What this is about

A change of employment — termination of the existing employment relationship and starting a new position — does not have the same significance under immigration law for everyone in Switzerland. Three axes determine the situation:

  1. Nationality: EU/EFTA nationals are subject to the Agreement between the Swiss Confederation and the European Community on the Free Movement of Persons (Agreement on the Free Movement of Persons, AFMP, SR 0.142.112.681) and its Annex I; third-country nationals are subject to the Federal Act on Foreign Nationals and Integration (Federal Act on Foreign Nationals and Integration, FNIA, SR 142.20) and its implementing ordinance (Ordinance on Admission, Residence and Gainful Employment, OASA, SR 142.201).
  2. Permit type: B (residence), C (settlement), L (short-term), G (cross-border), Ci (residence with gainful employment for family members of international officials or for special constellations).
  3. Nature of the new activity: salaried gainful employment, self-employed gainful employment, change of industry/occupational field.

The combination of these three axes gives rise to very different obligations — from a mere notification to the cantonal migration office, through the ordinary permit requirement upon first admission, to the de facto inadmissibility of the change without a new application. It is important to distinguish between first admission (where priority for resident workers and salary conformity are examined on the merits) and the change of employment of a person already admitted (for which the law provides partly relaxed rules, in particular Art. 38 FNIA). This page describes the regulatory structure and does not replace a case-by-case clarification with the competent cantonal migration office.

1 — Change of employment under the AFMP (B, C, L, G EU/EFTA)

Persons of EU/EFTA nationality holding an AFMP permit (B EU/EFTA, C EU/EFTA, L EU/EFTA, G EU/EFTA) enjoy, by virtue of the Agreement on the Free Movement of Persons and its Annex I, free choice of employment in Switzerland. This means:

  • A change within the same occupational field is possible without a separate grant of permit.
  • A change across occupational fields is likewise possible without a separate grant of permit.
  • A change from the status of "employee" to that of "self-employed person" (or vice versa) does indeed alter the legal basis of the AFMP permit (from Art. 6 AFMP to Art. 12 AFMP, each of Annex I), but remains within the framework of free movement law.

Obligations upon a change of employment under the AFMP:

  • Notification of the new employer to the cantonal migration office or the competent residents' registration office. Registration of arrival is governed by Art. 10 OASA (registration of arrival in the case of residence subject to permit); the specific notification deadline for the change of employer is regulated at cantonal level — notification within a few days, or before starting the position, is frequently required. The applicable deadline is to be enquired about with the competent cantonal migration office.
  • Notify a change of domicile separately: in the case of a simultaneous change of domicile (another canton, another municipality), an additional deregistration/registration in the previous and the new municipality within the statutory deadline. Registration of arrival following a change of domicile is governed by Art. 15 OASA; a change of canton follows Art. 67 OASA. The exact municipal deadline (often 14 days, in some cantons shorter) is to be checked with the municipality of domicile.
  • Adaptation of the permit upon a change of substance: the change between salaried and self-employed gainful employment alters the basis under free movement law (from employee status under Art. 6 AFMP to self-employed status under Art. 12 AFMP, each of Annex I) and requires a formal adaptation. The cantonal migration authority issues a new or amended permit card.

A substantive examination of the employer or the position (comparable to the priority for resident workers under Art. 21 FNIA) does not take place upon a change of employment under the AFMP. The notification is not a constitutive permit procedure, but serves to update the right of residence — which already exists by virtue of the AFMP. To that extent, the residence title has declaratory effect (cf. Art. 2 AFMP, Annex I).

AFMP special constellation: unemployment after loss of employment

If an AFMP permit holder involuntarily loses their position before starting a new one, Art. 61a FNIA applies. According to the wording of the provision, the following applies in simplified terms:

  • For holders of a short-term permit (L EU/EFTA), the right of residence ends six months after the involuntary termination of the employment relationship (Art. 61a FNIA, para. 1).
  • For holders of a residence permit (B EU/EFTA), the right of residence likewise ends six months after the involuntary termination — but only if this occurs before the expiry of the first twelve months of residence (Art. 61a FNIA, para. 1). If the loss of employment occurs later, a longer protection period applies.
  • If the receipt of unemployment benefit continues beyond the six-month period, the right of residence ends only upon the expiry of that benefit (Art. 61a FNIA, para. 2).

