Country Update 2024: SWITZERLAND

Contributed by: Laure Baumann (Lenz & Staehelin)

May 2024

1. Legislative Changes

Work permits for third-country nationals who have completed their studies in Switzerland

Parliament discussed a project to exempt third-country nationals who have obtained a bachelor's, master's or doctorate degree in Switzerland in a field where there is a shortage of skilled workers from the quota system when converting their student residence permit. On December 19^th, 2023, Parliament decided to refer the draft back to the Federal Council, as it considers the creation of a category of third-country nationals not subject to quotas to be problematic from a constitutional point of view. The Federal Council will therefore have to draft a new proposal.

2. Business Immigration

i.               Application of annual quotas to work permits for Croatian nationals

On November 22, 2023, the Federal Council maintained the application of annual quotas to work permits issued to Croatian nationals. As a result, a limited number of permits will be issued to Croatian workers wishing to start gainful employment or self-employment in Switzerland as of January 1^st, 2024. In particular, only 1,053 permits issued for gainful employment lasting up to one year (L permits) and 1,204 permits issued for gainful employment exceeding one year (B permits) may be issued, on a quarterly basis.

Both the activation of the safeguard clause for 2023 and its extension for 2024 are based on art. 10 para. 4d of the Agreement on the Free Movement of Persons (“AFMP”). This safeguard clause can be applied within ten years of the entry into force of Protocol III, i.e. until December 31^st, 2026.

ii.              Visa requirement lifted for Kosovar nationals

As of January 1^st, 2024, Kosovar nationals wishing to make a short stay in the Schengen area no longer require a visa. Following the adoption by the European Parliament and the Council of the EU of a regulation abolishing the visa requirement, Switzerland also applies this new regime to Kosovar nationals holding a biometric passport, after amending the Ordinance on the Entry and Issuance of Visas.

3. Family based immigration

Regularisation of residence permits for victims of domestic violence

Victims of domestic violence currently lose their residence permit upon separation, unless the marriage has lasted at least three years and they are well integrated. In addition, they must also prove that the violence has been of a certain intensity and duration.

The contemplated amendment to the FNIA aims to strengthen the protection of victims of domestic violence who are holders of a residence permit (B permit), a short-term permit (L permit) or who are provisionally admitted (F permit), and who will have the right to regularize their residence status. The wording ‘conjugal violence’ will also be replaced by ‘domestic violence’, which will cover not only conjugal union, but also children born of such unions, registered partners and cohabitants. However, they will have to meet integration criteria within three years of being granted such a permit. Discussions are still currently ongoing.

4. Asylum

i.               Integration challenges for people with an "S" status

Unlike people fleeing other wars who are provisionally admitted (F permits), people with an "S" status, i.e. fleeing from the ongoing war in Ukraine, require an authorisation if they wish to be self-employed, start employment as an employee, or if they wish to change jobs. On March 13^th, 2024, the Parliament instructed the Federal Council to change the authorisation requirement to a simple notification requirement, to improve access to the labour market.

In parallel, the State Secretariat for Migration submitted a plan in the event of the "S" status being lifted. A departure deadline of 6 to 9 months is contemplated. However, exceptions should be made (e.g. apprentices to complete their apprenticeship; pupils and their families, to complete the school year; students, to complete their university year). Repatriation will be organised for those who allow the departure deadline to expire or refuse to leave Switzerland.

On November 1^st, 2023 the Federal Council announced that the "S" status would not be lifted before March 4^th, 2025.

ii.              Asylum procedures abroad

On February 28, 2024, the Parliament requested the Federal Council to prepare a report on the possibility of conducting asylum procedures abroad, including an analysis of the general conditions, possibilities and advantages and disadvantages of such externalisation. Developments on this topic will follow once the report is published.

5. Deportation

Dublin transfers to Croatia

The transfer of asylum seekers from Switzerland to Croatia is possible again despite the continuing pushbacks at the Croatian border. In a landmark decision of March 22^nd, 2023, the Swiss Federal Administrative Court ruled that pushbacks and violence against migrants were not sufficiently documented to constitute an obstacle to deportations to that country. In the most recent cases, the Court maintained its view that the State Secretariat for Migration correctly assesses the reception conditions in Croatia, which still do not constitute an obstacle to transfers to that country.

6. Citizenship

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