14.03.2023
Immigration
Impact High
Summary
Since February 1st, 2023, Swiss immigration law* has been amended and simplified. Some work permit application types are no longer subject to the approval of the State Secretariat for Migration’s (Swiss Federal Immigration Authority, SEM) resulting to accelerated processing time. The list of the applications which are now subject to the SEM’s approval is exhaustive and shorter than previously. Apart from the listed cases subject to federal approval, the cantonal labour market authorities (LMAs) “may” – no longer “must” – submit prior decisions to the SEM for approval to assess whether the conditions laid down by federal law are met.
The Detail
In Switzerland and in particular for Non-EU nationals, work permit applications basically involve three immigration authorities which result in rather long processing time. In practice, processing times can take from 8 to 12 weeks after submission of the application with the competent authorities. Processing times vary from one canton to another and from one application to another. With this change of legislation, the Swiss Federal Council shortened the list of applications which need to be approved by the SEM.
With effect 1st February 2023, only below cases for gainful activity are automatically subject to SEM’s approval (note the law lists other scenarios (e.g. extensions, etc)) :
1. the exercise of a self-employed activity
2. the gainful activity of foreign nationals with a degree from a Swiss university if it is of predominant scientific or economic interest (for so-called Clause Neirynck)
3. the gainful activity of recognised personalities in the scientific, cultural or sporting fields
4. the gainful activity of persons with special professional knowledge or skills, if their admission meets a proven need.
5. the gainful activity of crew members of a Swiss company’s inland navigation vessel, if there is a proven need for their admission
6. Assignments / Secondments of service providers
7. the gainful activity of persons providing religious instruction or guidance or teaching the language and culture of their country of origin
8. stays with gainful employment in the context of aid and development projects carried out in the context of economic and technical cooperation
9. trainings for au-pairs placed by a recognised organisation.
Should an application for a Non-EU national not fall under one of the constellations mentioned above, then, in principle, no SEM’s approval is required. This has a high impact especially for employers wishing to hire non-EU nationals be it on a local Swiss employment contract or even for intercompany transfers of managers or essential specialists.
This change of law should likely result in smoother and faster processing times, saving up to two to three weeks according to the immigration authorities’ official statement, depending on the competent canton. Businesses can therefore plan their relocation plans for non-EU nationals accordingly and onboard Non-EU new hires more quickly.
* SR 142.201.1 Verordnung des EJPD über das ausländerrechtliche Zustimmungsverfahren, ZV-EJPD / RS 142.201.1 Ordonnance du DFJP concernant l’approbation, OA-DFJP/ RS 142.201.1 Ordinanza del DFGP concernente l’approvazione, OA-DFGP
How we can help
Please do reach out to your Vialto Partners contact should you have any questions on the above. Vialto Partners can help with:
– Assess whether your population of foreign employees are impacted by the change of law.
– Determine how your business can best anticipate and hire foreign employees after this change of law.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
• Ara Samuelian, Europe & Swiss Immigration Lead, ara.samuelian@vialto.com
• Florian Ihne, Assistant Manager, Swiss immigration Services, florian.ihne@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
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