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The situation for EU/EFTA nationals


 

Under the Agreement on the Free Movement of Persons (AFMP, ALCP in French), EU (UE) and EFTA (AELE) nationals are granted the fundamental right to freely choose their place of work and residence within the territory of the contracting states.

This means that EU/EFTA nationals have easier access to the Swiss labour market.

List of countries

Special conditions for Croatian nationals

Complete freedom of movement for Croatian nationals is in place since 1st January 2022. Croatian workers are treated as nationals of an EU/EFTA country. There are no restrictions on access to the Swiss labour market.

A safeguard clause was activated by the Federal Council on 16th November 2022 with the aim of reintroducing quotas (a limited number of L and B work permits) for Croatian nationals. This will end, in principle, on 31st December 2024.

Specific provisions for British nationals after Brexit

Easier access to the labour market until 31st December 2020. If you obtained a status in Switzerland after this date, your rights under the AFMP are preserved.

If you obtained your status after that date, your access to the labour market has similar restrictions as those for non-EU nationals. Nevertheless, there is a different quota from those applied to work permits for other non-EU/EFTA nationals.

A stay for study or training

By law, you are considered to be a student, because you will obtain a degree at the end of your training.

Why are you considered a student? The reason for your stay is to improve or specialise in a field that you have already studied at a university or university of applied sciences.

By definition, a stay for training purposes is temporary. However, EU/EFTA nationals have free access to the Swiss labour market.

Your case is more complex, because you are carrying out research work and your activity will not be rewarded with a diploma of any kind.

Nevertheless, according to the law, you are considered to be a student.

If you are a national of an EU/EFTA country, you may settle in Switzerland for a maximum of three months in order to look for employment.

Prior authorisation is not required for this stay.

You do not need to register with your local authority.

As an EU/EFTA national, you benefit from free access to the Swiss employment market: 

  • No preliminary checks.
  • The permit is not subject to quotas.
  • There is no need to show that your training corresponds with your job. 

The duration of your employment contract will determine the type of permit.

The percentage of employment will determine whether you are considered to be a worker. The activity you carry out in Switzerland must not be considered as marginal (e.g. two hours' work per week).

Types of permit

Several types of residence permit  exist in Switzerland. The information provided here concerns permits granted mainly to researchers at the start of their careers.

  • The L permit is issued to EU/EFTA nationals who wish to settle in Switzerland for a maximum of 364 days.
  • The L permit can be linked to an employment contract, to studies, to family reunification, etc.
  • L permits are issued for an employment contract lasting more than three months and less than twelve months.
  • Complete professional and geographical mobility is possible.
  • Permits are not subject to quotas.

Extension and renewal of an L permit

The application for extension must be accompanied by an employment contract (for less than one year). The total period of validity of the two employment contracts (old and new) may not exceed 364 days.

Extensions are possible up to a total of twelve months (max. 364 days).

No authorisation is required to change canton, job or profession. The only exception is self-employment.

Renewal: the L permit can only be extended for a total stay of twelve months (max. 364 days). The L permit can be renewed without restrictions. It is not necessary to leave Switzerland between two permits.

L permit and unemployment benefits

The right of residence (L permit) ends six months after involuntary termination of employment (redundancy) if you are not receiving unemployment benefits.

If you are receiving unemployment benefits, the right of residence (L permit) ends six months after the end of your unemployment benefit payments.

There is no entitlement to social assistance between the end of the employment contract and the expiry of the permit.

For more on your entitlements to unemployment benefits, please refer to the information provided by ACIDUL.

L permit: cancellation

The L permit expires in the event of:

  • Notice of your departure from Switzerland;
  • Your absence from Switzerland after an uninterrupted stay abroad of six months.

In the case of a stay abroad to carry out military service, even in the case of a long absence, the authorisation does not expire.

The B permit is issued to nationals of EU/EFTA member states who wish to settle in Switzerland for more than 364 days.

The B permit can be linked to an employment contract, to studies, to family reunification, etc.

What are the conditions for a permit to be granted? In the case of a B permit, you must have an employment contract lasting more than twelve months.

Extension of a B permit

The B permit can be extended after five years, without further formalities, if the conditions are met (employment contract, no legal proceedings, no criminal record).

Professional and geographical mobility is total (you can change canton, employer or field).

B permit and unemployment

1) If your employment contract is terminated involuntarily (redundancy) before the end of the first twelve months of residence ⇒ the B permit will expire six months after the involuntary termination of the contract.

  • If unemployment benefit is still being paid after the six-month period, the B permit expires when the benefit ends.

2) If the employment contracted is terminated involuntarily (redundancy) after the first twelve months of residence ⇒ The B permit will expire six months after the end of the employment contract.

  • If unemployment benefit is still being paid after the six-month period, the B permit expires when the benefit ends.

Exception: the B permit can be maintained under certain conditions if the cessation of work is due to temporary incapacity for work as a result of illness, accident or disability.

For more on your entitlements to unemployment benefits, please see the information provided by ACIDUL.

B permit: expiration and cancellation

The same rules apply to B permits as to L permits.

In principle, a B permit cannot be revoked if the employee is no longer active due to temporary inability to work as a result of illness or accident, or due to involuntary employment.

For general information regarding the C permit, please refer to the Canton of Vaud website.

The exceptional basis to immediately grant a C permit

Ordinary and extraordinary professors who teach at a university, at a federal institute of technology, or at the Graduate Institute of International and Development Studies (IHEID), are immediately granted a settlement permit.

The following also obtain a settlement permit as soon as they are appointed:

  • Associate and assistant professors appointed by the Council of State (Conseil d'Etat), the Federal Council or the University Council;
  • Ordinary professors at the universities of applied sciences (HES) and the universities of teacher education (HEP).

The case of doctoral and postdoctoral researchers from an EU/EFTA country

Your stay for training or further education purposes (study, doctorate, postdoc, etc.) is not, in principle, taken into account when calculating the time limit for obtaining a C permit (art. 27 LEI).

Reminder: A stay for training/study purposes is by definition temporary. Doctoral and postdoctoral researchers are therefore considered to be students.

Attention: if you held an employment contract during your scientific activity, your stay will be counted if your scientific activity is followed by more than one year's employment in the private sector or public administration. You must meet certain integration conditions.

Requesting and obtaining a C permit will be important as it will allow you to apply for Swiss nationality ("ordinary naturalisation").