EU/EFTA Free Movement: Your Rights in Switzerland

The Agreement on the Free Movement of Persons (AFMP)

The AFMP entered into force on 1 June 2002 as part of the first package of bilateral agreements between Switzerland and the EU. It was later extended to the EFTA states through a parallel arrangement. The agreement grants nationals of covered states the right to enter Switzerland, reside, seek employment, and establish themselves as self-employed persons, provided they meet certain conditions — primarily the ability to support themselves financially and hold adequate health insurance.

Unlike the EU internal market, the AFMP is a bilateral treaty, not a supranational regulation. This means Switzerland retains some flexibility in its implementation, and the agreement is interpreted by a Joint Committee rather than the European Court of Justice. In practice, however, the rights conferred are broadly comparable to those enjoyed within the EU/EEA.

Which Countries Are Covered?

The AFMP covers all 27 EU member states plus the four EFTA states (of which Switzerland itself is one). The table below lists every covered country and its status. Note that Croatia, which joined the EU in 2013, is subject to a separate transitional protocol with ongoing restrictions.

Citizens of the United Kingdom lost their AFMP rights following Brexit on 1 January 2021. UK nationals already resident in Switzerland before that date retained their rights under the Citizens' Rights Agreement, but new UK arrivals are now subject to the third-country national regime with annual quotas.

Registration Process for EU/EFTA Nationals

EU/EFTA citizens do not need a visa to enter Switzerland. They may stay for up to three months without any formalities beyond holding a valid passport or national identity card. If the stay exceeds 90 days — whether for employment, self-employment, study, or retirement — registration with the cantonal migration office is mandatory.

The registration process typically requires the following documents:

• Valid passport or national identity card
• Employment contract or proof of self-employment (if applicable)
• Proof of sufficient financial means (for non-employed persons)
• Proof of health insurance coverage (basic Swiss health insurance or equivalent)
• Biometric passport photo (some cantons require this)
• Rental agreement or proof of accommodation

Once the application is approved, the cantonal migration office issues a residence permit in the form of a credit-card-sized biometric permit card. Processing times vary by canton but are generally between two and six weeks.

Permit Types for EU/EFTA Citizens

EU/EFTA nationals receive the same permit categories as other foreign nationals, but the issuance criteria are significantly more favourable. The two most common permits at the outset are the L permit (short-term residence) and the B permit (residence). Unlike for third-country nationals, these permits are not subject to annual quotas.

L Permit (Short-Term Residence)

The L permit is issued to EU/EFTA nationals who have an employment contract of less than one year or who are in Switzerland for a limited, defined period. The permit is valid for the duration of the employment contract, up to a maximum of 364 days. It can be renewed if the employment continues, and it automatically converts to a B permit if the holder obtains a contract of 12 months or more.

B Permit (Residence)

The B permit is the standard residence permit for EU/EFTA nationals with an employment contract of one year or more, self-employed persons, and those with sufficient financial means (retirees, students). For EU/EFTA citizens, the B permit is issued for five years and is automatically renewed as long as the holder continues to meet the conditions. This is a significant advantage over third-country nationals, whose B permits are typically valid for one year and subject to annual review. For a detailed comparison of longer-term options, see our guide on B Permit vs C Permit.

C Permit (Permanent Residence)

After five or ten years of continuous, lawful residence (depending on nationality and bilateral agreements), EU/EFTA nationals can apply for a C permit, which grants indefinite settlement rights. Nationals of certain countries — including Germany, France, Italy, Austria, and others with specific bilateral treaties — may qualify after five years rather than ten.

Employment Rights Under the AFMP

The AFMP grants EU/EFTA nationals the right to take up any employed activity in Switzerland without the labour market tests or quota restrictions that apply to third-country nationals. Employers do not need to prove that no suitable Swiss or EU/EFTA candidate was available before hiring an EU/EFTA citizen.

Key employment rights under the agreement include:

• Equal treatment: EU/EFTA workers must receive the same working conditions, pay, and social benefits as Swiss nationals in comparable positions.
• No quota restrictions: There are no annual limits on the number of EU/EFTA nationals who can be employed in Switzerland (Croatia excepted).
• Cross-border commuters: EU/EFTA nationals living in a neighbouring country can work in Switzerland with a G permit (cross-border commuter permit), provided they return to their country of residence at least once per week.
• Geographic and occupational mobility: Permit holders can change employer, occupation, and canton without needing additional authorisation.
• Part-time work: There are no minimum employment thresholds — part-time employment is fully permitted.

Self-Employment for EU/EFTA Nationals

EU/EFTA citizens have the right to establish themselves as self-employed persons in Switzerland under the AFMP. Unlike third-country nationals — who face a complex cantonal approval process — EU/EFTA nationals need only demonstrate that their self-employment is genuine and economically viable.

