Since January 2008, when the new law on foreigners came into effect, the ability of non-European Union (EU) and non-European Free Trade Association (EFTA) citizens to live and work in Switzerland has become even more restricted and requires the fulfillment of a number of strict conditions. Indeed, Switzerland is assuming that it can find the labour force it needs domestically and in neighbouring countries belonging to the EU and EFTA.

The conditions for foreigners to be able to enter, live and work in Switzerland vary, depending on the nationality of the applicant. Here are the regimes that now apply:

Regarding the citizens of EFTA, of the fifteen original States of the EU as well as Cyprus and Malta (collectively, the "EU-17"), freedom of movement is total as of June 1st, 2007, even if it is still subject to certain requirements.

• Regarding the citizens of EU Member States having joined the EU in 2004 -- with the exception of Cyprus and Malta -- (collectively the "EU-8"), freedom of movement has been introduced gradually since 2006. A transitory regime is still in effect for these citizens, in that they remain subject to the same conditions as citizens of other non-EU countries until April 30th, 2011 (priority is given to local employees, there is a general control on wages and work conditions, as well as a quota system). Their access to the Swiss labour market is thus limited at first.
• Regarding the citizens of Romania and Bulgaria (the "EU-2"), a temporary regime maintaining restrictions on their access to the Swiss labour market will remain in effect for citizens from these two EU Member States until at least May 31st, 2011 and possibly until May 31st, 2016.
• Regarding the citizens of all other States, a restrictive system of authorizations in favour of a specialized and qualified labour force is in place. However, certain things have been made easier, in particular relating to the allocation of work permits to executives from such other States who are expatriated to Switzerland by a foreign parent company.

The particular case of the posting of an employee in Switzerland by an employer that is headquartered abroad requires specific attention. The employer has to respect certain minimal work and wage conditions, as well as submit to a control (minimum wages, duration of work and time off, minimum length of holidays, safety, health, hygiene, etc.). However, the procedure is made easier for citizens of the EU-17 States who are only staying in Switzerland for 90 days or less, as well as, in certain cases, for EU-8 citizens and EU-2 States (announcement via Internet).

At last, we would like to point out that, on December 12th, 2008, Switzerland joined the Schengen area. Since then, any person living in a State that is a member of the Schengen Treaty and who has a residence permit for that area can now travel without a visa throughout the Schengen area. Regarding citizens living in non-Schengen States who are staying in the area for a short period of time, a visa now allows them to travel freely in Switzerland and in the rest of the Schengen area. However, a Swiss national visa remains necessary for any stay lasting longer than three months.

These recent changes in Swiss law require that the federal and cantonal authorities who are competent in the area of employment and foreigners develop adapted procedures corresponding to the nationality and status of the foreigners affected.

Our firm is very experienced in obtaining permits and understands the work practices of these Swiss authorities. We are thus able to provide you with practical and sensible advice.

Our activities include providing legal advices and services in this field, as well as representing applicants before the cantonal and federal authorities, notably in the following areas:

• obtaining a residence permit for a salaried or independent business person (including the creation of companies);
• obtaining a residence permit linked to giving up a salaried or business activity accompanied by a possible flat tax rate;
• obtaining a permanent foreigner residence permit (a C permit), and if possible an early one;
• obtaining a family grouping;
• arranging the temporary posting of a foreign employee in Switzerland;
• acquisition of residential property in Switzerland;
• advising on and obtaining customs clearances for movable property or vehicles;
• advising on employment law and drafting of employment contracts;
• advising on social insurance law issues in relation to immigration into Switzerland;
• advising providers of transborder services;
• naturalization.