From application to permit

1. 01 You

   You identify the need and the candidate

   The position is defined, the profile sought is clear and a candidate has emerged. This is the starting point of any procedure.

2. 02 The firm

   Feasibility assessment

   We examine the legal requirements applicable to the position and the candidate, and we indicate the strengths and weak points of the file.

3. 03 You and the firm

   Building the file

   We gather the documents, in particular the proof of the searches carried out on the Swiss and EU/EFTA markets. Under article 21 FNIA, the employer must demonstrate that the staff sought cannot be recruited on the Swiss market or on that of the EU/EFTA member states.

   art. 21 FNIA

4. 04 The firm

   Filing with the cantonal authority

   The complete file is submitted to the competent cantonal labour market authority of the canton where the position is located.

5. 05 The cantonal authority

   The canton examines the file and decides

   The canton rules on the application in the light of the legal requirements and the state of the local labour market.

6. 06 The SEM

   Federal approval, where required

   For certain categories of workers and certain types of applications, the cantonal preliminary decision is subject to the approval of the State Secretariat for Migration (SEM). Where this approval is required, the SEM carries out its own review of the admission requirements before issuing its decision.

   art. 99 FNIA and art. 85 ASEO

7. 07 The cantonal residence permit authority

   Issue of the residence document

   Once the work permit has been obtained, the competent cantonal authority issues the residence document that allows the employee to begin work.

Timescales vary with the canton and the complexity of the file. The federal approval stage adds another, where it is required. No timescale is published here.

In occupation categories where the unemployment rate reaches at least 5%, the employer must register vacant positions with the public employment service before any other publication, during a restricted publication period of five working days. The employer then invites candidates whose profile matches and reports back on the outcome.

This requirement is distinct from the priority of the domestic workforce set out in art. 21 FNIA, which requires demonstrating that no worker in Switzerland and no national of a state covered by the free movement of persons matched the position. The two procedures overlap, but they rest on different legal bases and leave distinct traces in the file.