Absolutely, can non-Swiss citizens holding EU residency permits be qualified for employment within Switzerland's borders?
Third-Country Nationals and Switzerland: What You Need to Know
Though having residency rights in countries within the European Union (EU) or the European Free Trade Association (EFTA, comprising Norway, Iceland, and Liechtenstein) doesn't automatically grant unrestricted access to Switzerland for employment, the two are, in principle, on an equal footing regarding employment. However, third-country nationals must satisfy specific requirements to work in Switzerland.
The key distinction is between citizenship and residency. Swiss inclusion is based on citizenship, not residency. Consequently, third-country nationals cannot relocate to Switzerland merely on the basis of their legal residency status within the EU or EFTA. Instead, they must abide by the same procedures as those based in their home countries.
This implies that they must seek a Swiss employer willing to hire them, and the employer must then apply for a work permit based on strict criteria, such as skill qualifications that no Swiss or EU/EFTA national can fulfill for that specific position. Unfortunately, the simple fact of residing in the EU or EFTA will not enhance their chances.
For third-country nationals holding dual citizenship from both a third country and an EU or EFTA state, there are some exceptions to the general rule. Additionally, individuals holding a residence card in an Schengen state and assigned by a company in that Schengen country for work in Switzerland can work there for up to 90 days per year without additional Swiss work visa requirements.
Furthermore, individuals can obtain a cross-border permit if they have a permanent residence permit in an adjacent country, living there for at least six months, fulfilling the labor market conditions, and having an employer in Switzerland ready to hire them.
It's vital to consider the criteria for living and working in Switzerland for third-country nationals. Visa requirements vary based on Schengen permit status, with individuals holding valid Schengen residence permits generally exempt from obtaining a Swiss visa. They can enter Switzerland with this permit and apply for a Swiss residence permit at their new permanent address within Switzerland.
In contrast, those without a Schengen permit typically require a Swiss National Visa (Type D) for stays exceeding 90 days, for work, education, or other reasons. Early application for a Swiss assurance of residence permit is advised and often involves providing proof of financial resources and a valid Schengen permit, where applicable.
In summary, third-country nationals residing in the EU/EFTA countries with a valid Schengen residence permit can enter Switzerland visa-free and must apply for a Swiss residence permit within 90 days. Those without a Schengen permit generally need to obtain a Swiss National visa (Type D) for longer stays, and work permits are frequently quota-restricted for third-country nationals.
- Despite residing in the EU or EFTA, third-country nationals must adhere to strict requirements when seeking employment in Switzerland, including obtaining a work permit based on specific skill qualifications that Swiss or EU/EFTA nationals cannot fulfill.
- Individuals holding a residence card in an Schengen state and assigned by a company in that Schengen country for work in Switzerland can work there for up to 90 days per year without additional Swiss work visa requirements, but those without a Schengen permit may need to secure a Swiss National Visa (Type D) for stays exceeding 90 days for work purposes.
