Swiss residence permit for EU/EFTA citizens

When processing applications from abroad, Switzerland first differentiates between citizens from an EU/EFTA state and all other states. The rules for citizens from an EU/EFTA state are described in detail below. The rules for other nationals are described in a separate article.

The different types of permits

In principle, a distinction is made between five types of permits for EU/EFTA nationals. The short stay permit, the residence permit, the settlement permit, the cross-border commuter permit and the permit for residence with gainful employment. It is important to note that the respective residence permits of EU/EFTA nationals automatically includes the authorization to perform a gainful activity. The residence permit includes the work permit, so to speak. However, it is also possible to waive gainful employment altogether - in this case stricter requirements apply for obtaining a residence permit (see section II).

This in contrast to third-country nationals (non-EU/EFTA nationals) for whom the granting of a residence permit does not immediately include a work permit by law. Often very restrictive. Requirements for third-country nationals and especially refugees to obtain a work permit. In the following, however, the various residence permits for EU/EFTA nationals:

Short-term residence permit (permit L)

The short-term residence permit (Permit L) is to be issued if a person is only staying in Switzerland for a limi-ted period of time. A short-term stay within the meaning of this definition is granted if the person entering Switzerland stays for less than one year. This can take place with or without gainful employment if the person entering the country is an EU/EFTA national. In the case of the second state, there is an entitlement to this permit if the gainful employment is between three months and one year. If the period of employment is less than three months, the individual does not need a permit considering the free movement of persons (Bilateral Agreement on the Free Movement of Persons [AFMP]).

Residence permit (Permit B)

Persons who are staying in Switzerland for a specific purpose and for a longer period of time are entitled to a residence permit (Permit B). The permit is valid for five years. A residence permit is issued depending on whether a person is gainfully employed in Switzerland or not. In the case of gainful employment, the permit is issued if the person entering the country is able to prove that he has an indefinite contract or a fixed-term contract with a minimum duration of one year. If the person entering the country does not wish to pursue gainful employment, he or she is only entitled to a residence permit (Permit B) if the person concerned can prove that he or she has sufficient financial resources and adequate health and accident insurance. At the end of the five-year authorisation period, the authorisation is renewed for a further five years if the necessary conditions continue to exist.

Settlement permit (C permit)

The permanent residence permit (Permit C) as an unlimited permit is granted to foreigners only after they have resided in Switzerland for five or ten years without interruption (with a Permit B). After five years, the permit is granted to those applicants After five years, the permit is granted to applicants who come from the "original" 15 EU member states. EU citizens from newer states, on the other hand, only receive the settlement permit after ten years. The settlement (Permit C) is automatic and unconditionally. Reference can be made to the explanations given above regarding the granting of a residence permit (Permit B). For the settlement permit, as well as for the short stay and residence permit ensures the mobility of permit holders in Switzerland.

Residence permit with gainful employment (Ci permit)

Family members (viz. spouses and children up to the age of 25) of civil servants, members of foreign missions and members of intergovernmental organisations, are entitled to entitlement to a residence permit with gainful employment (permit Ci). However, the duration of the authorisation depends on the duration of the main authorisation (e.g. the permit of the civil servant or member of a foreign representation). Diplomats and other members of foreign representations have a special residence status according to international law according to the Vienna Convention on Diplomatic Relations.

Cross-border commuter permit (Permit G)

Cross-border commuters as holders of this special cross-border commuter permit (Permit G) can be persons who are resident in an EU/EFTA state but who have a exercise gainful employment. It is necessary to return to the foreign residence at least once a week. This permit is issued by analogy with the residence permit B if a person is able to prove an employment contract of indefinite duration or an employment contract of more than one year. In this case, the period of validity of the cross-border commuter permit is five years. If the employment contract is limited to a period of less than one year, the cross-border commuter permit lasts as long as the employment contract, whereby employment for a period of less than three months only requires a registration procedure.

Obtaining a residence permit

Rules for persons without gainful employment

Pensioners, students or private individuals who transfer their residence to Switzerland without working here (see paragraph II for the rules for persons with gainful employment), must register in their community of residence within 14 days of arrival in Switzerland. (Please note that according to the Agreement on the Free Movement of Persons [AFMP], there are no authorising and obligation to register if less than three months of residence are planned). Upon the registration you can, upon presentation of a valid passport or identity card, obtain a residence permit without gainful employment (Permit B). However, it is necessary to prove the existence of sufficient financial resources as well as the existence of a sickness and accident insurance to avoid possible dependence on social welfare. Sufficient financial resources are deemed to be available if a Swiss citizen in the same situation does not receive social assistance (or supplementary benefits in the case of pensioners). For further information, those affected should contact the cantonal migration authorities and observe SKOS [Swiss Conference on Social Assistance] guidelines. Furthermore, it is essential to note that for a stay of three months or more in Switzerland, mandatory health insurance must be taken out with a Swiss health insurance company.

Rules for persons with gainful employment

If applicable, the following procedure must be followed if the person entering Switzerland wishes to work in Switzerland: Residence permits are then issued to employed persons, if the persons concerned apply for a residence permit within 14 days of arrival in Switzerland and in particular before taking up employment with the communes of residence. Thereby in particular, a valid identification document and a declaration of employment from the future employer or the employment contract with exact details of the workload must be submitted and the duration of the contract. The procedure for self-employment is naturally somewhat different. In this case the certification documents of the inclusion of the self-employment (HR entry and founding capital). Therefore, it seems obvious that the conclusion that the data subject will not be able to exercise his right to data protection until after the granting of a permit to take up gainful employment. In this context, the authority can also check at any time whether the self-employment activity secures the existence of the enterprise. Is such a and there are no other means of earning a living, the person concerned can apply for a residence permit lose.

As a side note in this context, it may be added that the currently polarising question concerning the design of the framework agreement on accompanying measures between Switzerland and the EU concerns a dif-ferent topic: The main issue here is the eight-day notification period for foreign companies that send workers to Switzerland or employ foreign workers in Switzerland before they engage in gainful employment in Switzerland. These accompanying measures are intended to avoid the increased risk of wage Dumping caused by the free movement of persons. However, this question concerns foreign companies as employers and not individual employees and their residence status in Switzerland.

Conclusion

The diagram shows that the bilateral agreement on the free movement of persons between the European Union and Switzerland has made it possible to achieve a great deal in terms of mobility and the attainment of a residence permit has been simplified. Nevertheless, there are a considerable number of different types of permits, which do not make the approval process easy. The free movement of persons does not mean that the Swiss authorities no longer control and manage the entry and residence of EU/EFTA citizens. The administrative rules are and remain to be observed.