The Swiss authorities offer guidance on what qualifies as a business trip and which activities necessitate work authorisation.
However, these guidelines are not exhaustive, and there can be variations in how different cantons evaluate specific scenarios.
As a result, the definition of a business visitor and the corresponding compliance requirements can vary from one canton to another.
This blog examines business visitors from an immigration perspective – considering the complexity of being a business visitor in Switzerland, deconstructing preconceived ideas about making a business visit and exploring compliance rules applicable to business visitors in the context of Swiss immigration.
In Switzerland, all gainful employment requires a valid work permit and/or a valid work authorisation from the outset. This rule applies to all foreign nationals, including EU nationals, regardless of the duration of a trip.
What is a business visitor?
In the context of business visitors, a short definition is essential.
A "business visit" is generally a short-term trip undertaken with the intent to carry out business activities for which a work permit is not required.
The moment a foreign national requires a work permit, they are no longer considered a "business visitor" from an immigration perspective.
Associated considerations and regulations
In Switzerland, the classification of business visitors hinges on the specific nature of their activities. Coordinating strategic meetings (no hand in involvement), attending courses or participating in professional training typically qualifies as a business visit without immigration complications.
However, activities such as presenting at a conference or undergoing on-the-job training are viewed as gainful employment by authorities, necessitating a valid work authorisation for compliance.
Thus, while some activities may seem straightforward as business visits, others require careful consideration of immigration regulations.
Additionally, there is the issue of duration. Although a business visitor can theoretically stay in Switzerland for up to 90 days within a rolling period of 180 days, extended stays naturally raise concerns.
Therefore, it is prudent to consider that if a business trip consistently exceeds one to two weeks on average, questions may arise regarding the nature and scope of the individual's activities.
Understanding compliance
In short, depending on the nature of the activities performed in Switzerland, and even if performed during a single day, the question of compliance is often raised and must be assessed before an individual travels to the country.
The companies with which Fragomen collaborates are keen to remain compliant with Swiss immigration legislation. By combining the wide range of Swiss work permits and authorisations available with the firm's extensive knowledge of the matter of business visitors, our professionals can assess which activities would require work permits and which would not.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.