The complete deadlines, transitional rules and interactions with the entitlement to unemployment insurance (UI) are dealt with in detail in the article Loss of employment and the residence permit — only a cross-reference is made here.

2 — Third-country B permit holders — change of employment and permit requirement

For third-country nationals holding a B permit, a careful distinction must be drawn between what is actually re-examined upon a change of employment and what was already examined upon first admission. The widespread notion that every change of employer automatically triggers a complete new examination of the priority for resident workers is, in this general form, inaccurate.

Legal basis of the change of employment — Art. 38 FNIA

The law regulates the mobility of persons already admitted autonomously in Art. 38 FNIA (gainful employment):

  • B permit holders (residence permit) who have been admitted to exercise gainful employment may pursue their activity throughout Switzerland and, according to the wording of the law, change positions without further permit (Art. 38 para. 2 FNIA). This liberalisation concerns the change of salaried gainful employment.
  • If a B permit holder admitted to salaried gainful employment wishes to switch to self-employed gainful employment, a permit is required for this; it is granted if the conditions of Art. 19 FNIA (let. a and b) are met (Art. 38 FNIA, para. 3).
  • L permit holders (short-term) may likewise pursue their activity throughout Switzerland, but may only obtain a change of employment where there are important reasons for it and the conditions under Art. 22 FNIA and Art. 23 FNIA are met (Art. 38 FNIA, para. 1) — see section 4.
  • C permit holders (settlement) may pursue both salaried and self-employed gainful employment without restriction throughout Switzerland (Art. 38 para. 4 FNIA) — see section 3.

Despite this liberalisation, every change of employment remains subject to the obligation to notify: the changed circumstances must be communicated to the authority (duty to cooperate and to notify, Art. 90 FNIA; registration of arrival under Art. 10 OASA). In cantonal practice, this notification is regularly made via the new employer, and the authority adapts the permit card. Whether, in an individual case, an approval is required beyond this depends on the nature of the change (change of purpose, of canton, of form of activity) and on cantonal practice; the specific requirement is to be enquired about with the competent cantonal migration office.

What first admission examines — admission to gainful employment (Art. 18 FNIA, Art. 21 FNIA, Art. 22 FNIA)

The substantive labour-market examination applies primarily upon admission to gainful employment (Art. 18 FNIA and the following provisions). Whoever knows this standard understands why a change of occupational field or a new admission is in practice treated more strictly than a mere change of employer within the same field of activity.

Art. 18 FNIA — admission to salaried gainful employment: third-country nationals are admitted if (a) the admission serves the overall economic interests of the country, (b) an application from the employer is on file and (c) the conditions set out in Art. 20 FNIA to Art. 25 FNIA are met.

Art. 21 FNIA — priority for resident workers (wording paraphrased): third-country nationals are admitted to the exercise of gainful employment only if it is demonstrated that no suitable resident workers or workers from an EU/EFTA state could be found for the position. The employer must document reasonable efforts at resident or EU/EFTA recruitment — typically:

  • advertising of the position with the competent regional employment office (RAV) for an appropriate period,
  • advertisements in the relevant job boards,
  • documentation of the applications received and of the reasons for their rejection.

The cantonal labour-market authorities or the competent cantonal department of economic affairs examine the priority for resident workers on the merits. The assessment is practice-dependent and may turn out to be more or less strict depending on the industry, occupational field and region.

Art. 22 FNIA — salary and working conditions: the salary and working conditions offered must be customary for the locality, occupation and industry. Reference is made to the minimum standards of the collective employment agreements (CBA), the standard employment contracts (SEC) as well as statistical salary comparisons (such as the salary calculator of the Federal Statistical Office). A salary that is not customary for the locality, occupation and industry precludes admission — even where the priority for resident workers is met.

Art. 33 FNIA — residence permit: regulates the B permit as a residence permit that is in principle limited in time (initial permit typically one year, with the possibility of extension) with the right to gainful employment. In the case of a purpose-bound admission (for example to a particular project), the authority may require that a material change of purpose be notified and, where applicable, authorised.

