Swiss Immigration Considerations for 2023

As 2022 comes to a close, we are reflecting on the year and providing an overview of significant, upcoming changes regarding Swiss immigration policy.

Switzerland has seen a steady return to normalcy after the COVID-19 pandemic, allowing companies to resume business travel, assignment set-ups and the hiring of new staff members. However, there has been a noticeable increase in the shortage of qualified workers, with many sectors not being able to fill all their vacancies from the local labor market.

Switzerland has taken significant steps in trying to find solutions for these challenges, and two major proposals have been made that may come into effect in 2023.

Facilitation in the hiring of non-EU nationals

In March of 2022, the Federal Council adopted a package of measures to facilitate the hiring of skilled workers from non-EU countries. This measure is significant in trying to render the administrative process easier for employers as well as to strengthen the economy. In essence, this would translate into three distinctive measures:

• In professions where there is a proven shortage of qualified workers, employers will not need to conduct a labor market test proving that domestic priority was given.
• People will be admitted to the Swiss market even if they do not have an academic background for roles where there is also a proven shortage of workers. Currently, this possibility exists only for people with proven work experience; and
• The transition from gainful employment to self-employment for holders of a residence permit will become simplified.

In October of 2022, another proposal was put forth for holders of a master's degree or doctorate in a field where there is a shortage of skilled workers to be able to stay and work in Switzerland, even if they come from a third country. This is a select, small group of people as the law only applies to persons whose activity is of scientific or economic interest.

Both these measures may help the Swiss economy see young talent remaining in Switzerland after the completion of their studies as well employers being able to fill open roles with non-EU nationals through a simplified process.

Other important changes

Extension of the S-status for Ukrainian refugees until 2024

The Federal Council has instructed the cantons to extend the permits for people already in Switzerland by one year on expiry. Since March of 2022, more than 67,000 Ukrainians have received protection in Switzerland. With the protection status in place, employers have the possibility to employ more Ukrainian refugees through a facilitated process.

Restriction to the Swiss labor market for Croatian nationals for 2023

In November of 2022, the Federal Council invoked the safeguard clause provided by the Free Movement of Persons Agreement. This comes as the number of workers from Croatia has risen sharply this year and now exceeds the threshold figure defined in the Agreement. Therefore, Croatian nationals wanting to move to Switzerland as of January 2023 will see their access to the Swiss labor market once again restricted. Further, the number of B and L permits available in 2023 has been fixed at 1,150 and 1,007, respectively.

There are no changes for Croatian nationals already in Switzerland holding a valid permit (12 months or more), and these will be renewed as normal. The following categories are also not affected by this restriction: cross-border commuters, family reunification, residence as a person without gainful employment and the notification procedure for short-term work.

Extension of Services Mobility Agreement with the UK

Switzerland and the United Kingdom have extended their Services Mobility Agreement until December 31, 2025. Under the agreement, Switzerland will continue to apply the notification procedure to UK-based service providers seeking to provide a service in Switzerland for up to 90 days per calendar year.

When the United Kingdom left the European Union effective December 31, 2020, without the agreement, UK-based service providers would have lost their ability to benefit from the notification procedure as this is only available for EU- based companies seeking to send staff to Switzerland using a faster process. There was a provisional agreement that applied since January 2021.

Language requirements for C-permit applications

Beginning October 1, 2022, following a judgment from the Swiss Federal Court, certain foreign nationalities who were previously not affected by language requirements for C-permit applications (permanent residence status) after an uninterrupted stay of 5 years in Switzerland will now need to prove language integration.

Swiss immigration authorities have started to require proof of language skills to grant C-permits and applicants will need to have a certificate attesting an A2 (spoken) and A1 level (written) of the spoken language in their Canton of residence to meet the criteria.

This affects nationals of the following countries: Belgium, Netherlands, Italy, France, Austria, Germany, Denmark, Spain, Portugal, Greece, and Liechtenstein.

No visa collection required for non-EU nationals living in the EU

The Swiss authorities have opted to simplify the entry requirements regarding a stay of more than 90 days for third-country nationals holding a valid residence permit issued by a Schengen State or a valid D-visa are exempt from collecting an entry visa prior to travelling to Switzerland, provided they are in possession of a recognized and valid travel document.

New Quotas released for 2023

Next year, 8,500 qualified workers from third countries will be able to be admitted to the Swiss job market: there will be 4,500 B-permits and 4,000 L-permits.

In 2023, 3000 L-permits and 500 B-permits will be available for service providers in Switzerland.

British nationals will continue to have their own quotas: 2100 B-permits and 1400 L-permits.

Need to know more?

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

This blog was published on 24 November 2022, 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.