13 November 2023
Immigration
Switzerland Vaud Canton – Stricter review of priority criteria in case of Swiss candidates in search efforts
Impact High
Switzerland’s Dual System: A Quick Overview
Switzerland operates a dual system for granting foreign nationals access to its labor market. EU and EFTA citizens benefit from facilitated access under the Free Movement of Persons Agreement (between Switzerland and the EU), while individuals from other countries, known as ‘third states,’ can work in Switzerland provided they meet specific admission requirements outlined in the Foreign Nationals and Integration Act (FNIA). These requirements include for example personal qualifications (e.g. highly skilled workers profile), considerations of Switzerland’s economic interests a quota system as well as to the so called priority of local workers.
Adjustments in the Application of Swiss Immigration Law by Canton of Vaud
Recent updates in the application of Swiss immigration law by the Canton of Vaud is altering the rules governing the hiring of third-state nationals whereas search efforts are under stricter review. Employers are now required to put in extra efforts and provide detailed explanations to the authorities especially if Swiss citizens apply for a job and are not selected. This entails not only explaining why the hired third-state national is more suitable than other candidates but also justifying more precisely, and on top, why a Swiss citizen specifically could not be hired for the position.
What this means
In conclusion, the recent adjustments in the practice from Vaud Canton have a direct impact on employers, particularly when hiring third-state nationals. With the increased focus on justifying the selection of third-state nationals over Swiss candidates, it is paramount to maintain meticulous records of their hiring processes. To ensure compliance and avoid potential issues, it is recommended to review hiring procedures, especially in cases where Swiss citizens apply for positions offered to third-state nationals. It is advisable to document the reasons for selecting a third-state national and also in detail why a Swiss candidate was not chosen.
If this information is currently only coming from Vaud Canton, we cannot exclude that other cantons follow this line of conduct and that stricter review soon concerns all Switzerland.
How we can help
Our dedicated Swiss immigration team is committed to ensuring your business stays compliant with evolving regulations and strive for successful hiring processes.
We offer a proactive approach, including assessments and enhanced guidance, including but not limited to:
Have questions? We’re here at every step to prioritize your compliance and provide the support you need for a smooth Swiss immigration journey.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Ara Samuelian
Partner, Europe & Swiss Immigration Lead
ara.samuelian@vialto.com
Laurence Murat
Immigration Manager
laurence.murat@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
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