Switzerland: Quotas to be Reintroduced for Croatian Nationals
November 16, 2022
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At a Glance
- Switzerland will be re-introducing quotas for Croatian nationals in 2023 after the number of Croatian nationals applying for L and B permits surpassed the threshold defined in the relevant legal regulations.
- As a result, starting January 1, 2023, employers seeking to hire Croatian nationals to work in Switzerland under L and B permits will need to conduct labor market tests before hiring Croatian nationals, which can add up to eight weeks to the immigration process.
The situation
The Federal Council of Switzerland will be re-introducing quotas for Croatian nationals in 2023.
A closer look
This decision comes after the number of Croatian nationals in Switzerland during 2022 surpassed the threshold defined in the relevant legal regulations.
Impact
Starting January 1, 2023, employers seeking to hire Croatian nationals to work in Switzerland under L and B permits will need to request a quota with the competent cantonal authorities. The quotas will be available on a first-come-first-serve basis. The decision applies only to Croatian nationals seeking to work in Switzerland for more than three months, or who settle in Switzerland country on a self-employed basis. This does not affect Croatian nationals who were already in Switzerland and who had a valid permit before this quota rule came into effect.
Background
- Purpose of safeguard clause in the law. Switzerland has seen a rapid increase in immigration of foreign workers since the pandemic due to a sharp economic recovery, which has translated to a higher demand of Croatian nationals. Switzerland implemented the safeguard clause to make sure there is a phased approach to the integration of Croatian nationals in the Swiss labor market.
- History of quotas for Croatian nationals in Switzerland. Since January 2022, Croatian nationals benefited from the Free Movement of Persons agreement, meaning they were not subject to quotas to work in Switzerland. Between January and October 2022, Switzerland issued 2,413 B permits to Croatian nationals, despite the threshold for 2022 being set at 178. These numbers met the conditions provided for by the Free Movement of Persons Agreement and allows Switzerland to unilaterally invoke the safeguard clause.
Looking ahead
We expect Switzerland to face difficulties in meeting the skills and workforce demands of companies that are seeking to fill talent gaps as the economy keeps growing. The government will likely use immigration policy to fill this worker gap.
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].
