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Old 17.11.2020, 22:48
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Hiring an EU or spouse of EU person vs non EU

As a non-EU person I've become aware of the hardships in getting a work permit and that it is obviously much easier to get a permit as an EU or spouse of EU citizen.


Question: if an employer decides to hire an EU person - am I right in assuming they do not need to justify anything to the migration authorities about why they rejected any other EU/Swiss candidates? Obviously non-EU candidates are out at that point.


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Old 17.11.2020, 22:58
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Re: Hiring an EU or spouse of EU person vs non EU

The law is here:

https://www.admin.ch/opc/en/classifi...index.html#a21

Main thing is that the distinction is not between Swiss and Non-Swiss but rather between residents (with appropriate permit) and non-residents.

And EU (or other states with a freedom of movement treaty) have a special place generally treated the same as residents.

But it can also depend on the industry and area, with special conditions being allowed to override these rules.
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Old 17.11.2020, 23:39
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Re: Hiring an EU or spouse of EU person vs non EU

Interesting!

I've read that clause so many times but didn't see it that way.

So for example a non EU person with a C permit would have precedence over an EU person who wasn't yet in Switzerland?

And what does the employer do if they want to hire that EU person? Provide all the justifications as if they were non EU?
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Old 17.11.2020, 23:42
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Re: Hiring an EU or spouse of EU person vs non EU

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So for example a non EU person with a C permit would have precedence over an EU person who wasn't yet in Switzerland?
Yes.

Tom
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Old 17.11.2020, 23:57
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Re: Hiring an EU or spouse of EU person vs non EU

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Yes.

Tom
Hm, you sure?

"Foreign nationals may be permitted to work only if it is proven that no suitable domestic employees or citizens of states with which an agreement on the free movement of workers has been concluded can be found for the job."

I see nothing there that means someone holding a Swiss permit is above someone from the EU/Schengen area. Ideally of course, the Swiss government wants employers to hire people who already live/work here, but there's nothing there I can see that says they can't accept the EU person over someone with a Swiss permit.
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Old 18.11.2020, 07:32
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Re: Hiring an EU or spouse of EU person vs non EU

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And what does the employer do if they want to hire that EU person? Provide all the justifications as if they were non EU?
None whatsoever
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Old 18.11.2020, 07:43
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Re: Hiring an EU or spouse of EU person vs non EU

And a spouse of an EU national, not living in Switzerland, does not receive the EU benefit.

They would have to be legally resident with an appropriate permit to be treated as other Swiss residents.
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Old 18.11.2020, 09:42
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Re: Hiring an EU or spouse of EU person vs non EU

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And a spouse of an EU national, not living in Switzerland, does not receive the EU benefit.

They would have to be legally resident with an appropriate permit to be treated as other Swiss residents.
Yeah I meant assuming they had a family unification permit etc
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Old 18.11.2020, 09:43
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Re: Hiring an EU or spouse of EU person vs non EU

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Yes.

Tom
No.

Unless there is an industry or location specific law in place, there is no legal difference.

That said, I prefer to hire locally where candidates are equivalent because it's one less thing to go wrong, and generally I think that's the right approach socially.
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