In previous editions of our series on the Five Magic Paths to a Residence Permit in Switzerland, we have already highlighted four particularly practical options:
i. The lump-sum taxation as a basis for a residence permit;
ii. Wealthy private investors over 55 years old;
iii. Entrepreneurs residing in Switzerland;
iv. The privileged access for EU/EFTA nationals.
With this final post, we complete the series and focus on a topic of high practical relevance for many businesses: employing qualified workers from so-called third countries. In daily consultations, we frequently encounter the same questions and we answer them briefly and understandably below.
Can Swiss companies employ third-country nationals at all, or are the hurdles too high?
Yes, hiring third-country nationals is legally possible but only under certain conditions. Unlike EU/EFTA citizens, who have the right to reside in Switzerland based on the free movement agreement, third-country nationals require formal authorization. This is granted only if the person has a qualified education, typically a university degree or an equivalent qualification, and several years of professional experience. Additionally, a concrete and plausibly justified job offer from a Swiss employer must be present. The requirements are demanding, but with careful preparation and a sound professional rationale, there are realistic chances of success.
What is meant by the “economic interest” of Switzerland, and how can businesses concretely prove this in the permit process?
The concept of national economic interest is anchored in Article 18(a) of the Foreign Nationals Act (AIG) and is interpreted by the authorities based on various criteria. It refers to a long-term economic and societal interest of Switzerland. Specifically, it is evaluated whether employing a foreign specialist contributes to economic development, for example, by bringing in specialized knowledge, developing innovative products or services, or strengthening strategic industries. Authorities also assess whether employing foreign workers might cause risks such as structural distortions, social dumping, or fiscal burdens. If none of these risks exist, the national economic interest is considered fulfilled in practice. Employers are well-advised to clearly explain the strategic significance of the intended employment e.g., by describing the specific expertise or role within the company.
What does “preferential treatment of Swiss nationals” mean, and how can an employer prove that no suitable worker is available from Switzerland or the EU/EFTA area?
According to Article 21 of the AIG, work permits for third-country nationals can generally only be issued if no suitable person from Switzerland or the EU/EFTA area can be found for the position. The employer must demonstrate that despite serious and documented recruitment efforts, particularly through advertisements via the regional employment offices (RAV) and other channels, no appropriate professional could be recruited. Relevant documentation includes not only job advertisements but also records of interviews, received applications, and rejection reasons. Transparency is key: the relevant authorities will review whether the recruitment process was clear and genuine. Superficial or purely formal search activities are not sufficient.
What qualifies as a shortage occupation, and how can businesses prove that their job offers fall under the simplified admission conditions?
In sectors with a proven shortage of skilled workers, simplified rules may apply, particularly regarding proof of the local search. According to the guidelines of the State Secretariat for Migration (SEM), positions such as management roles, business specialists in management analysis, engineers, medical professionals, and university lecturers are considered shortage profiles. In these cases, it can be assumed that the domestic workforce potential has been exhausted, meaning that certain formal requirements, such as detailed publication or submission of a list of candidates, may be reduced. However, businesses must clearly demonstrate that the position corresponds to one of these profiles, especially by describing the role, requirements, and industry affiliation.
What are the requirements for salary and working conditions, and how does the authority check whether a “local and industry-standard” salary is being paid?
A key objective of the legislator is to prevent market distortions and wage dumping. Therefore, Article 22(1)(a) of the AIG requires that the offered salary matches the local, professional, and industry standards. The examination is carried out by the cantonal authorities based on statistical reference values, specifically the Swiss Wage Book and the online tool Salarium. If a collective labor agreement (CLA) exists, its provisions are binding. The wage level must not only be market-appropriate but also substantively justified. Too low or excessively deviating salaries often lead to the rejection of applications in practice.
Conclusion: Recognizing Opportunities – Avoiding Risks
The admission of third-country nationals to the Swiss labor market is clearly regulated by law but offers room for maneuver, especially for highly skilled professionals in specialized sectors. Companies that engage with the legal framework early on and prepare their applications professionally can successfully and legally access talent from abroad.
LINDEMANNLAW is your partner: We are happy to support you in assessing the chances of success, optimizing your application, and communicating with the relevant authorities. Our focus is on legally secure, efficient, and economically sensible implementation of your personnel strategy.
Contact us for an initial consultation. Let us assess your opportunities now – competently, discreetly, and solution-oriented.
