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Old 07.09.2015, 23:09
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Looking for immigration law specialists for companies

I need professional advice for a company from outside of the EU that is thinking of setting either a subsidy up in Switzerland or even move its HQ to Switzerland. Of specific interest would be how an employee of that non-EU company is treated with regards to immigration when she/he comes to Switzerland to work (temporary short and longer term if possible at all) on a contract the Swiss subsidy has with a Swiss company.

If anyone can point me in the right direction (immigration lawyer with corporate experience, full service firm that takes care of all admin/representation stuff for a subsidy) that would be very much appreciated, thanks.
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Old 08.09.2015, 08:31
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Re: Looking for immigration law specialists for companies

The rule is quite simple and you don't really need a lawyer to tell you. Your Swiss based company would still have to prove that it can't find a Swiss/EU national who could do the job before they'd be allowed to hire a non-EU national.

https://www.bfm.admin.ch/bfm/en/home...zulassung.html

Also bear in mind that anything other than a sole trader (GmbH, AG, SA, etc) needs to have a Swiss resident as one of its shareholders/directors.
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Old 09.09.2015, 08:53
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Re: Looking for immigration law specialists for companies

There are ways to bring someone to Switzerland in order to set up a new company in Switzerland. These employees are considered as "Entsendete" (which means something like the dispatcher). He/She has the right to stay in Switzerland up to 6 years but is still employed and insured in the home country. Depending if the home country and Switzerland have such an agreement, it shouldn't be too difficult. Best would be if you contact the following department:
http://www.seco.admin.ch/themen/00385/00448/00451/
Unfortunately, they don't have this homepage in English...

Good luck!
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Old 09.09.2015, 09:20
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Re: Looking for immigration law specialists for companies

If your company is thinking to move its HQ to Switzerland, you might want to contact a cantonal business development agency. This is the website for Canton Bern's development agency:

http://www.berneinvest.com/3297/3512/3513.asp
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Old 09.09.2015, 09:41
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Re: Looking for immigration law specialists for companies

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There are ways to bring someone to Switzerland in order to set up a new company in Switzerland. These employees are considered as "Entsendete" (which means something like the dispatcher). He/She has the right to stay in Switzerland up to 6 years but is still employed and insured in the home country. Depending if the home country and Switzerland have such an agreement, it shouldn't be too difficult. Best would be if you contact the following department:
http://www.seco.admin.ch/themen/00385/00448/00451/
Unfortunately, they don't have this homepage in English...

Good luck!
That only applies to EU-25/EFTA countries from what I can see and the OP says he's outside of EU.
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Old 09.09.2015, 11:21
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Re: Looking for immigration law specialists for companies

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If your company is thinking to move its HQ to Switzerland, you might want to contact a cantonal business development agency. This is the website for Canton Bern's development agency:

http://www.berneinvest.com/3297/3512/3513.asp
I agree with Mullhollander. Start with the cantonal business development agency of the canton (s) in which you are interested in setting up shop. These people have the job of attracting foreign companies to their specific canton as well as answering (for free) all of your questions about setting up with the specific situation you have (non EU, sub vs. HQ, permits etc.).

However (this is the main point), the level of interest varies dramatically from canton to canton. For example, Vaud is very active. I am less sure of the Swiss German cantons where there is a much larger industrial/economic base already.

You can find the details on each canton's agency with a quick Google search. You will get 90% of your questions answered in a one hour one-on-one meeting. Then you will have some facts to work with.

P.S. The cantons handle most of the permit allocations hence they are the ones who can tell you how things really work.
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Old 29.10.2015, 14:51
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Re: Looking for immigration law specialists for companies

It's been a while but thanks for all the information.
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