Since Switzerland is not a member of the EU, employee migration there is subject to certain regulations. This means that in compliance with certain agreements Switzerland agreed into to streamline such procedures, workers from the EU and outside the EU must get intra-company transfer visas.
In case you’re considering staff migration to Switzerland, the following guide will help you understand some of the key concerns. However, please rely on our Swiss immigration lawyers for specific assistance.
The process for moving employees to Switzerland
The requirement for two levels of approval for inter-company transfers in Switzerland is among the most crucial factors to take into account:
national; provincial.
The application is initially submitted at the cantonal level, and once it is accepted, it moves on to the federal level.
The Swiss company moving staff no longer needs to pass the labor market assessment exam, which is another benefit of choosing this channel to bring in foreign labor.
Our immigration lawyer can assist you with moving staff to a foreign company’s Swiss office.
You may trust our attorneys if you wish to relocate to Switzerland. Our team is committed to providing the finest immigration outcomes possible. Regardless of the kind of residency permit you wish to apply for, you can rely on us. Please get in touch with us to learn all you require to discuss your relocation alternatives.
In several European nations, the permanent residency permit is comparable to the Swiss C permit. Please get in touch with us to apply for such a visa. You can get a variety of immigration-related services from our lawyers. You may rely on us to provide specialized services.
Qualifications for employees to be eligible for intra-company transfer visas
Experts working for a foreign company, as well as executives and senior managers, can relocate to Switzerland, as was previously mentioned. According to the State Secretariat for Migration (SEM), those having decision-making power inside an enterprise are executives and senior managers, and those with substantial training in research or economics are considered vital experts.
The GATS allows for inter-company transfers between Swiss companies in the following scenarios:
the employee has worked for the company outside of Switzerland for at least a year prior to the application; the employee is considered an essential person; the general conditions of the immigration department for getting a work permit are satisfied;
Alternatively, under the Federal Act on Foreign Nationals and Integration and the Federal Ordinance on Admission, Residence, and Gainful Employment, intergroup transfers are allowed in the following situations:
The economic interests of Switzerland are served by the transfer; the annual quotas are honored; the employee has suitable accommodation; the employee is an executive, senior management, or highly skilled specialist; and the applicable minimum pay and working conditions are met.
The labor market evaluation requirement no longer exists, which is the primary benefit of sending personnel to Switzerland with this visa.
The Swiss B permit and the intra-company transfer visa are comparable.
You may trust on our local experts to assist you with any aspect of your application for residency in Switzerland.
Employee transfer to Switzerland for non-EU/EEA personnel
When it comes to inter-group transfers, there are two choices for non-EU/EFTA citizens who work for Swiss companies or their subsidiaries.
The General Agreement on Trade and Services (GATS) permits employee relocation to Switzerland for so-called essential workers. Important individuals suggest:
extremely competent experts whose breadth of knowledge is essential to the company’s ability to provide a service; executives or senior managers whose job it is to supervise the business or one of its divisions and who solely answer to the board or shareholders.
Third-country workers who are frequently transferred must abide by the previously outlined rules. Nonetheless, EU and EFTA nationals are free to work in Switzerland and can be employed directly by Swiss businesses or dispatched there by their parent company.
Our specialists are interested in personnel relocation to Switzerland, so please don’t hesitate to contact us if you require assistance.
In the event that you decide to immigrate to Switzerland via a different route, we are also available to you. The relocation to Switzerland has a number of advantages. The majority of those who choose to immigrate must get a residence permit in Switzerland. Please do not hesitate to contact us if you would like advice on selecting the appropriate immigration option.
The initial document proving a foreign national’s right to reside in this country is the Swiss B permit. With this long-term resident visa, an individual can stay for up to five years. Do not hesitate to use our comprehensive immigration support, which offers a personalized range of services, if you wish to apply for such a permission.
visas that must be obtained for transfers to Switzerland between companies
Relocating an employee to Switzerland requires getting a work permission, and the L permit is the only one that fits this description.
The following is how the permit is issued according to the length of the transfer:
Work visas valid for four months straight; L permits valid for twelve; and permits valid for one hundred and twenty days every twelve months, allowing the holder to work in Switzerland for a maximum of one hundred twenty days.
EU nationals who work, provide services, or are sent to Switzerland for a maximum of 90 days are exempt from the need for L permits. This also holds true for non-EU nationals who, before their 90-day move to Switzerland, worked for an EU business for at least a year.
Following Brexit, an agreement has been negotiated between Switzerland and the UK regarding the mobility of service providers. This agreement is in force as of January 2021 and is initially only meant to last for two years, with the possibility of an extension. It allows British nationals who work for themselves as cross-border service providers and have their company headquarters in the UK to supply services in Switzerland for a period of ninety days.
Who needs to apply for a visa to relocate within Switzerland?
The employer must submit a permit application that demonstrates compliance with legislative requirements to the cantonal migration authority where the Swiss company has its legal seat. Once the cantonal authorities have given a good response, the Federal Council will have to approve the application for a national of a third country. Based on the canton and the amount of work the authorities have on their hands, the process may take up to three months.
For information specific to the canton in which you wish to relocate staff, please do not hesitate to contact our Swiss immigration attorneys.
You can count on us for assistance in submitting an application for a C permit for Switzerland if you satisfy the legal criteria for permanent residence.
Validity of a Swiss intra-company transfer visa
Important individuals may stay for a maximum of 4 years under the GATS. Licenses granted in accordance with the Federal Ordinance on Foreign Nationals and Integration are subject to the usual rules.
You may rely on our local specialists for advice in selecting the appropriate sort of visa if you are a foreign company representative in Switzerland looking to relocate personnel.
Swiss Labor Market Regulations
Switzerland’s separation into cantons makes it a unique nation in terms of laws and taxes. For this reason, it is the responsibility of the cantonal authorities to ensure that the rules against illicit work are upheld. Every canton makes its own decisions about how to set itself up in this case, including how to distribute its authority to make sure the regulations are obeyed.
It is the employers’ exclusive duty to register their employees for unemployment insurance and social security. Employers must also adhere to regional conventions, collective labor agreements, and Swiss law. These include regulations pertaining to minimum salaries, holidays, a maximum number of working hours, security, hygienic requirements, and housing for displaced workers.
Based on current data:
In the second quarter of 2022, there were 1.683 million foreign workers employed in Switzerland; 79.2% of these individuals were from the UK or other EU/EFTA member states, while the remaining 20.8% were from non-EU/EFTA nations.
Please get in touch with us if you are interested in moving staff to Switzerland and require assistance.