Procedure for changes subject to approval

Where the specific change triggers a procedure under cantonal practice (for example a change of purpose, a new admission, certain changes of occupational field), it typically proceeds as follows:

  1. Application to the cantonal migration office or the cantonal labour-market service; as a rule, the (new) employer submits the application. The form depends on the canton (online portal, paper application).
  2. Application documents: typically a job description, employment contract (draft), salary evidence, in the case of a new admission documentation of the priority for resident workers (RAV confirmation, advertisements, overview of applications) as well as evidence of qualifications.
  3. Substantive examination (as far as applicable): priority for resident workers and salary conformity by the cantonal labour-market service.
  4. Quota examination: for initial permits subject to quotas, availability within the annual maximum numbers under OASA Annex 1 and 2 must be examined. Whether a change of employment is relevant to quotas depends on whether it concerns a new admission or the change of a person already counted; the counting differs from canton to canton and is to be clarified with the competent migration office.
  5. Decision: in the case of a positive decision, the cantonal migration authority adapts the permit. In the case of a negative decision, the specific change may be inadmissible under immigration law.

Change of occupational field

If a third-country B permit holder changes not only the employer but also fundamentally the occupational field, the authority may treat this as a change relevant to admission and re-examine the conditions under Art. 18 FNIA and the following provisions (including the priority for resident workers under Art. 21 FNIA). The examination of qualifications is then also related to the new occupational field; missing or unrecognised qualifications may preclude approval. The extent to which a change of occupational field is still covered by the liberalised mobility under Art. 38 para. 2 FNIA is assessed by the competent authority on a case-by-case basis.

Maximum numbers / quotas

The annual maximum numbers for third-country permits are set out in OASA Annex 1 (residence permits, third countries) and OASA Annex 2 (short-term permit holders for the provision of services). They are set by the Federal Council and allocated between the cantons and the Confederation. If the quota is exhausted within a period, a permit subject to quota may be delayed, even where the priority for resident workers and salary conformity are met. The current quota situation and the specific maximum numbers are published by the State Secretariat for Migration (SEM) and are to be obtained there as well as from the competent cantonal migration office.

Duration of the procedure

The processing time of a change of employment subject to permit varies considerably depending on the canton, industry, complexity and quota situation. Binding, current processing times are stated — to the extent published — by the respective cantonal migration office; a flat-rate deadline cannot be quantified responsibly. Some cantons and their economic-promotion offices offer expedited processing for economically significant projects. Such procedures accelerate the formal processing, not the substantive examination — the priority for resident workers and salary conformity remain applicable unchanged. Which programmes exist in the respective canton is to be enquired about with the cantonal economic-promotion service or the migration office.

3 — C permit holders — change of employment without permit approval

The settlement permit C (Art. 34 FNIA) is unlimited in time and not tied to a particular employer, occupational field or activity. C permit holders may pursue both salaried and self-employed gainful employment throughout Switzerland (Art. 38 para. 4 FNIA). For them the following applies:

  • No approval under the law on foreign nationals upon a change of employer in the context of salaried gainful employment.
  • No examination of the priority for resident workers — the provision of Art. 21 FNIA does not apply to C permit holders.
  • No salary examination under Art. 22 FNIA as a condition of grant — the salary nevertheless remains subject to the CBA and employment-law minimum standards.

The following obligations remain:

  • Notify a change of domicile where the change of employment is connected with a change of domicile (cantonal notification obligation).
  • Upon a switch to self-employed activity: notification to the cantonal migration office as well as commercial registrations (commercial register, recognition as self-employed by the competent AHV compensation fund). The self-employed activity as such is not subject to permit under the law on foreign nationals for C permit holders, as long as the settlement permit exists (Art. 38 para. 4 FNIA) — for AFMP self-employed status (C EU/EFTA), the AFMP rules on self-employed gainful employment additionally apply (Art. 12 AFMP, Annex I).
  • Upon a change of canton of domicile: change of canton under Art. 67 OASA; the cantonal domicile is updated on the permit card. The C status remains in place.

