Work permit for artists

24 February 2023

Have you ever wondered whether your favorite stars, such as famous bands, international ballet dancers and circus artists, also need a work and residence permit when they perform on Swiss stages?

Basically, a distinction must be made between artists who come from an EU or EFTA country and those from third countries. In past blog posts, we have listed the basic requirements for the issuance of a work and residence permit for EU and EFTA nationals and for third-country nationals.

Artistic professions

Certain categories of artists can benefit from facilitated work and residence permits. According to a directive of the State Secretariat for Migration (SEM) (Residence with gainful employment, chapter 4), these include the following groups of artists:

• Painters and sculptors;
• Writers and actors;
• Dancers in theater, television or film productions;
• Theater and film directors, makeup and set designers, and prompters;
• Music and vocal performers, especially opera singers, orchestra members, composers, conductors, choral directors; and
• Disc jockeys, circus and variety artists.

Types of permits and requirements for third-country nationals 

In principle, only specialists and executives are admitted from third countries and the issuance of work and residence permits is quota-dependent. However, third-country nationals may be granted residence permits irrespective of quotas if they belong to one of the above-mentioned categories of artists and stay in Switzerland for a maximum of eight months within a twelve-month period (article 19 Para. 4(b) Ordinance on Admission, Residence and Gainful Employment (VZAE)). This is a special permit category, in contrast to the normal short-term residence permit L. However, the other requirements of the Foreign Nationals and Integration Act (FNIA) still must be fulfilled in these cases, including that the granting of the permit must be in the overall economic interest, that the priority of nationals is maintained and that the personal requirements are fulfilled. It should be noted, however, that the FNIA also provides for an exception for artists with regard to the personal requirements: The law states in article 23 para. 3(b) FNIA that "in deviation from paragraphs 1 and 2, the following may be admitted: b. recognized persons from science, culture and sport." The dispatch on the FNIA states: "This provision may also cover workers who are not highly qualified, but who have special knowledge and skills and are therefore indispensable for a particular assignment. This applies, for example, to activities in a circus, the cleaning and maintenance of special facilities or tunnel construction. The activities in question must be those that are not covered, or only inadequately covered, by workers in Switzerland and in the EU and EFTA countries. Foreign nationals in accordance with paragraph 3(b) may be admitted in order to promote scientific and cultural exchange as well as sport. In these areas, recognized achievements are very often subject to other assessment criteria than the personal requirements mentioned in paragraphs 1 and 2."

If the artists wish to stay in Switzerland for longer than eight months, the permits are again subject to quotas. The SEM directive provides detailed information on the requirements to be met in this sector. 

Either way, it is important to note that the remuneration must correspond to the local, professional and industry-standard levels. 

Further information

Below we have collected some useful links for you:

• The canton of Zurich has an information brochure on this topic. Please note that there are cantonal differences.
• Here you can find a leaflet from the Professional Association for the Performing Arts Switzerland.
• On the website of the State Secretariat for Migration (SEM) you can find various relevant directives, in addition to the ones already mentioned above, you can also find, among other things, the instructions for processing applications for musicians and artists according to article 19 para. 4(b) VZAE who work in clubs/bars/restaurants.

By the way, Switzerland even has a right to artistic freedom in its constitution (article 21 Swiss Federal Constitution). 

Do you have any questions? Please contact our immigration team, we will be happy to assist you.

Authors: Urs Haegi, Anna Salm, Gian Geel