Unveiling Impacts: How might Switzerland's fresh EU treaties reshape immigration patterns?
New AFMP Agreement Offers Stability and Flexibility for EU Immigrants in Switzerland
Switzerland and the European Union have reached a new agreement on the Free Movement of Persons (AFMP), maintaining the existing rights for EU citizens to live and work in Switzerland while introducing a key safeguard clause. This clause allows Switzerland to control immigration when necessary, addressing domestic political concerns while preserving most existing rights under free movement.
Key Changes in the New AFMP
- Immigration: Switzerland can invoke the safeguard clause to restrict immigration if it can demonstrate a justified need. This change represents a new means for Switzerland to control immigration flows in specific circumstances.
- Permanent Residency Status: No specific changes to permanent residency status under the new treaty have been detailed. Swiss residence permits (L for short-term stays, B for permanent stays) continue to be issued under existing rules, with quotas unchanged through 2025 for EU/EFTA nationals.
- Family Reunification Rules: The new AFMP does not provide updates regarding family reunification rules. The Swiss-UK Citizens’ Rights Agreement, however, continues to protect family reunification rights for UK nationals.
Other Notable Details
- Work permit quotas for 2025 remain unchanged for EU/EFTA nationals, indicating stability in immigration numbers and permit distribution.
- The safeguard clause is a major political instrument newly introduced, allowing Switzerland to limit immigration despite existing commitments to free movement, reflecting a compromise in the new bilateral agreements.
Implications for EU Immigrants
- EU workers can bring their spouses and children under 21 years of age to Switzerland.
- Those arriving without a job will be entitled to a three-month stay but will not receive a residence permit or social benefits.
- EU nationals who receive social aid for six months or more will extend the period for obtaining permanent residence.
- Conditions remain restrictive, requiring serious health reasons and proof of a stable relationship for family reunification.
- EU nationals who lose their job within the first year will be eligible for temporary assistance but will lose their residence right after six months.
- The current requirement for "adequate" housing for family reunification will be scrapped, but cantons may still require a rental contract.
Looking Ahead
The new AFMP rules are currently on paper and require approval from Swiss voters in upcoming referendums. The agreement forms the basis of Switzerland's immigration policy and is similar to a pact between Bern and Norway, Iceland, and Liechtenstein (EFTA).
This new agreement offers a balance between maintaining the existing rights for EU citizens while providing Switzerland with the ability to control immigration when needed. The details of the agreement will be further clarified as the referendum process unfolds.
- The new AFMP agreement in Switzerland has implications for the business sector, as it introduces changes in immigration regulations, allowing Switzerland to control immigration when necessary, which could impact the availability of skilled labor from the EU.
- The interplay between finance, business, and politics is evident in the new AFMP agreement, as the Safeguard Clause, a major political instrument, highlights the need to balance general-news concerns such as immigration control with the preservation of existing economic rights under free movement.
