Ordinance on Competencies in Foreigners Law (VZA) (VZA)

9 1 The Migration Office is responsible for the enforcement of the AIG³,

Authority

unless otherwise provided by law and ordinance.

2 The Office for Economic Affairs (AWI)¹¹ issues preliminary labour

market decisions within the meaning of Art. 40 para. 2 AIG³.¹⁰

3 Deviations from the competence of the AWI¹¹ are set out in the

Annex.

1 OS 66, 822; for reasoning, see ABI 2011, 2826.

2 Entry into force: December 1, 2011.

3 SR 142.20.

4 SR 142.201.

5 Obsolete.

6 SR 142.31.

7 Version according to Government Council Resolution of December 14, 2016 (OS 72, 100; ABI 2016-12-23). In force since April 1, 2017.

8 Inserted by Government Council Resolution of November 1, 2017 (OS 73, 12; ABI 2017-11-10). In force since February 1, 2018.

9 Version according to Government Council Resolution of November 28, 2018 (OS 73, 525; ABI 2018-12-07). In force since January 1, 2019.

10 Version according to Government Council Resolution of February 9, 2022 (OS 77, 135; ABI 2022-02-18). In force since January 1, 2022.

11 Version according to Government Council Resolution of December 12, 2023 (OS 78, 546; ABI 2023-12-15). In force since January 1, 2024.

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142.20 Ordinance on Competences in Foreigners' Law (VZA)

Annex

Division of tasks between the Office for Economic Affairs and the Migration Office

A. The Migration Office is also responsible for labour market assessments in the following cases:⁷, ¹⁰

1. for EU or EFTA nationals

a. the issuance and extension of short-term residence permits EU/EFTA (from 91 days up to 364 consecutive days) for the purpose of taking up dependent employment,

b. the issuance and extension of residence permits EU/EFTA for the purpose of taking up dependent or self-employed activity,

c. the issuance and extension of cross-border commuter permits EU/EFTA,

d. employment of pupils and students.

2. for third-country nationals

a. the extension of residence permits based on a preliminary labour market decision for the purpose of self-employed and dependent activity,

b. the issuance of work permits to artists and musicians based on Art. 19 para. 4 lit. b VZAE,

c. the issuance of work permits to doctoral candidates, post-doctoral researchers, academic guests, and for sabbatical leaves based on Art. 40 VZAE.

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Ordinance on Competences in Foreigners' Law (VZA)

B. The Office for Economic Affairs¹ is responsible for⁹, ¹⁰

142.20

1. the notification procedure for posted employees, self-employed

service providers, and employees with short-term employment with

Swiss employers for up to three months or 90 working days per

calendar year,

2. the issuance of work permits to EU/EFTA service providers who

intend to be employed in Switzerland for more than 90 working days

(Art. 19a and 20a VZAE),

3. the notification procedure for recognised and provisionally admitted

refugees, as well as provisionally admitted persons (Art. 61 Asylum

Act and Art. 85a AIG),

4. the issuance of work permits to third-country nationals,

5. the revocation or amendment of labour market conditions (e.g.,

time limits),

6. matters concerning the number of quotas and their provision in the

Canton of Zurich,

7. the implementation of measures and sanctions under Art. 122 AIG.

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