4 — L permit holders — restricted change of employment

The short-term permit L (Art. 32 FNIA) is purpose-bound and, as a rule, issued for a specific position with a specific employer, limited in time (initial permit typically up to one year, with limited possibility of extension). The change of employment is, for L permit holders, regulated more restrictively than for B permit holders:

  • General standard (Art. 38 para. 1 FNIA): L permit holders may indeed pursue their activity throughout Switzerland, but may only obtain a change of employment where important reasons speak in favour of it and the conditions under Art. 22 FNIA and Art. 23 FNIA (salary and working conditions, personal requirements) are met.
  • Concretisation in the ordinance (Art. 55 OASA): holders of a short-term permit may be authorised to change employment within the same industry and the same occupation where they cannot continue their activity with the previous employer or this cannot reasonably be required of them, and the change is not attributable to their conduct.
  • For third-country L: a change beyond the industry or the occupation generally requires a renewed admission examination (priority for resident workers, salary conformity, quota availability) — de facto a new grant.
  • For AFMP L (EU/EFTA nationals): the change is admissible within the framework of AFMP free movement; it is often associated with a change of status to B EU/EFTA where the new position is for an indefinite term or concluded for at least one year.

Short-term gainful employment / notification procedure: for certain short-term assignments of posted EU/EFTA workers or those exercising short-term gainful employment, the simplified online notification procedure (handled via the Confederation's EasyGov portal) applies instead of a permit procedure. For certain industries with an increased risk of abuse (such as the main and ancillary construction trades, the hospitality sector, cleaning, security), partly tightened requirements apply. The applicable threshold values, daily quotas and industry exceptions are published by the SEM or via the EasyGov portal and are to be obtained there.

5 — Switch to self-employed gainful employment

The switch from salaried gainful employment to self-employed gainful employment is regulated autonomously under the law on foreign nationals:

  • Third-country B (Art. 38 FNIA, para. 3, in conjunction with Art. 19 FNIA): a B permit holder admitted to salaried gainful employment may obtain a permit for self-employed gainful employment if the conditions of Art. 19 FNIA (let. a and b) are met, namely (a) the admission serves the overall economic interests of the country and (b) the financial and operational requirements of the business are met. The cantonal migration authority regularly examines a business plan, obtains opinions from the cantonal economic-promotion service where appropriate, and issues an adapted permit. The threshold is high — a mere commencement of gainful employment is generally not sufficient.
  • AFMP status (B, C, L EU/EFTA): switch to self-employed activity under Art. 12 AFMP (Annex I). The condition is the actual commencement of the self-employed activity and proof of economic viability (typically initial business records, commercial register entry, recognition as self-employed by the AHV compensation fund). The permit is converted to AFMP self-employed status.
  • C permit holders (third country): self-employed activity is admissible without a renewed substantive admission examination, as long as the settlement permit exists (Art. 38 FNIA, para. 4). Registrations with the commercial register, the AHV compensation fund and the cantonal migration office must nevertheless be carried out.

6 — Loss of job without immediate change — unemployment

If unemployment arises between the termination of the existing position and the start of a new position, the constellation is no longer a pure change of employment, but touches the complexes of norms surrounding unemployment, entitlement to unemployment insurance (UI) and loss of residence. The article Loss of employment and the residence permit deals with this set of facts autonomously — in particular the effect of Art. 61a FNIA (lapse of the AFMP right of residence in the case of prolonged involuntary unemployment) and Art. 62 FNIA (revocation of the residence permit, which may, among other things, attach to substantial and lasting receipt of social assistance).

7 — Brexit constellation: Ci permit for nationals of the United Kingdom

Nationals of the United Kingdom who established their residence in Switzerland before the cut-off date of the Withdrawal Agreement (Brexit) fall under the agreement on citizens' rights (UK Citizens' Rights Agreement, in force since 01.01.2021). They hold a special Ci permit which, in relation to gainful employment, guarantees AFMP-like free movement:

  • Change of employment without examination of the priority for resident workers (no application of Art. 21 FNIA).
  • Notification of the change of position or of employer to the cantonal migration office in accordance with the registration of arrival under Art. 10 OASA and the general duty to cooperate (Art. 90 FNIA); the applicable deadline is regulated at cantonal level.
  • Switch to self-employed activity admissible according to an AFMP-like scheme.

