Ordinance of 22 May 2002 on the Free Movement of Persons between Switzerland and the European Union and its Member States, between Switzerland and the United Kingdom, as well as between the Member States of the European Free Trade Association (EFTA) - Purpose (VFP)

This ordinance regulates the free movement of persons in accordance with the provisions of the agreement on the free movement of persons and the provisions of the Convention establishing the EFTA, taking into account transitional regulations.

It also governs the free movement of persons in accordance with the provisions of the agreement on acquired rights.

Furthermore, it regulates the arrival declaration procedure for independent service providers who are covered by the agreement on the mobility of service providers.

This ordinance applies to nationals of the Member States of the European Union (EU nationals) and nationals of Norway, Iceland, and the Principality of Liechtenstein as nationals of the Member States of the European Free Trade Association (EFTA nationals).

It also applies to their family members who, regardless of their nationality, have, in accordance with the provisions on family reunification of the agreement on the free movement of persons or of the Convention establishing the EFTA, the authorization to reside in Switzerland.

It applies to individuals who, regardless of their nationality, are seconded by companies constituted in accordance with the legislation of one of the Member States of the European Union (EU) or the European Free Trade Association (EFTA) and having their statutory seat, central administration, or principal place of business in the territory of the EU or EFTA for the purpose of providing a service in Switzerland and who have previously been admitted in a sustainable manner to the regular labor market of one of the EU or EFTA Member States.

It also applies to nationals of the United Kingdom and their family members in accordance with the regulations provided by the agreement on acquired rights, with the exception of Articles 4, para. 3 bis, 8, 10 to 12, 14, para. 2, 21, 27, and 38.

The procedure for declaring arrival for services provided for up to 90 working days per calendar year mentioned in Art. 9, para. 1 bis, first and second sentences, and the sanctions provided in Art. 32 a, para. 1, also apply to independent service providers covered by the agreement on the mobility of service providers.

This ordinance does not apply to EU and EFTA nationals nor to their family members who fall under the scope of Art. 43, para. 1, let. a to d, 2, and 3 of the Ordinance of 24 October 2007 on Admission, Stay, and Gainful Employment (OASA).

Nationals of the EU and EFTA are granted a short-term residence permit EU/EFTA, a residence permit EU/EFTA, or a cross-border commuter permit EU/EFTA pursuant to the provisions of the agreement on the free movement of persons or the Convention establishing the EFTA.

Unless otherwise provided by federal law, short-term residence and residence permits EU/EFTA are valid throughout the entire Swiss territory.

The cross-border commuter permit EU/EFTA issued to nationals of the EU and EFTA is valid throughout the entire Swiss territory.

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Nationals of the EU and EFTA who engage in gainful employment in Switzerland that does not exceed a total of three months per calendar year do not require a short-term residence permit EU/EFTA.

EU and EFTA nationals, as well as their family members, receive an indefinite EU/EFTA settlement permit based on Art. 34 of the Federal Act on Foreign Nationals and Integration (FNA) and Arts. 60 to 63 of the Ordinance on Admission, Period of Stay, and Employment (OASA), as well as in accordance with the establishment agreements concluded by Switzerland.

EU and EFTA nationals, their family members, as well as service providers referred to in Art. 2, para. 3, who hold a permit under the Agreement on the Free Movement of Persons or the Convention Establishing the EFTA, are issued a permit for foreign nationals.

The permit for foreign nationals certifying the right of establishment EU/EFTA is issued for a control period of five years. Its holder must submit it to the competent authority for extension two weeks before the expiration of this period.

The issuance and presentation of permits for foreign nationals are governed by Art. 71 to 72 OASA.

Family members of a national of the EU or EFTA and service providers under Art. 2, para. 3, who are not nationals of an EU or EFTA member state, are subject to the visa requirements stipulated in Art. 8 and 9 of the Ordinance of August 15, 2018, on Entry and Issuance of Visas. The visa is granted to them if the conditions required for the issuance of a short-term residence permit or EU/EFTA residence permit under the agreement on the free movement of persons or under the Convention establishing the EFTA are fulfilled.

The arrival and authorization notification procedures are governed by Articles 10 to 15 of the FNIA and Articles 9, 10, 12, 13, 15, and 16 of the OASA.

In cases of employment on Swiss territory not exceeding three months per calendar year or services provided by an independent contractor for no more than 90 working days per calendar year, the arrival notification procedure (obligation to notify, process, elements, deadlines) in accordance with Article 6 of the Act of October 8, 1999, on Posted Workers and Article 6 of the Ordinance of May 21, 2003, on Posted Workers in Switzerland applies by analogy. The salary does not need to be reported. In the case of employment on Swiss territory not exceeding three months per calendar year, the notification must be made at the latest the day before the activity commences.

Article 6, paragraph 4, of the Act of October 8, 1999, on Posted Workers applies by analogy to the transmission of the notification to the cantonal tripartite commission and, if applicable, to the Joint Commission established by the collective labor agreement declared to be of mandatory force (Article 9, paragraph 1 bis, first sentence, FMPO).

