Hi everyone,
I'm an EU-27 citizen and accepted a job offer some months ago and should start in Zurich in May.

Due to the situation the Federal Council imposed an entry restriction for anyone coming from anywhere. Some exception apply, but I'm currently having some difficulty understanding where (or even if) my case fits any of this exceptions.

I contacted both the Secretariat of Migration and Zurich's Migration Office with no clear answer.

The ordinance imposing the entry ban is this one.

The two exceptions that could slightly contemplate my case are exception 'b2' and 'c' (in Section 2 Article 3).

The problem in the ordinance Im seeing is that for me to be allowed to enter Switzerland I need either a work permit, an assurance of residence permit, or a confirmation of notification (Meldebestätigung).
As I'm an EU27 national and the job offer is not for a year or less (its and indefinitely contract) I didn't need to get (and actually can't get) any of those documents, as my "work permit" would be just to register in Zurich.

What its weird to me is that, if I weren't a EU27 national I would have needed to apply for a work permit and would be allowed to enter, but because Im eu27 I can't because I don't need it. Shouldn't my case be equivalent to having a work permit? or an assurance of residence permit?

Its an extremely frustrating situation. I understand the global situation, but I currently don't have a job and already prepared everything to leave my country.

I contacted the Secretariat of Migration asking if my case is contemplated by exception b2 or c. And the answer just said: "Auf Ihren Namen ist keine Bewilligung im Zentralen Migrations-Informationssystem registriert. Sie können also nicht einreisen.". I answered asking what permit or approval would that be (the one I dont have). And they answered me: "Send you request by post with a copy of your passport."

I asked the same to the Zurich Migration Office and the answer was a summary of the ordinance and then "so, given these conditions of entry as of today is no longer possible to 15 June." And this date "June 15" is only mentioned in the ordinance on article 4a regarding the emission of visas (that I dont need).

Is there any advice you can give me?

I will send the post mail to the Secretariat of Migration but without much hope.

Thank you in advance,
Chris

Hi, and welcome.

You're evidently looking at things carefully, and I commend you for that.

I think you are right that - if at all - "the two exceptions that could slightly contemplate my case are exception 'b2' and 'c' (in Section 2 Article 3)".

Although no-one can really know what's best in these exceptional circumstances, my sense is that, since they wrote to you: "Send you request by post with a copy of your passport," that's probably exactly what you should do.

Attach the following

• copies of the correspondence you have had with all Swiss authorities with regard to migration, with any reference numbers
• notes of any phonecalls you may have had with them, with dates, and names of the persons to whom you spoke, if possible
• copies of your current registration (Anmeldung) if your country has such a thing, or other proof of address where you live now,
• a copy of the employment contract,
• if possible a recent letter of confirmation from your future employer, confirming that they still wish you to commence on date-specified-in-contract,
  and
• a letter setting out your exact circumstances much as you did above, saying that you fully understand that there are stringent border restrictions in place, and that you know that you would not ordinarily need such a confirmation, but asking for a letter of exception which will permit you to enter the country in time to take up your new job.

Keep copies of everything you send.
Keep copies of everything you send.
Keep copies of everything you send.

There has been some correspondence on other threads about whether or not it is possible to send a passport in by registered post, or by courier. You'd have to find out about that.

Another possibility might be to ask whether you can do some or all of this - especially the "send the passport" part - through the Swiss representative in your country.

Are you certain that the job is still being offered? A lot of businesses are closing down or shrinking their staff levels at the moment due to the crisis. That won’t have got any better by May, unfortunately.

I can understand your frustrations about the permit not being available until you’re here, compared with the need for non-EU people to apply from outside. It’s one of many things that make total sense in normal times (and would be seen as a benefit) — but obviously these aren’t normal times and it’s working against you. I don’t know if this is true but I read somewhere that all Permit applications are suspended for 3 months so perhaps a non-EU citizen wouldn’t fare any better at present.

It’s a tough situation for you though - you have my sympathy. Hope you get it worked out.

The below is a translation from a Canton Zurich Immigration Office webpage, linked below:

"Refusals of entry

On 18 March 2020, the Federal Council decided to suspend the issuing of Schengen visas in general and the issuing of national visas and visa authorisations to persons from all third countries, from EU countries that are not Schengen member states (United Kingdom, Ireland, Bulgaria, Romania, Croatia, Cyprus) and EU/EFTA risk countries (currently Italy, France, Germany, Austria, Spain) for the time being until 15 June 2020. On 24 March 2020, the entry restrictions were extended to all remaining Schengen states with the exception of the Principality of Liechtenstein. This means that the entry restrictions now apply worldwide, with the exception of the Principality of Liechtenstein.

