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By: Ana Bessa Santos
Earlier this year we provided an overview of the Swiss quota system, including the number of quotas released by the Swiss Federal Council and how these are shared between the Cantons. Understanding that there is a quota system in place in Switzerland helps us to understand the full picture of how many permits are being used up between different groups of nationalities and also helps companies to plan and think about their future hires.
To recap, as a general rule, it is stipulated that anyone wishing to live and work in Switzerland for longer than four months must apply for a permit, which is known as a quota permit. Exempt from this rule are EU27/EEA citizens who are employed with a local employment contract. There are two types of quota permits: Short-term L permits and long-term B permits.
Third-country nationals
For third-country nationals, the number of available B and L permits has not changed compared to 2020. This means there were 4,500 B quotas and 4,000 L quotas available again this year. These are divided between the federal government and the individual cantons.
The last statistic published by the State Secretariat for Migration in October 2021 shows that 2,410 L quotas and 2,877 B quotas have been used so far. The Swiss Federal Reserve still has 1,153 B quotas and 977 L quotas available. The Cantons also have 613 L quotas available as well as 470 B quotas. The 1,587 L and 1,420 B permits that remained unused in the year 2020 are not included in these numbers.
How do quotas for EU citizens work?
EU28/EFTA citizens benefit from the Agreement on the Free Movement of Persons, but this only applies in the case of a local employment contract. In the case of a posting in Switzerland, the rules of the Foreign Nationals and Integration Act (Ausländer- und Integrationsgesetz, AIG) apply and, therefore, work permits for EU28/EFTA citizens on assignment in Switzerland are also subject to quotas.
For EU28/EFTA citizens on assignment, the Federal Council has approved 500 B residence permits and 3,000 L short-term residence permits for the year 2021—as it did last year. These quotas are released on a quarterly basis and are jointly available to all Swiss cantons.
The last statistic published by the State Secretariat for Migration in October 2021 shows that 1,364 L permits and 247 B permits have already been used. The number of quotas available from the Federal Reserve for the year 2020 are as follows: 1,636 L permits and 253 B permits.
Quota restrictions: Croatian nationals
Of the EU member states, only Croatian nationals are still subject to restrictions on the free movement of persons in 2021. For the year 2021, 250 B permits, and 2,000 L permits were allocated to Croatian nationals. The quotas are also released quarterly, are jointly available to the cantons, and apply only to local employment.
The current data shows that 742 L quotas and 250 B quotas have been used so far. This means that the B quotas for this quarter have been already exhausted, while there were still 1,258 L quotas available at the end of October 2021.
Brexit: New regulations for UK nationals
Due to the expiry of the transitional phase of the United Kingdom's withdrawal from the EU, special provisions have applied to UK nationals wishing to work in Switzerland since January 1, 2021. As a result, a total of 2,100 B quotas and 1,400 L quotas were made available from January 1, 2021. These are also released on a quarterly basis and apply to both local hires and assignments.
By end of October, only 213 L permits and 513 B permits have been used for UK nationals in Switzerland, which resulted in 1,187 L and 1,587 B quotas being still available.
2022: Announcement of available quotas
The Federal Authorities has already confirmed that for 2022 the maximum number of quotas for all categories of workers will remain the same as in 2021.
There will be again 4,500 B permits and 4,000 L permits available for Non-EU nationals. For EU nationals on assignment to Switzerland, the quotas will continue to be 3,000 L permits and 500 B permits. The quotas will be released quarterly, as in the past.
UK nationals also see their maximum number of quotas staying the same. Up to 3,500 British national workers can be recruited again in 2022: 2,100 with a B permit and 1,400 with an L permit. They are exclusively the responsibility of the cantons and can therefore be issued without the approval of the Confederation. These maximum numbers are valid for a further year as a transitional solution. The regulations that will apply after 2022 will have to consider the developments around a possible preferential agreement between Switzerland and the UK concerning their future relations in migration matters.
The biggest change for 2022 pertains to Croatian nationals who see their status fully integrated with other EU nationals—granting them full freedom of movement and no longer subjecting them to a quota system as of January 2022. The Swiss government reserves the right, though, to re-introduce quotas for this group of nationals depending on the number of individuals that will move to Switzerland in the next year.
Need to Know more?
For further information on this topic, please contact Ana Bessa Santos at [email protected]. This blog was published on 21 December 2021, 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.
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