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SWITZERLAND – Free Movement Agreement Extended to Croatians

On 16 December 2016, the Swiss government ratified Protocol III, extending the Agreement on the Free Movement of Persons) to Croatia from 1 January 2017. This means that Croatians are entitled to work in Switzerland under transitional provisions, similar to nationals of the EU-8 countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) and EU-2 (Bulgaria, Romania) previously.

Transitional Arrangements

Quotas

There are specific quotas for Croatian nationals wishing to live and work in Switzerland. For the first year (until 31 December 2017) quotas of 543 L permits and 54 B permits have been determined.

Local Hires

To hire a Croatian national on a local employment contract, a Swiss-based company must still apply for a work permit and show that prior search efforts in Switzerland to fill the post have been unsuccessful. This also applies to short term local employment under three months. Online registration is not available for this kind of employment.

This transitional phase will last until 31 December 2023. After this the free movement of persons should apply, whereby the Swiss government can make use of a safety clause to regulate immigration if determined to be excessive. After 31 December 2026, the full freedom of movement should apply to Croatian nationals, as it already does for older EU member states.

Assignees

Croatian nationals who are assigned from Croatia to Switzerland for working stays up to 90 days per calendar year should be registered online. The procedure is limited to services provided in the general service branches. Notifications need to be made eight days before the first day of work.

During the transitional period, any Croatian provider of services in the following categories need to be in possession of a work permit from the first day of work:

  • Structural and secondary contract work;
  • Gardening and landscaping;
  • Cleaning work in companies;
  • Security services.

Do note that the online registration system is not yet in operation. Until this is the case (likely in March 2017), the registration can be effected by submission of specific registration forms.

Assignments over 90 days will require work permit approval, as for other EU/EFTA nationals on assignment.

Stays of over 120 days will require a permit quota from the quotas reserved for EU/EFTA nationals on assignment.

Action Items

  • Companies intending to hire or assign Croatian nationals in Switzerland should follow the new transitional arrangements as set out above.

This alert was prepared using information provided by Sgier und Partner.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.