Article 5 of the SYMIC Ordinance of April 12, 2006, governs the reporting of personal data by cantons and municipalities.

Cross-border commuters are required to report any change of employment to the competent authority at their place of work. The notification is made before starting the employment.

Cross-border commuters who reside in Switzerland during the week are required to register with the competent authority at their place of residence. Paragraph 1 applies by analogy.

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Liechtenstein citizens are not counted towards the maximum numbers.

Persons providing cross-border services under a services agreement concluded between Switzerland and the EU or between the EFTA Member States do not require a short-term EU/EFTA residence permit if their stay does not exceed 90 working days per calendar year. If the provision of services exceeds 90 working days, they must obtain a short-term or EU/EFTA residence permit for the duration of the service provision.

In the absence of an agreement on services, EU/EFTA nationals and service providers referred to in Art. 2, para. 3, do not need, for the provision of cross-border services, a short-term EU/EFTA residence permit, provided their stay does not exceed 90 working days per calendar year.

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In the absence of an agreement on services and insofar as the duration of the service provision exceeds 90 working days, a short-term or EU/EFTA residence permit, as defined in Art. 4, may be granted to nationals of the EU and EFTA and to persons referred to in Art. 2, para. 3, for the duration of the service provision.

Admission is governed by the provisions of the Foreign Nationals and Integration Act (LEI) and the Ordinance on Admission, Period of Stay, and Employment (OASA).

The financial means of EU and EFTA nationals, as well as their family members, shall be considered sufficient if they exceed the social assistance benefits that would be allocated based on the "Social Benefits: Concepts and Calculation Standards" guidelines (CSIAS guidelines) to a Swiss national, or potentially to the members of their family, following a request from the interested party and taking into account their personal situation.

The financial means of an EU or EFTA national entitled to a pension, as well as the members of their family, shall be considered sufficient if they exceed the amount entitling a Swiss national who requests it, or potentially the members of their family, to supplementary benefits under the Federal Act of 19 March 1965 on Supplementary Benefits to Old Age, Survivors, and Disability Insurance.

In cases of residence without gainful employment, the competent authorities may, when deemed necessary, request the revalidation of the EU/EFTA residence permit at the end of the first two years of residence.

Nationals of the EU and EFTA do not need a permit if they stay in Switzerland for less than three months to seek employment.

If job searching takes more than three months, they obtain a short-term EU/EFTA residence permit valid for three months per calendar year, provided they have the necessary financial means for their upkeep.

This permit can be extended for up to one year, provided they are able to demonstrate their job search efforts and there is a genuine prospect of engagement.

EU and EFTA nationals traveling to Switzerland to receive services do not require a permit if their stay does not exceed three months.

They are granted a short-term residence permit or an EU/EFTA residence permit if the provision of services lasts longer than three months.

If the conditions for admission without gainful employment are not fulfilled within the meaning of the agreement on the free movement of persons or within the meaning of the Convention establishing the EFTA, an EU/EFTA residence permit may be issued when important reasons so require.

Nationals of the EU, EFTA, or their family members who have the right to reside in Switzerland according to the Agreement on the Free Movement of Persons or the Convention establishing the EFTA, receive an EU/EFTA residence permit.

Short-term stay permits, residence permits, and cross-border permits EU/EFTA may be revoked or not extended if the conditions required for their issuance are no longer met.

Art. 63 of the Federal Act on Foreign Nationals and Integration (FNA) is applicable upon the issuance of an establishment permit EU/EFTA.

The removal measures decided by the competent authorities pursuant to Arts. 60 to 68 of the Foreign Nationals and Integration Act (FNIA) apply to the entire Swiss territory.

In the event of a change of canton, the new canton has jurisdiction with regard to removal measures.

The competent cantonal authorities issue the permits referred to in this ordinance.

The control by the State Secretariat for Migration (SEM) of the authorizations granted to nationals of the EU and EFTA is governed, by analogy, by Art. 99 LEI as well as by Arts. 83 and 85 OASA.

The SEM is competent to: a. approve the initial residence permits granted to EU and EFTA nationals who do not engage in gainful activity within the meaning of Art. 20, as well as their extension; b. monitor the permits in accordance with Art. 28.

Administrative sanctions are governed by Art. 122 of the Foreign Nationals and Integration Act (FNIA).

Whoever intentionally or negligently violates the notification obligations stipulated in Art. 9, para. 1 bis, shall be punished with a fine of up to 5000 francs.

Whoever intentionally or negligently violates the notification obligation stipulated in Art. 9, para. 3, shall be punished with a fine of up to 1000 francs.

The SEM monitors the enforcement of this ordinance.

The Ordinance of May 23, 2001, on the introduction of the free movement of persons is repealed.

The legislative acts mentioned below are amended as follows:...

Permits issued under current law remain valid until their expiration date.

The rights and obligations of the persons concerned are governed by the agreement on the free movement of persons or by the Convention establishing the EFTA.

The new law applies to proceedings pending at the time of the entry into force of this ordinance.

This Ordinance enters into force on 1 June 2002.