Residency Permit Process as American vs German (EU/EFTA vs Non-EU/EFTA)

Hey I’m developing a tool to help expats integrate as work professionals, students or familys smoothly without any legal risks. After doing some research I saw that EU/EFTA members can apply for a residency permit at cantonal migration offices by presenting work contracts/enrollment proof and an address registration alongside national passport.

‘‘Non-EU/EFTA member however must have an employer who applies them for a D visa and then when that’s approved they can apply for a residency permit.’’ Could an American expat please verify this statement?

Other open questions:

  1. How do I as an American expat apply for work in Switzerland and get a work permit?

  2. I’m an American expat and want to settle with my family in Switzerland. How does that work?

  3. As an American expat do I need a visa, or can I directly apply for a residency permit?

Hello and welcome.

The Swiss government has a very simple and informative website (ch.ch). There are two main paths for a permit:

Just read the Non-EU/EFTA sections of every website.

Since you mentioned work, it’s either salaried or starting a business. Salaried work it’s a B type permit and the permit application is made by the future employer. Starting a business is described as “self-employment”.

Welcome to the forum.

No, you’re not correct in your assumptions. A non-EU national needs a Swiss employer to apply for a work permit and the employer has to prove they can’t find a Swiss/EU national who could do the job before they’d be able to hire the non-EU one.

Assuming the Swiss employer is willing to try for the work permit at the same time the non-EU national needs to apply for a Type D visa at the Swiss embassy/consulate in their country to then be able to enter Switzerland for longer than the 90 day tourist limit. If the work permit is granted then the Type D visa will be issued.

There’s detailed info on requirements on both the Swiss employer and the prospective employee here:

In their country of residence.

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Welcome. I appreciate you’re trying to crowdsource answers to specific questions for your tool, but you don’t really need confirmation from “an American expat”. Axa and Medea have provided links to official sources, so have a look at those.

One path that isn’t always mentioned in detail is to be seconded by the current employer if the company has operations in Switzerland. A friend of mine did that. The employer handled all the paperwork; the family only had to provide passports such. It was for a one-year assignment and my friend has since returned to the US.

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Thanks very much for this sources but does this mean the worker applies for a visa and work permit?

Just follow the links in the sites provided:

How do I obtain a permit?

It is up to your future employer to take the necessary steps to obtain a work permit from the [cantonal immigration and employment market authorities](Cantonal immigration and employment market authorities). However, if you are self-employed it is up to you to take the necessary steps.

Further information on the procedure for non-EU/EFTA nationals is available on the website of the State Secretariat for Migration (SEM).

A work permit alone does not necessarily entitle you to enter Switzerland. Depending on your nationality, you may also require a visa. To find out if this applies to you and how to obtain a visa, see the visa page for foreigners.

On arrival in Switzerland, you must register with the communal authorities in the place where you are living within 14 days. You cannot start work before then.

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No, for non-EU the employer must apply for the work permit, Then, if approved, the worker must apply for an entry visa before moving to Switzerland. This applies to an in-company transfer as well. The Company gets the permit, the employee applies for the visa.

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So he got a residency permit for just short time right? And was his family also getting a short term residency?

ShirleyNot

Thanks for your detailed useful response this basically confirms what chatgpt and Medea says; the process is the following:

Work Professional – Non-EU

  • Must have a job offer
  • Employer applies for work permit at canton
  • Once approved → get D visa at embassy
  • Enter Switzerland → register at commune
  • Receive B permit
  • Health insurance mandatory
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Health Insurance is mandatory for all Swiss residents.

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Absolutely also for the expats and that’s what we’re trying to help them with health insurance, residency permits etc.. so they can work/study/nurture a family without any legal risk.

Also I still wonder how is the process if an American family wants to live/work in Switzerland is it good enough if one parent works here or no???

I’d be happy to find an American, UK or foreign expat who could tell me their story of settling in Switzerland and also their struggles.

I’m not sure you should really be developing an app on a subject that you don’t seem to understand at all. Or if you do, employ an immigration professional to make sure you truly have the right info.

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Yes.

It is very difficult for non-EU/EFTA nationals to come to Switzerland for work. This includes US nationals. I would think your app would be of very limited value.

I am so-called foreign and I came here as my employer head-hunted me and was prepared to devote the political capital to secure my first permit. That was also the mid-80s and things were quite different then.

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  • Must have a job offer
  • Employer applies for work permit at canton
  • Once approved → get D visa at embassy
  • Enter Switzerland → register at commune
  • (new step) B permit application is processed by canton of residence and federal authorities
  • Receive B permit
  • Health insurance mandatory (applies to both Non-EU, EU and Swiss citizens)

Usually, if the D visa (entry) is granted, there are no issues with the B permit (residence). As long as the person lives in the same canton as the employment place, the housing situation is assessed as adequate.

What is an adequate housing situation? Basically, 1 year rental contract, or furnished apartments by the month. AFAIK, hotel or airbnb address are not good enough for B permit.

I once shared a flowchart of this process in the forum, I’m trying to remember the thread title…or find again this flowchart on Swiss government websites.

To be honest, I am not sure how much help this would be to American expats.

The huge hurdle, by several orders of magnitude, is to find a local job and your future employer to justify to the authorities why it is necessary to employ an american instead of someone already here. This is not automatic nor easy. Once you are past that, the rest is really trivial - whether you have to apply here or there, they will tell you.

To put into perspective if you are american, it is like telling someone which form to fill in at the DMV whereas the real issue is how to teach them to drive first.

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Some of us are corporate drones that work for multinationals. The local Swiss subsidiary hires the third country national. Competent HR people at such organizations have zero issues with the “huge hurdle”. Of course, this knowledge and experience is missing at family business or small companies.

And, as 3Wishes mentioned, there’s a third way: someone employed by company abroad living as a posted worker in Switzerland. Couldn’t find federal regulations, but ZH canton say this:

Postings

Different from work commencements, posted employees remain subject to the employment contract with their employer in the country of origin. The employer is also responsible for submitting an application for a work permit. The work assignment in Switzerland is limited and, as a rule, project-bound.

The following conditions must be cumulatively satisfied:

  • Admission must correspond to the general interest of the Swiss economy.
  • Permission will only be granted to managers, specialists or other qualified workers.
  • Employers must adhere to the salary and working conditions customary for the location, profession and sector.

Note

Third-country nationals posted by a company based in an EU/EFTA country and who have been admitted to the regular labour market of an EU/EFTA member state for at least twelve months are subject to the rules for citizens of EU/EFTA member states.

It’s really curious. Working for a EU company in the EU, makes people a “EU worker”.