To register as self-employed, you will typically need to provide a business plan, proof of professional qualifications (if applicable), evidence of client contracts or revenue projections, and registration with the cantonal social insurance office (SVA/AVS). The cantonal migration authority issues a B permit with the annotation "self-employed" once the application is approved. For a comprehensive overview of the self-employment process, see our guide on starting a business in Switzerland as a foreigner.

Job Seekers: The 90-Day Rule

EU/EFTA nationals may enter Switzerland to search for employment without a prior job offer. Under the AFMP, job seekers are entitled to remain for up to 90 days (within any 180-day period) to look for work. During this period, they are not required to hold a residence permit.

If employment is found within the 90-day window, the individual must register and apply for the appropriate permit before beginning work. If no employment is secured, the job seeker must leave Switzerland unless they can demonstrate sufficient financial resources and health insurance coverage to support a longer stay without recourse to social assistance.

Job seekers are not entitled to Swiss social assistance during their search period. They may, however, continue to receive unemployment benefits from their home country for up to three months under EU social security coordination rules (via the U2/E303 form).

Social Security Coordination

One of the most significant benefits of the AFMP is the coordination of social security systems between Switzerland and EU/EFTA states. The applicable rules are governed by EU Regulations 883/2004 and 987/2009, which Switzerland applies by reference under the agreement.

The core principles of social security coordination are:

1. Single applicable legislation: You are subject to the social security system of only one country at a time, generally the country where you work.
2. Aggregation of periods: Insurance, employment, and residence periods completed in one member state are taken into account when determining eligibility for benefits in another.
3. Exportability of benefits: Certain benefits — including pensions and some family allowances — can be paid out regardless of which member state the beneficiary resides in.
4. Equal treatment: EU/EFTA nationals must be treated identically to nationals of the host state in matters of social security.

In practice, this means that years of pension contributions in Germany, for example, count towards your Swiss pension eligibility, and vice versa. It also means posted workers can remain insured in their home country for up to 24 months under the A1 certificate system.

Posted Workers

The AFMP includes provisions for posted workers — employees sent by their employer in an EU/EFTA state to temporarily perform services in Switzerland. Posted workers are subject to specific rules:

• Postings of up to 90 working days per calendar year generally require only an online notification (no permit needed).
• Postings exceeding 90 working days require a formal permit application.
• Employers must comply with Swiss minimum wage and working condition standards in sectors covered by standard employment contracts or collective labour agreements.
• Posted workers can remain insured under their home country's social security system for up to 24 months (A1 certificate).
• Employers must designate a representative in Switzerland for service notifications.

Switzerland enforces its flanking measures (flankierende Massnahmen) rigorously to prevent wage dumping. Tripartite commissions and cantonal labour inspectorates conduct regular checks on posted worker conditions. Violations can lead to bans on providing services in Switzerland for up to five years.

Croatia: Special Transitional Rules

Croatia joined the EU on 1 July 2013, but its inclusion in the AFMP followed a separate protocol that entered into force on 1 January 2017. Unlike other EU member states, Croatian nationals remain subject to transitional restrictions that limit their access to the Swiss labour market.

Under the current regime, the following rules apply to Croatian nationals:

• Access to the Swiss labour market is subject to annual quotas — separate from the third-country quota but capped nonetheless.
• A labour market priority check applies: employers must demonstrate that no suitable Swiss or existing EU/EFTA candidate is available.
• Salary and working conditions are verified to ensure compliance with local standards.
• Quotas are set annually by the Federal Council and have been gradually increased over time.
• Self-employment is permitted but subject to additional scrutiny.

These transitional measures are reviewed periodically. The Federal Council has the authority to extend or lift them. Croatian nationals should check the latest State Secretariat for Migration (SEM) publications for current quota allocations and any changes to the transitional regime.

Key Takeaways

• EU/EFTA nationals enjoy privileged access to Switzerland under the AFMP — no quotas, no labour market tests (Croatia excepted).
• Registration with the municipality is mandatory within 14 days of arrival for stays exceeding 90 days.
• B permits for EU/EFTA citizens are valid for five years and are automatically renewable.
• Self-employment is open to EU/EFTA nationals without the restrictive cantonal approval process applied to third-country nationals.
• Social security coordination ensures pension periods and benefits are portable across member states.
• Croatian nationals face transitional quotas and labour market priority checks — these are reviewed periodically.
• Posted workers benefit from simplified notification procedures for stays up to 90 working days per year.

Understanding your rights under the AFMP is essential for making informed decisions about relocating to or working in Switzerland. Whether you are an employed professional, a self-employed entrepreneur, or a job seeker, the agreement provides a clear and relatively straightforward framework — but the details matter, and cantonal implementation can vary.