A Legal Overview for Discerning Newcomers

Switzerland captivates with political stability, economic strength, and an exceptional quality of life. However, obtaining the right to reside in the Confederation is tightly regulated—and often marked by legal complexity. At LINDEMANNLAW, we regularly assist clients seeking a tailored solution for relocating – whether for personal, entrepreneurial, or tax-related reasons.

Below, we present the 5 most effective legal pathways for you or your clients to secure lawful residence in Switzerland – including eligibility criteria and associated opportunities.

Residence Permit for EU/EFTA Citizens

Nationals from EU/EFTA countries benefit from privileged access to Switzerland under the Agreement on the Free Movement of Persons with the European Union.¹  This agreement allows a comparatively straightforward move under the following conditions:

• Unrestricted access to the Swiss labor market: Residence is generally permitted for both employees (with a job contract) and the self-employed—provided there is a concrete plan for gainful activity.²
• Right of residence without employment: Retirees, students, or financially independent individuals may settle in Switzerland—provided they have sufficient financial means and valid health insurance.³
• Extended rights for family reunification: Spouses and children are entitled to join – even if they are not EU/EFTA citizens.⁴

The requirements are based directly on international treaty law, offering a clear and predictable path for many applicants.

Employment with a Swiss Employer (for non-EU/EFTA citizens)

Individuals from outside the EU/EFTA area generally need a job offer from a Swiss employer. Admission is governed by Switzerland’s economic and labor market interests.

• Highly qualified individuals—those with a university degree and/or several years of professional experience—are typically welcome in Switzerland.⁵
• The labor market test requires proof that no suitable domestic (Swiss) or EU/EFTA candidate is available. Priority is given to these groups, and the local job market must be exhausted first.⁶
• Simplified admission may be possible in sectors with a shortage of skilled workers⁷, such as healthcare, IT, engineering, construction, tourism, and the banking and insurance industries.

While requirements are stringent and there is no automatic entitlement, well-structured applications with demonstrated need and qualifications have very strong chances of success.

Residence for Wealthy Individuals Aged 55+ (for non-EU/EFTA citizens)

Wealthy non-EU/EFTA citizens may be granted residence in exceptional cases if they are over 55 and can prove a strong, non-familial connection to Switzerland.⁸

Requirements:

• Minimum age of 55 years⁹
• Independent connection to Switzerland¹⁰, such as:
  • Previous education at Swiss boarding schools or universities
  • Prior professional stays
  • Repeated holiday visits (documented via hotel invoices, passport stamps)
  • A private or professional network in Switzerland (relatives alone are insufficient)
• Sufficient financial means to live independently¹¹
• No gainful employment allowed – neither as an employee nor as self-employed. However, investments, asset management, and board mandates are permitted.¹²

This route is ideal for those with a deep-rooted affinity to Switzerland and a clear focus on starting a new life that is both personally and fiscally well-integrated.

Residence Based on “Fiscal Interest” (Lump-Sum Taxation)

In cases of particular fiscal interest, wealthy non-EU/EFTA citizens can obtain a residence permit based on expenditure-based taxation, commonly known as lump-sum taxation.¹³

• Switzerland requires a minimum annual tax payment, calculated based on the individual’s lifestyle in Switzerland, and this varies significantly between cantons. For example, lower minimums may apply in rural cantons like Nidwalden, while higher amounts are expected in popular urban cantons such as Geneva, Zurich, Basel, or Lucerne. Additional factors, such as real estate ownership, also influence the calculation.
• This minimum tax amount can be pre-agreed with the cantonal tax authorities through a lump-sum taxation ruling, offering planning certainty.
• Gainful employment is not permitted—however, asset management, investments, and board memberships are allowed.¹⁴

We assist in structuring your residence strategy for tax efficiency and support the application and negotiation process with the relevant authorities. For further information, see our detailed article on lump-sum taxation.

Entrepreneurs Creating Economic Value for Switzerland

Non-EU/EFTA nationals may also obtain a residence permit under certain conditions by founding a company in Switzerland that delivers clear economic benefit.¹⁵

Key factors for approval:

• Creation of new jobs in Switzerland
• Demonstrated local need in the relevant canton or industry
• Use of innovation and advanced technology
• Investments in the Swiss economy and regional development
• Contribution of a valuable business network (e.g. international market access)
• Proven entrepreneurial experience and track record

With a viable business plan, sufficient capital, and a strategic vision, this pathway can be successfully pursued. At LINDEMANNLAW, we guide you through every step—from choosing the right location and setting up your business to designing the optimal residence permit strategy.

Conclusion: Every Path Starts with a Strategy

The ideal residence solution is not just a matter of numbers or regulations—it requires a holistic strategy that aligns with your personal, business, and tax goals. As an experienced law firm in international immigration law, we provide precise legal guidance, bespoke solutions, and professional support in all dealings with Swiss authorities.

Would you like to learn more or schedule an initial consultation? Contact us discreetly and without obligation. We look forward to helping you secure a legally sound future in Switzerland.

¹ https://www.fedlex.admin.ch/eli/cc/2002/243/de.
² See in particular Art. 4 AFMP in conjunction with Art. 2 Annex 1 AFMP.
³ See in particular Art. 6 AFMP in conjunction with Art. 24 ff. Annex 1-AFM.
⁴ See in particular Art. 7 lit. d and e AFM in conjunction with Art. 3 Annex 1-AFM.
⁵ See in particular Art. 21 para. 3 AIG.
⁶ See in particular Art. 21 para. 1 AIG.
⁷ See in particular section 2.4 para. 2 of the explanatory notes on gainful employment of third-country nationals issued by the Department of Economic Affairs of the Canton of Zurich (as of January 2024).
⁸ See in particular Art. 28 AIG.
⁹ See in particular Art. 25 para. 1 VZAE.
¹⁰ See in particular Art. 25 para. 2 VZAE.
¹¹ See in particular Art. 25 para. 4 VZAE.
¹² See in particular Art. 25 para. 3 VZAE.
¹³ See Art. 14 DBG.
¹⁴ See Art. 14 para. 1 lit. c DBG.
¹⁵ See in particular Art. 19 lit. a AIG.