Work Permits for Foreign Nationals in Switzerland

Dual System

EU/EFTA: Free Movement (AFMP)

Right to work with an employment contract. Under 90 days/year: simple notification. Beyond: L (under 1 year) or B (over 1 year) permit issued as of right. Spouse and children also have the right to work.

Third-Country Nationals: Restrictive

Strict conditions under FNIA and OASA.

Conditions for Third Countries

Priority of Local Workers (art. 21 FNIA)

A foreign national may only be admitted if no Swiss or EU/EFTA worker is available. Employer must demonstrate sufficient local recruitment efforts.

Qualifications (art. 23 FNIA)

Only managers, specialists or qualified workers may be admitted. Unqualified third-country workers generally cannot obtain work permits.

Quotas (art. 20 FNIA)

Annual quotas set by the Federal Council, distributed among cantons. Limited permits create competition among employers.

Salary and Working Conditions (art. 22 FNIA)

Must conform to local and professional standards. No below-market salary.

Authorisation Procedure

1. Employer applies to cantonal employment service
2. Cantonal verification (priority, qualifications, salary)
3. SEM approval for third-country nationals
4. Permit issued by cantonal migration authority

Self-Employment (art. 19 FNIA)

Subject to authorisation. Must demonstrate the activity serves Switzerland's economic interests. EU/EFTA nationals have the right to self-employment under the AFMP.

Changing Employer

B permit holders from third countries generally need authorisation (art. 38 FNIA). C permit holders and EU/EFTA B holders: free to change.