How could Switzerland’s new treaties with the EU impact immigration?

According to the government, the AFMP, which went into effect in June 2002, “lifts restrictions on EU citizens wishing to live or work in Switzerland. The right of free movement is complemented by the mutual recognition of professional qualifications, by the right to buy property, and by the coordination of social insurance systems.”

This agreement has been the backbone of Switzerland’s immigration policy for over two decades (a similar pact exists between Bern and Norway, Iceland, and Liechtenstein – EFTA). 

But what changes to the AFMP are included in the new treaty?

Overall, it paves the way to its expansion, Vincenzo Mascioli, head of the State Secretariat for Migration (SEM), said in an interview with NZZ newspaper.

In concrete terms, this is what lies ahead:

Immigration tied to employment

Contrary to the case within the European Union, immigration to Switzerland remains tied to the labour market.

EU citizens will be able to enter and remain in Switzerland only with a signed employment contract.

Those arriving without a job will only be entitled to three months’ stay, but will not receive a residence permit or social benefits.

Also, EU nationals who lose their job within the first year will be eligible for temporary assistance, but their residence right be lost after six months.

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New ‘permanent residency’ status

The real change lies in the right to long-term residence.

To that end, Switzerland will introduce a new status called “permanent residence” for EU immigrants.

Essentially, those who have worked legally in the country for five consecutive years will be able to remain here without restrictions.

However, EU nationals who receive social aid for six months or more will extend this period accordingly.

Conversely, those receiving unemployment benefits will not be penalised, as they are still considered “active participants” in the labour market – provided they are searching for employment.

According to Mascioli, this change will be particularly advantageous for citizens from Eastern Europe, who currently can only apply for permanent residence after 10 years.

Furthermore, the permanent residence status will no longer have welfare restrictions – after 10 years of residence, recourse to social assistance will no longer be a reason to revoke the C permit (though current welfare-relating rules will remain in place for naturalisation).

READ ALSO: Can I still get Swiss citizenship after claiming social benefits? 

This status will also be extendable to family members arriving through family reunification, even if they no longer work or live with the person who was initially granted the permit. This represents a significant expansion of residence rights.

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And that brings us to…

Family reunification

The current rules remain unchanged.

This means that EU workers living in Switzerland will continue to be able to bring their spouses and children under 21 years of age with them (children should be under 21, not the spouses).

In theory, this also applies to parents or in-laws, but in practice this rarely happens.

The new rule also concerns the reunification of registered same-sex couples – under the new agreement, they have equal rights. 

Greater flexibility will also be allowed, but only in special cases.

The new agreement introduces the possibility of requesting family reunification for unmarried, but cohabiting, couples, as well as family members in need of care.

However, the conditions remain restrictive: serious health reasons and proof of a stable relationship are required.

On the other hand, the current requirement for “adequate” housing for family reunification will be scrapped.

However, cantons may still require a rental contract.

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When will these new rules be implemented?

For now, they are on paper only.

Swiss voters will have the final say on these, and other, newly-concluded treaties with the EU.  

The date for the referendums, however, has not yet been set.