Your Team for Swiss Law – now also in Geneva
Agreement on Work Permits Requirements in Case of No-Deal Brexit
Swiss and British negotiators have been uniting their efforts to cushion the effects of a likely no-deal Brexit.
On 10 July 2019, Secretary of State for Exiting...
Under the current regulations on family reunification, Swiss citizens are subject to stricter rules than EU/EFTA-citizens based in Switzerland. The Federal Supreme Court of Switzerland has already affirmed the legality of this...
In its session of 7 June 2019, the Federal Council passed its dispatch on the popular initiative "For moderate immigration" (the so-called Limitation Initiative). It spoke out against the Limitation Initiative and thus in favour of the free movement of persons.
According to the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the European Union (EU), citizens of EU/EFTA member states have the right to enter and stay in Switzerland without having to take up gainful activity. The following article serves to outline the requirements for residency without gainful activity in Switzerland and to point out inter-cantonal distinctions in requirements of financial means.
Cross-border assignment of employees to affiliate companies is a useful and common tool for international groups. However, to avoid unpleasant surprises, it is essential to structure such transfers correctly and to seek legal clarification at an early stage, not only from a Swiss immigration perspective, but also considering social security and taxes.
As of January 1, 2019, Switzerland will introduce new language requirements for non-EU/EFTA citizens wishing to obtain a residence permit within the framework of family reunification. Family members of residence permit holders or of Swiss nationals need to either prove a cer-tain existing level of proficiency in the language spoken at their new Swiss domicile or enroll in a language course in order to prove their willingness to learn the respective language.
The so-called "120-day permits" (permits limited to 120 days within 12 months) are popular among foreign workers and their employers. They are not bound by the usual quota limitation applicable to work permits for foreign workers from third countries. However, it is a common misconception that the 120-day permit can be used for any kind of set up where a foreign worker is meant to work in Switzerland during a maximum of 120 days over the course of 12 months. An important differentiation in the law between EU/EFTA and third-country nationals (to the disadvantage of EU/EFTA nationals!) needs to be considered in this context.
As from July 1, 2018, companies in a sector with high unemployment rates will have to notify and register job vacancies. This enables registered job seekers to apply for a suitable position before companies may publish it on the market.
If alternative forms of employment are offered in a cross-border context, this can lead to unforeseen legal consequences.
The SVP and the association "Action for an Independent and Neutral Switzerland" (AINS) are far from being comfortable with the freedom of movement of persons agreement with the EU. By means of three proposals, they are attacking this freedom of movement: The freedom of movement of persons should no longer be allowed; the freedom of movement of persons should be denounced; or the principle of freedom of movement of persons should be absolutely prohibited.