Work in Switzerland as a foreigner : Swiss work permit explained
To work in Switzerland, all foreigners must have a valid work permit issued by the local authorities. A employement contract is not sufficient to start working if you are not a Swiss citizen.
Summary table of work permits in Switzerland
You will find here-below a summary table of the various work permits in Switzerland. More details are given in the article.
| Type of Permit | Description | Conditions | Procedures |
|---|---|---|---|
| L Permit EU/EFTA | Short-term residence authorization | Employment contract ≤ 364 days | M Form, steps by employer or employee |
| B Permit EU/EFTA | Residence permit | Employment contract ≥ 1 year or indefinite duration (CDI) | M Form, steps by employer or employee |
| G Permit (Cross-border) | For cross-border workers | Resides in EU/EFTA, employed in Switzerland, weekly return | E-procedures or online form, steps by employer |
| Permit for Third Countries | Executives, skilled workers | Swiss economic interests, unsuccessful local/EU/EFTA search, quotas not met | Steps by employer, about 6 to 8 weeks before entry |
| Reporting Procedure | For periods | Activity ≤ 3 months or 90 days per year | Notification to the State Secretariat for Migration |
Obtaining a work permit in Switzerland
Before we dive into the explanations regarding the procedures, it’s important to distinguish two main cases :
- You wish to work and settle in Switzerland
- You wish to work in Switzerland while living in a border area (France, Germany or Italy for instance)
Working and settling in Switzerland
If you wish to work and live in Switzerland, you will need to apply for a specific type of work permit. This will also depend on your citizenship. The Swiss authorities distinguish two main possibilities, which we will detail.
Work permit for nationals of European Union (EU citizens) and EFTA countries
As a citizen of the EU/EFTA member states and under the agreement on the free movement of persons between Switzerland and the EU, you have the right to enter Switzerland, stay, and work there. Some transitional restrictions apply to Croatian nationals.
As a national of the European Union or EFTA, you benefit from geographical and professional freedom. In other words, permits and residence authorizations are not tied to a canton, an employer, or a specific activity. This means that once obtained, your residence permit is valid for the entire Swiss territory.
The type of permit and the duration of validity will depend on the length of the contractual engagement. The only requirement is to engage in gainful activity:
- L Permit EU/EFTA – Short-term residence authorization: this work authorization in Switzerland is issued to individuals whose employment contract is less than or equal to 364 days (less than one year). The validity of the authorization is equivalent to that of the employment contract (if your contract lasts 180 days, the work authorization validity will be 180 days).
- B Permit EU/EFTA – Residence permit: this authorization is issued to individuals whose employment contract is equal to or longer than 1 year or whose contract is of indeterminate duration (permanent contract). This permit, also called a B permit, is valid for 5 years.
What are the procedures for an L or B permit as a EU citizen ?
To apply for a work permit, you will need to contact the cantonal authorities. Specifically, you will need to return the completed M Form from the Cantonal Population and Migration Office (OCPM). An example of this form can be found on the website of the Geneva administration. These procedures are generally carried out by the employer but can also be done by the employee before their arrival in Switzerland.
Permits for nationals from third countries
Let’s be clear : nationals from a non-EU/EFTA country (such as the United States, Canada, United Kingdom post-Brexit) do not benefit from facilitated access to the Swiss job market. Generally, only executives and skilled workers may be eligible for a work permit, subject to availability.
The entry conditions are restrictive, particularly because of the national preference for recruitment. The number of permits issued is subject to the principle of quotas defined annually.
The following conditions must be met for the granting of a work permit for nationals from third countries:
- The acceptance of the foreigner serves the economic interests of Switzerland
- The employer must provide proof that it has conducted extensive searches for candidates in Switzerland and in EU/EFTA countries
- The searches must have been unsuccessful
- The job is a skilled position (executives or specialists in a field)
- The quotas for B and L permits have not been reached
- The proposed employment is full-time
What are the procedures for an L or B permit for other nationals ?
Given the complexity and the requirements for these types of permits, the procedures are always carried out by the employer. The employer must demonstrate the various points mentioned above. The work authorization application must be made by the employer about 6 to 8 weeks before entering Switzerland. The Population Office will then respond to the request within 2 to 3 weeks.
Working in Switzerland as a cross-border commuter
Obtaining a cross-border work permit
All individuals wishing to work in Switzerland with cross-border commuter status must obtain a cross-border permit (G permit) to engage in gainful activity in Switzerland. These individuals will be taxed at source and can benefit from quasi-resident status if they meet the criteria.
Similarly to resident permits, the application for a cross-border work authorization will depend on your citizenship.
Cross-border permit for citizens of the European Union (UE citizens) and EFTA countries
If you are a citizen of a European Union or EFTA member state, you can engage in gainful activity in Switzerland as cross-border workers.
To obtain the G permit, which allows you, for example, to work in Switzerland while living in France, you will need to:
- Be domiciled in an EU or EFTA member country. This is the case if you are a cross-border commuter from France, Italy, or Germany.
- Be employed by a company based in Switzerland. If you wish to be self-employed, your sole proprietorship must have its headquarters in Switzerland.
- Return to your home abroad at least once a week.
What steps for a cross-border permit (G permit) ?
The procedures to obtain the G permit are relatively simple. They are generally carried out by the employer through their e-procedures account in the Canton of Geneva.
For all requests, you must fill out the online form available on the website of the Administration of the Canton in which you work. The documents to be attached to your application are as follows:
- A color copy of your identity document ;
- An ID photo with your name and surname on the back ;
- A photocopy of your employment contract.
If you wish to engage in self-employment, you will need to add proof of this activity: a file explaining your project such as a business plan and a proof of a professional address in Switzerland
Cross-border permit for citizens of the European Union and EFTA countries
In the same way as for the settlement permit, obtaining a cross-border work authorization for a citizen of a non-EU/EFTA state is much more complicated.
The permit can only be granted if you have a durable residence permit in the border area of one of the neighboring countries of Switzerland and have lived there for at least 6 months.
As with residence permits, you will be subject to the same restrictions related to the labor market. The company employing you must demonstrate that your hiring serves the economic interests of Switzerland. It must prove that no similar profile could be recruited in Switzerland or in the EU/EFTA countries (article 18 and following of the LEI).
Other types of permits
L Permit and short-term authorization
The L permit is issued to workers from the European Union and EFTA who wish to settle in Switzerland for a short period. In this case, a work contract of a duration from three months to one year must be presented.
All EU/EFTA nationals looking for employment can apply for an L EU/EFTA authorization. This authorization does not grant any rights to social insurance benefits.
Reporting procedure for periods of less than 90 days
Employment relationships lasting less than three months over the calendar year are not subject to authorization but to a reporting procedure with the State Secretariat for Migration.
Individuals who engage in gainful activity for a Swiss employer for a maximum duration of three months or 90 actual days per calendar year are subject to this reporting obligation.
In conclusion
Obtaining your work permit in Switzerland must be done by following the rules established by the Cantonal Population Office. For each situation, there is a specific authorization. Once you get your work permit, you will be able to work in Switzerland and get a Swiss salary.
Our trust office assists you in the procedures related to your work authorization. Contact us to learn more.
