swiss higher education institution (universities, ETHs, etc.), a formal written commitment to leave Switzerland at the end of the planned studies

If the student is a minor, care must be ensured (for example, within the framework of a boarding school).

Only one course of study or training of a maximum duration of eight years is permitted. Exceptions are possible only in duly justified cases.

As a rule, if it is a private institution, the targeted school must be recognized in the canton.

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Part-Time Activity:

The right to engage in ancillary activities is reserved for students of universities, specialized higher education institutions, or teacher training colleges (Article 30 paragraph 2 LEI).

Engaging in ancillary activities alongside studies can be authorized no earlier than six months after the start of the training and only if this activity does not delay the planned training.

Ancillary activity is limited to 15 hours per week or full-time during school holidays. It must be reported in advance to the Population Service and authorized by the Employment Service of the competent canton.

In the case of taking up an ancillary activity, it is imperative that the national fills out the form for taking up gainful employment. They must also provide a copy of the employment contract concluded with the employer and a document from the school confirming that the planned ancillary activity will not delay the ongoing training.

Note that priority for local workers does not apply to this category of individuals.

Special Case: Job Search for Graduates of a Swiss Higher Education Institution

The main purpose of the stay is to allow the foreign graduate of a Swiss higher education institution to extend their stay for six months to find a job. Article 21 paragraph 3 of the LEI allows these individuals to obtain, upon completing their higher education in Switzerland, a short-term residence permit for a maximum of six months for the purpose of finding a job that has significant scientific or economic interest.

During the six-month stay, the graduate must have the necessary financial means and accommodation. Except for ancillary gainful employment, they are not permitted to take up employment that does not have significant interest.

The Population Service regulates the short-term stay of six months in Switzerland upon completion of higher education, and the Employment Service is competent to decide on taking up employment.

Note that priority for local workers does not apply to this category of individuals.

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Trainees from Third Countries:

A traineeship is a fixed period carried out in a professional environment by students as part of their school or higher education curriculum (University HES) as an extension of courses or during theoretical education.

In principle, the traineeship is compensated.

Switzerland has exchange agreements for young professionals (trainees) with several countries. According to these agreements, young professionals can apply for a work permit in Switzerland to improve their professional and language skills. Permits are issued for a maximum of 18 months to nationals of the following countries: South Africa, Argentina, Australia, Canada, Chile, United States, Indonesia, Japan, Monaco, New Zealand, Philippines, Russia, Tunisia, and Ukraine.

They must have completed training or obtained a diploma. The age limit is generally 35 years, with exceptions for Australia, New Zealand, and Russia (30 years).

Admission for gainful employment is governed by Articles 30 LEI and 42 OASA.

Professional traineeships serve for improvement. They can only be carried out in the learned profession or studied discipline. Self-employment and part-time work are not permitted. Young professionals must be remunerated according to local and industry standards.

As with usual extra-European workers, regardless of the intended duration of the traineeship and even if it is unpaid, the employer is responsible for obtaining a work permit in advance by submitting a complete foreign labor application to the competent office, which will include the following documents:

• A completed and signed copy of the "Foreign Labor Application" form

• A traineeship contract (or traineeship agreement signed by the three parties: foreign school, student-trainee, Swiss company)

• A detailed traineeship program (important: the traineeship must be part of recognized training leading to an official diploma)

• The trainee's curriculum vitae, diplomas, and certificates, copy of the passport

• An explanatory letter from the Swiss company justifying the use of a non-European trainee

According to the consistent practice of the State Secretariat for Migration (SEM) regarding the initial entry of non-European trainees into the Swiss labor market, a minimum gross monthly salary of CHF 2,500 must be paid to the trainee.

Changing employers is not permitted. The permit issued for the traineeship cannot, in principle, be renewed.

 

Reference:

Fribourg Legal Foundations - Studying as a Foreign National

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Third-Country Nationals C Permit:

Third-country nationals holding a residence permit (B permit) must apply for and can, in principle, obtain a settlement permit after residing in Switzerland for at least ten years with a short-term or residence permit, of which the last five years must be uninterrupted. There must be no grounds for revocation under Article 62 LEI.

The following integration criteria must be met:

• Respect for public security and order

• Respect for the values of the Constitution

• A language certificate is required (at least A2 level)

• Participation in economic life or acquisition of training

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Early Granting

The C permit can be granted early upon request and subject to the approval of the State Secretariat for Migration (SEM) after an uninterrupted stay of five years with a B residence permit in case of successful integration or if the applicant held a C permit for at least 10 years and has not stayed abroad for more than six years. In the latter case, according to federal jurisprudence, the applicant must have held a valid B residence permit for at least two years since their return to Switzerland.

The following integration criteria must be met:

• Respect for public security and order

• Respect for the values of the Constitution

• A language certificate is required (at least A2 level)

• French language level B1 orally and A1 in writing

• Participation in economic life or acquisition of training

 

Examples:

• Spouse of a Swiss national after five years of marriage in Switzerland

• Spouse of a foreign national who held a C permit when the spouse entered Switzerland

• Minor child (<18 years) whose maintenance is guaranteed with five years of living together

• Nationals of Canada, the United States of America, the Principality of Andorra, the Principality of Monaco, the Republic of San Marino, or the Vatican City

 

Immediate Granting:

Provided there are no grounds for revocation or downgrading, the C permit is automatically granted and without prior conditions to:

• Children under 12 years of a Swiss national or a C permit holder admitted under family reunification

• Regular, extraordinary, associate, and assistant professors (Unige, EPF)

• Regular professors (HES and HEP)

• Lecturers (HES) appointed by the competent bodies

 

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Leaving Switzerland:

The authorization ends:

• When the foreigner declares their departure from Switzerland

• When they obtain authorization in another canton

• At the expiration of the authorization

• Following an expulsion under Article 68 LEI

If a foreigner leaves Switzerland without declaring their departure, the short-term authorization ends automatically after three months, the residence, or settlement authorization after six months.

Upon request, the settlement authorization can be maintained for four years.

 

Reference:

Fribourg Legal Foundations - Permit C

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