Residence permit for skilled workers from third countries

For employers and skilled workers from countries outside the EU/EFTA, Switzerland applies a considerably stricter admission regime than for EU/EFTA nationals. This article explains the main requirements for a residence permit with gainful employment.

Quotas under Art. 20 AIG

The number of first-time short-stay and residence permits for gainful employment for third-country nationals is set annually by the Federal Council in the form of maximum numbers (quotas). These quotas are distributed between the Confederation and the cantons; once the cantonal quota is exhausted, a permit can only be issued in the following year.

Priority for domestic workers

Under Art. 21 AIG, a permit may only be issued if it is shown that no employees available in Switzerland or nationals of EU/EFTA states can be found for the position. For this, the employer generally has to submit a job advertisement and documentation of the recruitment efforts.

Further requirements

• Qualification: A high level of professional qualification is generally required (university degree or several years of sought-after professional experience).
• Pay and working conditions: The conditions customary for the place, occupation and industry must be met.
• Economic interest: Admission must be in the overall economic interest.
• Housing: Suitable housing that meets the needs of the household must be available.

How the procedure works

The application is generally submitted by the employer to the cantonal migration office. The competent cantonal office (in Zurich, the Office for Economy and Labour, AWI) issues a preliminary labour-market decision; the SEM then reviews the approval at federal level and charges the permit to the relevant quota. After a positive decision, the person concerned receives an entry permit and subsequently the residence permit itself.

What is possible if the application is refused

If an application is refused — for example because the proof of priority for domestic workers is assessed as insufficient — an appeal can be filed against the decision of the cantonal office. Careful documentation of the recruitment efforts already in the application reduces this risk considerably.