Explaining Swiss Immigration Misconceptions

Switzerland’s unique immigration laws, particularly considering the country is not part of the European Union, often confuse interested travelers. The following is a compilation of some of the most frequently-discussed misconceptions, along with brief guidance surrounding the correct nature of the rules.

“EU nationals do not require a work authorization to work in Switzerland”

This statement is one of the most common misconceptions regarding Swiss immigration law.

Switzerland has agreements with the EU under the Free Movement of Persons Agreement, but it does not allow EU nationals to take up work or residency in Switzerland without having to take the appropriate steps. The same is true for persons who only travel to Switzerland for short periods of time but who will be working and, as such, a proper work authorization needs to be in place before any work can commence. As Switzerland is not part of the EU, it is often forgotten that EU nationals must comply with immigration rules in place. The nature of the trip or the length of the stay determines if a work authorization might be needed rather than the nationality a person holds.

“I can stay up to 90 days in Switzerland without a permit as I don’t require a visa to enter the country”

Whilst it is true that some nationalities do not require a visa to enter Switzerland for tourism or business purposes, it is not to say that a person can enter Switzerland and stay up to 90 days for work purposes without obtaining a work authorization accordingly. The same is valid for EU nationals. A visa exemption is not an exemption to having a work authorization, which, in most cases, requires an application and approval from the local authorities.

Non-EU nationals also only have 90 days within a rolling period of 180 days available for the entire Schengen area and not per country individually.

“I am a non-EU national living in an EU country; therefore I benefit from a simplified process if I want to move to Switzerland”

As previously discussed, Switzerland is not part of the EU. As such, if a person is residing in an EU country this would not facilitate the application process for a residence or work authorization to Switzerland. The Van der Helst ruling (allowing non-EEA nationals who are legally employed by an EU-based company to provide services in another EU country without a work permit) is not applicable in Switzerland, and every work permit application is treated according to the Federal Act on Foreign Nationals and Integration. The only advantage here is that no entry visa is required prior to relocating to Switzerland if the EU residence card is still valid once approval has been granted.

“I don’t need a work authorization as I am only working eight days this calendar year”

Although it is true that non-EU nationals may, in certain situations, be able to work in Switzerland for up to eight days in a given calendar year without work authorization, there are still specific conditions to this rule and, as such, it is important to always check eligibility prior to taking advantage of it.

This exemption is not applicable to EU nationals, as the rule in these cases applies to the employee and the sending entity at the same time. In most cases, it is, therefore, advisable to have a work authorization in place at the outset to avoid compliance breaches.

“I can relocate to another Canton without prior approval”

As previously mentioned, EU nationals enjoy freedoms in Switzerland, including geographical mobility within the country. This means that EU nationals may freely move between Cantons. The same does, however, not apply to non-EU nationals in all Cantons. Prior to moving from one Canton to the other, non-EU nationals may need to file a change-of-canton application with the authorities of the new Canton. Approval is therefore required before non-EU nationals can physically move and register at their new Canton of residence.

Need to know more?

For further information on Swiss immigration requirements, please contact Senior Immigration Manager Ana Bessa Santos at [email protected] or the Fragomen Swiss Immigration team. 

This blog was published on 30 May 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.