British nationals who take up residence in Switzerland for the first time or commence gainful employment after the cut-off date are, by contrast, treated as third-country nationals and are subject to the FNIA third-country rules (Art. 18 FNIA, Art. 21 FNIA, Art. 22 FNIA and Art. 33 FNIA; quotas under OASA Annex 1).

The article UK Citizens' Rights Agreement — acquired rights and permit regime deals with the special regime in detail.

8 — Cross-border commuters (G permit)

Persons holding a G permit (cross-border commuters) reside in the neighbouring country abroad and work in Switzerland. A change of employment:

  • G EU/EFTA: under the AFMP, free choice of employment throughout Switzerland (Art. 7 AFMP, Annex I — salaried cross-border commuters); notification of the new employer to the competent cantonal migration office in accordance with the cantonal deadline.
  • G third country (rare, primarily in border regions with special conditions): change of employment subject to permit under the FNIA third-country rules (priority for resident workers under Art. 21 FNIA, salary conformity under Art. 22 FNIA).

More on this in the article G permit — cross-border commuter permit.

9 — Relationship to revocation and lapse (Art. 61a FNIA and Art. 62 FNIA)

A change of employment — even a frequent one — is not as such a ground for revocation. The grounds for revocation are described exhaustively in Art. 62 FNIA; they attach to qualified grounds and not to the change of employer. Points of contact with a change of employment can at most arise indirectly:

  • False information in the permit procedure: if, in a permit or notification procedure — for example regarding the position, the employer or the salary — material facts are concealed or stated inaccurately, this may constitute a ground for revocation under Art. 62 FNIA.
  • Breach of the duty to cooperate and to notify (Art. 90 FNIA): if a change of employment subject to the obligation to notify is not notified to the authority, this breaches the statutory duty to cooperate and may entail consequences under the law on foreign nationals.
  • Dependence on social assistance: substantial and lasting receipt of social assistance may become relevant under Art. 62 FNIA for certain permit types. Temporary debts, debt-enforcement proceedings or tax arrears, by contrast, do not lead directly to revocation; they may at most play an indirect role through the assessment of integration. The exact scope is to be assessed on a case-by-case basis and according to cantonal practice.

See the article Revocation of the residence or settlement permit (Art. 62 and 63 FNIA) for the revocation complexes of norms and the FNIA and OASA glossary of terms for the definitions.

10 — Tax implications (briefly, without advice)

A change of employment regularly has tax consequences, in particular:

  • Withholding-tax accounting: foreign workers without a settlement permit (C) are in principle subject to withholding taxation on their employment income. Withholding tax is a tax levied at cantonal level; the tariff and the procedure are governed by the law of the canton with tax jurisdiction. Upon a change of employment, the new employer is obliged to account for the withholding tax from the start of the position according to the determinative cantonal tariff. Whether and in which cases a subsequent ordinary assessment takes place or can be requested is governed by the relevant thresholds and the cantonal procedure; binding information is provided by the cantonal tax administration.
  • Change of canton: in the case of a simultaneous change of domicile to another canton, the cantonal tax sovereignty changes; the allocation of the tax period is governed by intercantonal tax law. Binding information is provided by the cantonal tax administration of the new domicile.

Anti-scope: SIP-v3 is not tax advice. Specific questions concerning withholding tax, applications for subsequent ordinary assessment, tariff corrections and cantonal procedural questions are a matter for the cantonal tax administration or a tax adviser. General cantonal information can be found on the cantonal detail pages.

11 — Social-insurance implications (briefly)

  • AHV/IV/EO: the obligation to contribute continues without a gap upon a change of employment — the new employer registers the person with its compensation fund from the start of the position. In the case of a gap between positions (unemployment), the UI registration becomes relevant.
  • Occupational pension (BVG / Pillar 2): upon every change of employment, the vested-benefits assets of the previous pension fund are to be transferred to the new pension fund. In the case of a gap without a subsequent employment, the assets are parked in a vested-benefits account or a vested-benefits policy.
  • Health insurance (KVG): the KVG obligation continues regardless of the employer — it is person-related, not employer-related.
  • Accident insurance (UVG): the new employer registers the person with its UVG insurer upon the start of the position; in the case of a gap, insurance cover from the previous relationship continues for a maximum of 31 days, after which optional continuation insurance applies.

