Switzerland: Implementation of Relaxed Rules for Highly-Skilled Non-EU Nationals
February 2, 2023
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At a Glance
The Swiss Federal Council has implemented the following measures to streamline third-country nationals’ residence and work permit processes:
- Employers seeking to hire third-country nationals in industries with a skills shortage (the government has published this list) may no longer need to conduct a labor market test;
- Third-country nationals in skills shortage occupations may be eligible for a residence permit even without an academic education; and
- Foreign nationals who have been granted a B-permit with no restrictions or conditions, may apply for self-employment through a facilitated process with simplified requirements.
The situation
The Swiss Federal Council has implemented several measures to streamline third-country nationals’ residence and work permit processes.
A closer look
| Details | Impact |
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Improvements for those in skill shortage occupations. Employers seeking to hire third-country nationals in industries with a skills shortage may be exempt from conducting a labor market test. The government has confirmed that exempt positions include:
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| Waiver of diploma requirement for skills shortage occupations. Authorities in each canton can now waive the need for non-EU nationals in shortage occupations to submit a diploma in higher education to qualify for a work permit. Instead, supporting documents proving at least one year of professional training or several years of professional experience, will qualify. | This will open the pool of potential candidates in skills shortage positions. |
| Switching to self-employment. Foreign nationals who have been granted a B-permit with no restrictions or conditions may apply for self-employment through a facilitated process with simplified requirements. Specifically, they will no longer be required to show that their business fulfills the general economic interest of the canton. | Currently, residence permit holders must undergo a complex process if they seek to switch to self-employment status. These new measures reduce application requirements, which should expedite the overall process. |
Background
The government has adopted these changes to encourage skilled foreign workers to enter the labour market, following the Federal Council’s report on changes in migration policy, which reported skills and workforce shortages.
Looking ahead
These changes are expected to expedite and facilitate processes, which will hopefully improve processing delays. However, employers should be advised that authorities are still free to request evidence of recruitment efforts in the EU and domestic market.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
