Hello!
I am an artist living in a third country.
Recently, I received a job offer in Switzerland. However, my employer said that I need to first register as a freelancer in Switzerland, and then they will sign a contract with me. They said that this is how they work with everyone.
I have been searching for information online and as far as I understand, this is very difficult for a third-country national to do. Am I correct? Has anyone had experience with this? I would be very grateful for any advice on this matter. Thank you.
Welcome to the forum.
This is simply not possible for non-EU nationals since the employer has to prove they can’t find a Swiss/EU national who could do the job before they’d be granted a permit on your behalf. Non-EU nationals are not allowed to be self-employed/freelancers unless they have an open B permit or a C permit.
I thought so!
So, what options are available? Should I try to get a job directly through a contract? Or should I forget about it and wait until my country becomes a member of the EU 😅
You could try and get a job here, but the requirements don’t make it easy.
You can see those here:
https://www.sem.admin.ch/sem/en/home…zulassung.html
Non-EU/EFTA nationals cannot secure residence/work permits themselves. Their prospective employers need to get the permit for them. There are limited exceptions to this, for example, family reunification.
It is technically possible to get a permit as self employed, but extremely unlikely. You have to have an elaborate and clear business plan and show that your business will generate a lot of economic activity (at least in the 7-figure range, I was told by the authorities) and create jobs for others.
As a non-EU artist it's not difficult to do freelance work in Switzerland as long as you have another primary reason to have a permit (for example studies, or being the spouse of someone who lives here), but it's virtually impossible to get a long-term permit for work reasons. For a permanent job, an employer can only hire you for a job that is 80% or more, in a manager or specialist position, in your field of expertise where you have a high level of qualifications, and show that they couldn't find any qualified Swiss or EU candidates. Artistic jobs that fulfill these criteria are pretty much inexistent.
There are exceptions for performing arts. Permanent jobs in major theaters and orchestras need only be 70% and no requirement to prove that no EU or Swiss candidate could be found (but there's a cap on the portion of the roster that can be non-EU).
And it's possible to get temporary permits to work and live in Switzerland for limited contracts up to 8 months over 12 (stays outside Switzerland between engagements are substracted from the duration so you can basically live mostly here the whole year as long as you leave for the country for a cumulative 120 days or more as long as you have work contracts to justify the stay), and that is not counted towards quotas or subject to Swiss/EU priority access to the job market. But as far as I know, in that case the employer is still treating you as an employee, not as a self-employed contractor.
So your employer just can't hire you the way they want.
Thank you so much!
Where can I read about temporary permits?
Thank you everyone, the topic is closed!
The employer cannot assist with obtaining a work permit.
Just in case, the form for temporary stays for performance artists is the "A7/K9/M8 Form". That needs to be accompanied by all relevant documentations and work contracts, and submitted by the employer to the cantonal authorities. The artist also needs to submit a copy of their work contract(s) and passport to the Swiss representation abroad.