12 — Practical constellations

Starting the position and prior permit

Art. 11 FNIA in principle requires a permit for taking up gainful employment in Switzerland; this is to be obtained from the competent authority of the intended place of work. From this it follows for practice:

  • Where a specific change triggers a permit or approval procedure (for example in the case of a new admission, change of purpose or switch to self-employed activity), the person should only take up the new position once the competent cantonal migration authority has decided. Taking up a position without the required permit is problematic under employment law and the law on foreign nationals and can lead to disadvantages both for the employer (fines, possibly criminal consequences) and for the person (consequences under the law on foreign nationals).
  • For B permit holders who, under Art. 38 para. 2 FNIA, may change positions without further permit, the duty to notify and cooperate (Art. 90 FNIA) must nevertheless be observed and the authority informed of the changed circumstances. Whether, in an individual case, an official confirmation must be awaited before taking up the position is clarified by the competent cantonal migration office.
  • AFMP permit holders may take up the new position within the framework of free movement; the change of employer is to be notified to the competent cantonal migration office in accordance with the cantonal deadline.

Resign first, then apply — or the other way round?

The question whether the existing position should be terminated before or only after submitting the application for the new position is highly dependent on the individual case and concerns employment-law, immigration-law and personal-financial risks simultaneously.

Anti-scope: SIP-v3 gives no recommendation on the timing between resignation and submission of the application. This decision is canton-specific (processing time), employer-specific (notice periods) and person-specific (risk tolerance). In case of uncertainty, the competent cantonal migration authority is to be contacted or a lawyer engaged.

Change within a group / internal transfer

In the case of an internal transfer within the same employer (same legal person, new function), a complete admission examination is regularly not necessary; an adaptation of the permit may, however, become necessary if the occupational field, the canton or the form of activity change substantially. In the case of a change between different Swiss legal entities of the same group (for example between subsidiaries), by contrast, there is a change of employer, which triggers the ordinary rules depending on the constellation. The specific treatment is to be clarified on a case-by-case basis with the competent cantonal migration office.

13 — Cantonal responsibilities

The substantive law (FNIA, OASA, AFMP) is uniform nationwide; procedures, forms, processing workflows and certain margins of discretion, however, lie with the cantons. Both the strictness of the examination of the priority for resident workers and salary conformity, and the processing workflows, may therefore differ between the cantons. Decisive is always the practice of the canton competent for the place of work.

For the cantons considered in this file (ZH, BE, VD, GE, BS, TI), the competent authority, the application routes and any expedited procedures are found on the cantonal detail pages for Canton of Zurich, Canton of Bern, Canton of Vaud, Canton of Geneva, Canton of Basel-Stadt and Canton of Ticino as well as bindingly on the website of the respective cantonal migration office. This page deliberately makes no comparative assessment of the cantons.

What SIP does not provide (anti-scope)

  • No strategic advice on circumventing or optimising the priority for resident workers. The provision of Art. 21 FNIA is part of the legal order and is examined on the merits by the cantonal labour-market authority.
  • No recommendation on the timing between resignation and submission of the application (see above).
  • No tax advice on withholding-tax accounting, cantonal tariff choice or subsequent applications.
  • No assessment of individual job prospects in the new occupational field or where quotas are tight.
  • No representation before the migration authority, the labour-market authority or the tax administration.
  • No employment-law advice on the notice period, the content of an interim reference or a non-competition clause.

SIP-v3 explains the legal situation in general terms and provides no legal advice tailored to the individual case and no representation by a lawyer within the meaning of the Federal Act on the Freedom of Movement of Lawyers (Lawyers Act, LLCA, SR 935.61). For a binding assessment of the specific individual case, a lawyer entered in the cantonal bar register or the competent authority is to be engaged.

Cross-references