Other residence permits and naturalisation

Founding or practising in Switzerland: demonstrating the project's economic interest

For a national of a third country, self-employment is admitted only if it serves the Swiss economy. We build the case with the founder and with the company that hosts them.

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For whom

The founder and the company that hosts them

The foreign founder

You are setting up a company in Switzerland or practising on your own account. Depending on your nationality, the authority examines the economic interest of your project (third countries) or proof of your activity (EU/EFTA).

The company, its board and its investors

You host a foreign founder, partner or executive. Their real role in the company determines whether the activity is self-employed or salaried: we establish that point before anything is filed.

The requirements of the law

A project useful to the economy

The cantonal authority examines the file; its preliminary decision is then subject to the approval of the SEM.

The national of a third country

Any foreign national who intends to carry on gainful activity, salaried or self-employed, must hold a permit (Art. 11 FNIA). Self-employment is admitted if admission serves the country's economic interests, if the financial requirements and the operating requirements of the business are met, if the person has a sufficient and independent source of income, and if the requirements of Art. 20 and 23 to 25 FNIA are met (Art. 19 FNIA). The maximum numbers of Art. 20 therefore apply.

According to the FNIA Directives (no. 4.7.2.1), the labour market benefits from the establishment where the business helps diversify the regional economy, creates or secures jobs for the local workforce, makes substantial investments and generates new contracts. For a start-up, the capacity for innovation and the application of university research may also be taken into account.

In a first phase the permit is issued for two years; its extension depends on the business plan being carried out (no. 4.7.2.2). Preliminary cantonal decisions are subject to SEM approval (no. 4.7.2.1).

Source: FNIA (SR 142.20), Art. 11, 19, 20 and 23; FNIA Directives, no. 4.7.2, Fedlex and SEM

Self-employed or salaried?

A point the company must settle before filing

In immigration law, independence depends neither on the title, nor on the contract, nor on the form of the company.

Our work

What we do for you

Characterisation of the activity: self-employed or salaried, in light of the founder's real role
Review of the personal and financial requirements
Drafting of the case on the project's interest for the Swiss economy
Coordination with the business plan and the company's documents, prepared by your advisers
Filing with the cantonal authority and replies to its requests for further information
Follow-up until the decision, federal phase included

The documents

What generally needs to be gathered

The founder's passport, curriculum vitae and qualifications
Operating plan: activities, financing, market analysis, staffing, investments, turnover
Articles of association and commercial register extract, in principle
Financial commitments of investors and links with other companies
Proof of the source of income and of housing

According to the FNIA Directives, start-ups in a cantonal or federal support programme may submit their articles of association within three months.

Fees

A flat fee per file

Self-employed and company founders

CHF 3,000 to CHF 5,000

flat fee per file

The permit to carry on a self-employed activity or to found a company in Switzerland, with the economic case the authority expects.

Review of personal and financial conditions
Drafting of the case for the project's benefit to the Swiss economy
Coordination with the business plan and company documents
Filing and follow-up until the decision, including the federal stage

The business plan and accounting documents remain the work of your advisers; we check how they fit the application.

See the service

Indicative amounts, excluding VAT (Swiss standard rate of 8.1% since 1 January 2024). They are confirmed in writing before any engagement, on the basis of the actual file. For an employer established abroad, the service is deemed to be supplied abroad within the meaning of art. 8 para. 1 LTVA and the invoice is issued without VAT. For a private individual domiciled abroad, the VAT treatment is specified in the proposal.

All the amounts for this section appear on the Fees page.

Limits of the engagement

The decision rests with the authorities

The first step

A business project to put before the authority

Describe the founder, the company and the project.

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