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MOVING TO SWITZERLAND

‘Trailing spouses’: What are your rights if you move to Switzerland with your partner?

If you are planning to follow your significant other to Switzerland, there are some important things you should know about the move.

'Trailing spouses': What are your rights if you move to Switzerland with your partner?
There are tules about bringing your spouses and children to Switzerland. Photo by Swansway Motor Group on Unsplash

For many foreign workers, relocating to Switzerland is often a ‘package deal’ — that is, they bring their families along.

But depending on where they come from, the administrative process involved in bringing spouses and children to Switzerland can either be relatively easy or quite complex.

This is how it works.

Relocating from the EU/EFTA

As is the case with everything that concerns citizens of the European Union, as well as Norway, Iceland, and Liechtenstein (EFTA), they can move to Switzerland pretty much hassle-free.

This right extends to breadwinners as their spouses/children.

In fact, they don’t need a permit at all if they work in Switzerland for up to three months.

After this period, they must apply for a residence permit  B for themselves, their spouses, and children over the age of 18 (minors don’t need their own permits).

To do so, you must submit to your cantonal authorities a valid identity card or passport, as well as official confirmation of employment or an employment contract.

Your  family can remain in Switzerland for the duration of validity of  your permit, which is generally five years for permits B, and can then be extended.

READ ALSO: Just how freely can EU citizens move to (and within) Switzerland?

Your spouse can work in Switzerland as well, under the same rights granted to EU/EFTA nationalities.

If he or she is not employed, however, they can remain in the country as long as you are working in Switzerland.

Things get more complicated for people (and spouses) who come from outside the EU/EFTA.

How so?

Generally speaking, access to Switzerland and its labour market is more restricted for people from third countries.

Unlike those from the EU / EFTA states, who have a nearly limitless access to Switzerland’s labour market, those from outside Europe have more hurdles to overcome in terms of work permits.

The reason is that permits for this group of foreigners are subject to quotas and strict rules.

According to the State Secretariat for Migration (SEM), “admission of third-state nationals to the Swiss labour market is only granted if it is in the interests of Switzerland and the Swiss economy as a whole.”

READ ALSO: Can a third-country national resident in the EU work in Switzerland? 

The rules regarding spouses are similarly strict.
As is the case for the breadwinner — that is, the person who is coming to Switzerland to work — their spouses too must have a visa to enter the country.

The only exemption from the visa requirement, according to SEM, “are non-EU/EFTA family members who hold a valid residence permit issued by a Schengen member state.” 

Do you have to be legally married to bring your spouse to Switzerland?

Registered partnerships, as long as they are recognised in Switzerland, are also valid for the purpose of relocation.

A ‘registered partnership’ includes same-sex couples who are not married or people of opposite sex living together as common-law spouses — as long as these partnerships are validly registered abroad and have the same legal standing as partnerships registered in Switzerland. 

The fact of merely living together under one roof will not entitle the partner to follow you to Switzerland.

There are two other conditions you need to fulfil as well.  

One is that the breadwinner’s income is sufficient to provide for the whole family without relying on social aid.

The second condition is that your house or apartment is big enough to accommodate your family comfortably “by Swiss standards” — officially defined as one room person minus one.

This means that if you are family of four, your dwellings should be no smaller than three rooms. 

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WORK PERMITS

Why Switzerland’s work permit quotas for non-EU nationals are rarely filled

Out of the maximum number of work permits set aside by Swiss government for UK citizens and other non-EU nationals, only a portion have been handed out.

Why Switzerland's work permit quotas for non-EU nationals are rarely filled

While citizens of the EU and EFTA states (Norway, Iceland, and Liechtenstein) have an almost unlimited access to Switzerland’s labour market, those coming from third countries face more restrictions. 
 
To be able to work in Switzerland, people from outside the EU / EFTA must be highly qualified specialists or other skilled professionals.

According to State Secretariat for Migration (SEM), “this means that you should have a degree from a university or an institution of higher education, as well as a number of years of professional work experience.”

Another hurdle to overcome before a third-country candidate can be hired, is that no Swiss or EU / EFTA national can be found for a given position.

Annual quotas

Each year, the Federal Council releases a set number of permits (also called ‘quotas’), allowing non-EU / EFTA nationals to work in Switzerland during the year.

Quotas for 2024 are the same as they have been for the past several years: 12,000 in all.

They consist of B and L permits, depending on the kind of employment individual foreigners are eligible for.

Out of the total number, 3,500 permits are set aside specifically for UK nationals, who are eligible for separate quotas as part of a transitional post-Brexit arrangement: 2,100 B and 1,400 L permits are  just for them.

The remaining 8,500 permits are meant for other third-country workers.

Third-country quotas are set by each canton, depending on its economic needs.

The federal government then determines the total number of permits it will make available to each canton.

READ ALSO : Who do Switzerland’s 12,000 work permits for non-EU citizens go to?

Given the shortage of qualified workers in Switzerland, a natural assumption would be that all of 12,000 non EU / EFTA permits would be snapped up / attributed.

However, this is not the case.

Recent SEM data indicates that in 2023, there was a quota ‘shortfall’ — in other words, only a part of available third-country permits had been issued. 

Of the total of 12,000 permits, 7,480 were distributed among cantons for their non-EU / EFTA workforce — 848 (out of 3,500) were issued to UK nationals and 6,632 (out of 8,500) to people from other third countries. 

In fact, “this maximum number had not been fully utilised since 2017,” SEM’s spokesperson Samuel Wyss told The Local.

‘Demand-driven system’

One reason, according to Wyss, is that “the admission of third-country nationals depends on the needs of the economy and employers.”

Therefore, “the system for admitting third-country nationals to the Swiss labour market is demand-driven… The majority of Switzerland’s labour and skilled worker requirements are covered by domestic workers and those from EU/EFTA states.”

Additionally, a number of applicants don’t meet the eligibility criteria for the permit — ranging from the candidates’ professional qualifications to insufficient contribution they would make to Switzerland’s “overall economic interest.”

“If one or more of these requirements are not met, the permit will not be granted, even if there are still quotas available within the annual maximum numbers,” Wyss pointed out.

READ ALSO: How UK citizens can obtain a Swiss work permit set aside for British
 

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