Excepted from this are applications from persons who are in a situation of extreme necessity or who are of great importance as specialists in the health sector. This means:

All foreigners, with the exception of persons from the Principality of Liechtenstein, are to be refused entry. Accordingly, Schengen visas will no longer be issued and persons who already have a Schengen visa but have not yet used it cannot enter the country.

Exceptions: The following are entitled to enter the country

• Persons who have a valid residence permit issued by Switzerland, including holders of legitimation cards issued by the FDFA

• Persons with a visa or with an assurance of a business stay as specialists in the health sector or with the purpose of an "official visit";

• Cross-border commuters who can identify themselves with a valid copy of their permit (ZEMIS printout);

• Persons entitled to freedom of movement who wish to enter Switzerland as self-employed service providers or posted employees and who can present a confirmation of registration.

Entry for gainful employment

At present it is not possible to authorize entry for gainful employment. Accordingly, these applications will not be granted and applications already pending will be written off as invalid. Applicants must resubmit their applications after the entry restrictions have been lifted.

Exception: If the application concerns specialists in the health sector, the application will be examined. "

https://ma.zh.ch/internet/sicherheit...passungen.html

Where are you intending to travel from? Only current air travel to Switzerland are remaining domestic flights and special flights mandated by the Federal Department of Foreign Affairs to repatriate Swiss nationals globally (mostly tourists).

As you have not registered as resident yet (you are not in the central system as you have been told by the SEM) you can’t prove to the border authorities that you qualify for one of the exceptions under the Covid-19 ordinance 2 to enter.

I would monitor the situation closely and communicate with your company as much as possible. Many employees have been put on Kurzarbeit and hiring freezes are in place. I am not sure how employers can justify asking the Federal government for Kurzarbeit funds and import a new employee from abroad at the same time.

Hopefully this mess will be over soon for everybody.

Thank you all for your responses!

I will, makes sense, but I'm gonna ask a friend currently in Zurich to send it for me, as it will be quicker. The main doubt about sending the post was that I didnt understand what request was he referring to, but if I send the info you propose, it should be enough information for them to understand the problem.

They asked me to just send a copy of the passport, not the passport, so that shouldnt be a problem.

I am. We actually get in touch every week to follow up the situation, and the offer is in no danger.

My problem is that I dont need a confirmation or registration or to apply for entry as Im an EU27 national, so I cant even get those because I dont require them.

I'm traveling from Argentina, as of last week, British Airways flights were arriving into zurich every day. But now I see they are all being cancelled, so yep, new problem, damn. I'll have to wait and see how the situation evolves.

Here in Argentina luckily its still ok, but once the quarantine ends, I don't want to imagine what can happen.

Thank you all, will keep you posted, any further advice is welcomed!

Take care!
Chris

I’d ask your employer to contact the authorities, to see if they can get permission for you to enter. It’s probably more likely to be successful if they ask, than if you do. Flights will be a big problem though.

I hope I'm not hijacking the thread but does anyone know the position for UK people already in the country without a permit? I had a call from a friend in Zurich today who has a C permit, lived here 10 years or so. Her just-retired husband lives in London but has always travelled over regularly. In fact he did have a permit about 9 years ago when he took a long sabbatical of 9 months or so.

They'd planned to live in CH for another year or so before both going back to the UK permanently. He's been here since early March but they hadn't got round to applying for a permit (B or D) which would normally be no problem with a C permit spouse. She's now worried about health insurance because normally you need a permit to sign up, and she's just learnt that permits have been suspended. She's struggling to get a clear answer on this. Anyone know what's best for them? Given the lockdown, they don't want to be apart for the duration.

Maybe something in this thread for your friend.
https://www.englishforum.ch/permits-...-overstay.html
particularly Edwin's post https://www.englishforum.ch/3167593-post26.html

As much as I can understand that your friend and her husband don't want to be apart right now, the fact is that he doesn't have a permit to live here, nor will any application for a permit be processed. That means his place of residence is still in the UK. Therefore, he's allowed to stay in Switzerland for 90 days, and then (at the lastest) he should leave to return to the UK, where he resides.

While he is visiting Switzerland, is he perhaps covered for medical emergencies with an EHIC card? I'd think so. He definitely cannot register for Swiss medical insurance because he does not live here. His wife might be able to buy travel/guest medical insurance for him, but this, too, is likely to cover emergencies only.

As the end of the 90 days approaches and he has to return to the UK, if they still want to avoid being apart, perhaps she could "work from home" but remotely from the UK - if she is British.

Thanks, yes he has an EHIC apparently. Let’s hope it covers the virus, should that be necessary, and that there are flights still available at the end of the 90 days. They’re self-isolating very strictly so I’m hoping they’ll be ok.