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WORK PERMITS

Why Switzerland doesn’t hand out all available work permits for non-EU nationals

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 doesn't hand out all available work permits for non-EU nationals
Why are Swiss work permit quotas for non-EU nationals not filled? Photo by vale on Unsplash

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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WORKING IN SWITZERLAND

Famous Indian restaurant can’t open in Zurich after chefs denied permits

The first Saravanaa Bhavan, a famous Indian restaurant brand, wants to open its doors in Zurich. But the opening is delayed by an administrative glitch — no visas for the chefs.

Famous Indian restaurant can't open in Zurich after chefs denied permits

Anitha Sivakumar and Sarankan Ravendran, originally from Sri Lanka but longtime residents of Switzerland, are set to open the country’s first sudsidiary of a famed Indian restaurant, Saravanaa Bhavan, which already has popular outlets in Paris, Berlin, Amsterdam and Rome.

However, the May opening is being delayed by a problem faced by many other people from outside the EU / EFTA (Norway, Iceland, or Liechtenstein), who want to work in Switzerland: denial of entry visas for their five chefs from India.

The Zurich Office for Economic Affairs and Labour, which is responsible for handing out permits, refused visa applications for the chefs, as India is a a third country.

It explained its decision by the “absence of economic interest [for Switzerland] in hiring the chefs,” and  suggesting that the priority should be given to Swiss or EU workers.

This is a usual requirement for workers from outside the EU / EFTA: that their presence in Switzerland be beneficial to the economy, and that no local workforce can be found for the job. 

However, the owners argue that hiring local staff wouldn’t work because only Indian chefs “know the secret recipes.”

The couple filed an appeal against the decision, pointing out that “our cooks have expertise that simply does not exist in Switzerland; it is a very different cuisine, based on old recipes from South India.”

What if the Economic Office rejects the appeal?

“We don’t have a plan B,” Sivakumar said.

“We have already invested a large amount, six figures, in this matter, from the rents to the lawyer’s fees for this dispute, including the transformation work,” she added.

Just the special kitchen utensils or the Tandoori oven would have cost more than 30,000 francs, as some had to be imported from England.

She also questions the distribution of permits for people from third countries.

“Why should only pharmaceutical engineers and scientists receive these visas?”

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