Revisions to the Federal Act on Foreign Nationals and Integration

As shared in our December 2022 blog, “Swiss Immigration Considerations for 2023,” the Federal Council adopted a package of measures to facilitate the hiring of skilled workers from non-EU countries. These measures are significant in rendering the administrative process easier for employers as well as strengthening the Swiss economy.

Today, these measures have been implemented for occupations where there is a proven shortage of highly skilled workers in the following groups of professions:

• Executives in the fields of information technology, communication technology, consulting, finance and insurance, machinery, electrical equipment, metallurgy, chemical and pharmaceuticals and food production;
• Engineers, scientists and researchers in the fields of mathematics and technical sciences;
• Healthcare professionals, including medical specialists, medical assistants, specialized nursing staff (e.g. in operating theatres, acute care and nursing homes), emergency care and radiology assistants; and
• Teaching staff members at universities.

The first implemented change applies to the hiring of Non-EU nationals, where the law requires proof that the employer tried to find a suitable candidate in the domestic and EU/EFTA labour market. The cantonal authorities are given more flexibility in the application of this requirement when processing Non-EU local hire applications when they relate to types of occupations that are clearly affected by a shortage of skilled labour in Switzerland and the EU.

In such cases, the cantonal authorities responsible for examining applications for work permits may waive the requirement for companies to provide evidence of the searches they have conducted on the domestic and EU/EFTA labour market.

Of importance to note is that cantonal labor market authorities are not obliged to waive the requirement of the labor market testing. This remains at the discretion of each Canton. This means we may still see Cantons applying the need to have a labor market testing submitted with applications, even if the occupation is affected by a shortage of skilled labour.

Further, when deemed necessary, cantonal labor market authorities may always request further justifications pertaining to the hiring process of non-EU nationals. Employers must therefore be ready to present proof that they have tried to respect the order of domestic priority. To this end, open roles must be posted with the local unemployment agencies.

Another adjustment pertains to the educational requirements when it comes to hiring non-EU nationals. Cantonal authorities may now waive the need of qualified workers holding university diplomas. Instead, individuals concerned must either certify—with supporting documents—that they have completed at least one professional training course or have several years of professional experience.

The final adjustment affects foreign nationals holding a B-permit with activity who wish to become self-employed. The Federal Council recognizes that foreign nationals already living in Switzerland may show a high level of integration in social and work life and as such should not be restricted in their ability to start an independent source of income.

Therefore, persons who have been granted a B-permit with no restrictions or conditions may apply for self-employment through a facilitated process with simplified requirements, and the cantonal labour market authorities can apply the criteria of general economic interest more flexibly.

In contrast, for foreign nationals who have been granted a B-permit with restrictions and conditions, a transition from salaried employment to a self-employed activity is still subject to the normal conditions for admission set forward in the law.

Need to know more?

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

This blog was published on 2 February 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.