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14<br />

4.2 Citizens of non-EU/EFTA nations<br />

4.2.1 Work- and residence permit<br />

Since entry into effect of the bilateral treaties between the EU and Switzerland and their<br />

validity for the EFTA, citizens of those areas are given priority treatment. The number of<br />

permits for citizens of other nations is strictly limited (under quotas). In the case of<br />

people who enter Switzerland for the first time on an annual or short-term permit to<br />

pursue an occupation for gain, the Department of Economics and Employment (KWA)<br />

checks whether the preconditions for performing the occupation are fulfilled. On the<br />

basis of their decision, the Department for Matters Regarding Foreigners (KAFA) then<br />

issues a residence permit.<br />

4.2.1.1 Short-term residence permit (up to max. 4 months or 120 days per year)<br />

Form K2 The following preconditions must be fulfilled for the granting of a short-term residence<br />

permit:<br />

• A signed, binding employment contract must be available. That governs the period of<br />

the residence permit.<br />

• The foreigner may not replace another person on a short-term permit within the<br />

same organisation (rotation).<br />

• The number of foreigners employed short-term may only exceed one quarter of the<br />

entire workforce in an organisation in justified, exceptional cases.<br />

4.2.1.2 Short-term residence permit (4 to 12 months)<br />

Form B2 The following preconditions must be fulfilled for the granting of a short-term residence<br />

permit (4 to 12 months):<br />

• A signed, binding employment contract for more than 4 months must be available.<br />

That governs the duration of the residence permit.<br />

• The reason for the application must be submitted in writing.<br />

• The qualified education or special know-how of the new employee must be proven.<br />

• The permit can only be extended once and for a further period of 12 months in<br />

exceptional cases if the occupation for gain remains with the same employer.<br />

4.2.1.3 Residence permit<br />

Permit «B» The following preconditions must be fulfilled for the granting of a residence permit of one<br />

Form B2 year or more:<br />

• A signed, binding employment contract with a duration of more than one year must be<br />

available. That governs the duration of the residence permit.<br />

• The reason for the application must be submitted in writing and proof must be provided<br />

by the employer that it was impossible to find a suitable employee in Switzerland and<br />

of the necessity to employ a foreigner who is not an EU/EFTA citizen.<br />

• The qualified education or special know-how or a transfer of management within inter<br />

national groups of companies must be proven.<br />

• There must be chances of long-term integration.

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