Most of the time, expatriates or their HR Managers use our services before moving to Switzerland, especially early enough (most of the time) to obtain a work permit. All the clarifications and discussions are aimed at selecting the right option for the expat and, most importantly, getting the work permit. This is more time-consuming when it comes to local employment of third-country nationals and less so for expatriates who must work in Switzerland as part of an international, internal assignment. Thus, all parties involved focus on the work permit.
As soon as we are successful with the work permit, the phase actually begins in which the employee must become active. Depending on the nationality, a C-Schengen visa or then a national D-visa for residence must be applied for. With a 120-day permit, the employee is allowed to work in Switzerland for up to 120 days within a 12-month period. A C-Schengen visa, in addition to the work permit obtained (the approval of the labor market and migration authorities), is a mandatory requirement for entry for purpose of work in Switzerland.
For this type of visa, a personal appointment must be made at the respective embassy or consulate in the home country and/or country of residence. However, if the employee has already submitted the fingerprints for another Schengen visa within the last 5 years, the visa collection can be done in writing via mail. Otherwise, the person is obliged to hand in the fingerprints together with other documents at the Swiss representation. Once the visa stamp is obtained on the passport, the employee can enter Switzerland and work. The Schengen regulation concerning 90 days stay within a rolling 180-day-period must always be observed to avoid refusals of entry and entry bans.
Whoever holds a 120-day permit has the three V elements to be entitled to work:
- Approval of the labor market authority (not all cantonal offices issue such a document)
- Approval of the migration office or SEM, the so-called authorization to issue visa
- Visa stamp on the passport
Then the person is entitled to work in Switzerland without further ado. If the employee is visa-exempt, the person may start working after receiving the approval from the Migration Office.
If the employee is to work in Switzerland for a longer stay, a national D-visa must be obtained. With this type of visa, the person does not have to hand in the documents personally and can send the application together with the documents via postal mail. The visa is issued within 5 working days and returned by registered mail. The person is then allowed to enter Switzerland.
Upon arrival in Switzerland, the person is required by law to register with the future residents' registration office of the place of residence within 14 days. With the registration at the residents' registration office, an application for a residence permit is sent to the responsible cantonal migration office. This office invites the person to register the biometric data to issue the biometric foreigner's identity card (residence permit card).
Weeks can pass between registration and biometric data collection, which is why most cantons allow the person to start working after registration. Strictly speaking, the person would have to show a valid residence permit card to be allowed to start working. Thus, the steps to complete the work and residence permit process are significantly more and time-consuming for a longer stay.
In summary, an expat with an L or B permit needs the following steps or elements of the procedure to be eligible to work:
- Approval of the labor market authority
- Approval of the State Secretariat for Migration (SEM)
- Approval of the migration office in terms of authorization to issue visa
- Visa stamp on the passport
- Registration at the residents' registration office
- Registration of biometric data
- Receipt of the residence permit card
If the person is visa exempt, the employee may enter Switzerland after the approval of the Migration Office (in this case the document is called "assurance of residence permit" instead of "authorization to issue visa") to register directly.
In the case of a resident, the health insurance situation must then be checked. Depending on the situation, either an exemption from compulsory health insurance in Switzerland or the completion of a health insurance policy is due. In the case of a 120-day permit, there is no further obligation in this regard.
With this example, we have briefly shown the basic differences in the procedure for these types of work permits, which a resident in Switzerland in particular has to deal with. We strongly recommend informing the employee in advance of these steps, prior to moving to Switzerland.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
