Applying for a L or B permit for an employee in Switzerland starts at cantonal immigration and employment authorities in charge of examining each application according to the law on Foreigners and Integration (LEI) or the agreement on the freedom of movement of people (ALCP).
For non-EU citizens, once cantonal authorities have assessed and approved the application, it is sent to the SEM (Secrétariat d’Etat aux Migrations) in Bern to be examined on a federal level for the final decision.
The type of permit delivered (L or B) covers the length of the work contract submitted. An L permit can be valid up to 1 year and can be renewed once. The B EU permit is usually delivered for 5 years.
Quotas are applied for non-EU workers. Only skilled highly qualified staff can be hired from a non-EU country (including the UK).
European citizens from a member country of the European Free Trade Association (EFTA) are allowed to come to Switzerland and look for a job for a period of 3 months without holding an authorization. However, they must declare their arrival to authorities within 14 days. If their work contract is temporary and for less than a year, they will be granted an L permit (short-term). This can be renewed once for a maximum of one year. If the contract goes over a year or has an indefinite term, you they will be granted a B permit for five years. It can then be renewed for five years.
For non-European citizens seeking a work permit, things are more complex as explained in our article “Non EU/EFTA citizens: applying for a work permit”. They must find a job from their country of residence and secure a position before coming to Switzerland.
The employer must apply for the employee’s permit, after having proved that no one else on the European and Swiss job market matches the advertised position (art. 21 LEI). The employee must wait until the application has been approved before being allowed to travel to Switzerland to start working. The process can take up to 6 months. The application is evaluated by cantonal work authorities before being sent to the SEM in Bern for a final decision. An L permit can be granted for a maximum of one year and renewed for a year. A B permit is initially granted for a year and can then be renewed for two years at a time.
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This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.