(art. 10 of the ac. On the free movement of persons and art. 10 of Annex K to the EFTA)

This ordinance regulates the progressive introduction of the free movement of persons, in accordance with the provisions of the Agreement on the free movement of persons and the provisions of the EFTA Convention, taking into account the Transitional regulations.

¹ This order applies to nationals of Member States of the European Union (EU nationals) ¹ ) ² And to nationals of Norway, Iceland and the Principality of Liechtenstein as nationals of the Member States of the European Free Trade Association (EFTA nationals) ³ . ⁴

² It also applies to members of their families who, irrespective of their nationality, have, in accordance with the provisions on family reunification of the agreement on the free movement of persons or the EFTA Convention, Permission to stay in Switzerland.

³ It applies to persons who, irrespective of their nationality, are separated by companies incorporated in accordance with the legislation of one of the Member States of the European Union (EU) or the European Free Trade Association (EFTA) And having their registered office, central administration or principal place of business in the territory of the EU or EFTA with a view to providing services in Switzerland and which have been integrated into the regular market of the The work of one of the EU Member States or EFTA States. ⁵

¹ This order shall not apply to nationals of the EU and EFTA or to members of their families who fall within the scope of Art. 43, para. 1, let. A to d, 2 and 3 of the order of 24 October 2007 on admission, residence and the pursuit of a gainful occupation (OASA) ² .

² ... ³

³ The provisions relating to the maximum numbers, the priority of indigenous workers and the supervision of the conditions of pay and working conditions set out in the Protocol of 27 May 2008 on the extension of the agreement on the free movement of persons Persons in Bulgaria and Romania do not apply to nationals of Bulgaria and Romania to whom s. 43, para. 1, let. H, OASA. ⁴

⁴ ... ⁵

(art. 6, 7, 12, 13, 20, 24, 28 and 32 of Annex I of the Act on the free movement of persons and art. 6, 7, 11, 12, 19 and 23 of Appendix 1 to Annex K to the EFTA) ¹

¹ EU and EFTA nationals shall be granted short-term residence permits EU/EFTA, an EU/EFTA residence permit or an EU/EFTA border authorization in accordance with the provisions of the Agreement on the free movement of Persons or the EFTA Convention.

² Unless otherwise provided for under federal law, short-stay and EU/EFTA residence permits are valid throughout Switzerland. ²

³ EU/EFTA border authorization issued to nationals of Belgium, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Austria, Poland, Portugal, Sweden, Slovenia, Spain, the Netherlands, Hungary, Slovakia, the Czech Republic, the United Kingdom and Cyprus ³ And EFTA is valid throughout Switzerland. ⁴

^3bis EU-EFTA border authorization issued to nationals of Bulgaria and Romania ⁵ Is valid in all border areas ⁶ Swiss. The frontier canton which occupies the labour force may authorise temporary activity outside the border area. ⁷

⁴ Nationals of the EU Member States mentioned in para. 3 and EFTA which engage in a gainful occupation in Switzerland whose duration does not exceed three months in total per calendar year do not require a short-stay EU/EFTA permit. ⁸

EU and EFTA nationals as well as members of their families receive an EU/EFTA authorisation of indefinite duration on the basis of Art. 34 LEtr and art. 60 to 63 OASA ² And in accordance with the settlement agreements concluded by Switzerland.

¹ EU and EFTA nationals, members of their families, as well as service providers referred to in Art. 2, para. 3, which are in favour of an authorisation under the Agreement on the free movement of persons or the EFTA Convention, receive a booklet for foreigners.

² The foreign licence attesting to the EU/EFTA establishment authorisation shall be established for control purposes for a period of five years. ² Its holder will give it to the competent authority for its extension two weeks before the deadline.

³ The establishment and submission of permits for foreign nationals are governed by ss. 71 to 72 OASA ³ . ⁴

(art. 1 of Annex I to the ac. On the free movement of persons and art. 1 of Annex K of the Conv. Establishing EFTA)

Members of the family of an EU or EFTA national and service providers according to Art. 2, para. 3, which are not nationals of a Member State of the EU or EFTA, are subject to the provisions relating to the obligation of the visa provided for in Art. 4 and 5 of the order of 22 October 2008 on entry and granting of visas ² The visa shall be issued to them if the conditions required for the issuance of a short-stay or EU/EFTA residence permit under the Agreement on the free movement of persons or under the EFTA Convention are fulfilled.

(art. 1, para. 1, and 27, para. 2, of Annex I in relation to Art. 10, para. 2 B , 4, and 4 C , of the agreement on the free movement of persons)

In order to enter Switzerland with a view to engaging in a gainful occupation subject to EU/EFTA authorisation, nationals of Bulgaria and Romania may apply for authorisation insurance (Art. 5 OASA ² ).

(art. 2, para. 4 of Annex I to the Act on the free movement of persons and art. 2, para. 4, Appendix 1 to Annex K to the EFTA) ²

¹ The procedures for the declaration of arrival and authorisation are governed by Art. 10 to 15 LEtr and 9, 10, 12, 13, 15 and 16 OASA ³ . ⁴

^1bis In case of employment in Swiss territory not exceeding three months per calendar year or services provided by an independent provider for 90 working days in any calendar year, the declaration of arrival procedure (obligation Advertisement, procedure, elements, time limits) within the meaning of s. 6 of the Act of 8 October 1999 on posted workers ⁵ And art. 6 of the Ordinance of 21 May 2003 on workers posted to Switzerland ⁶ Applies by analogy. The salary must not be announced. In the case of employment on Swiss territory not exceeding three months in each calendar year, the announcement shall be made no later than the day before the day on which the activity begins. ⁷

^1ter Art. 6, para. 4 of the Act of 8 October 1999 on posted workers shall apply mutatis mutandis to the transmission of the announcement to the Cantonal Tripartite Commission and, where appropriate, to the Joint Commission established by the collective agreement Compulsory labour force work (art. 9, para. 1 ^Bis , 1 ^Re Phrase, OLCP). ⁸

² Art. 5 of the SYMIC order of 12 April 2006 ⁹ Governs the announcement of personal data by the cantons and municipalities. ¹⁰

³ Border residents are required to announce any changes in employment to the competent authority in their workplace.

⁴ Border residents who stay in Switzerland during the week are required to report to the competent authority of their place of residence. L' al. 1 shall apply mutatis mutandis.

(art. 10, para. 4 and 4 C , of the agreement on the free movement of persons) ²

There is no charge on the maximum numbers laid down pursuant to the agreement on the free movement of persons when the nationals of Bulgaria and Romania: ³

A.

Have not entered Switzerland and have abandoned their work;

B.

Left Switzerland within 90 working days of the start of the lucrative business.

The State Secretariat for Migration (SEM) ² Allocates the maximum numbers laid down pursuant to the Agreement on the free movement of persons for nationals of Bulgaria and Romania.

(art. 10, para. 4 and 4 C , and 13 of the Agreement on the free movement of persons) ¹

¹ The exceptions in the LEtr and OASA ² Apply by analogy to the maximum numbers for nationals of Bulgaria and Romania. ³

² The EU/EFTA residence permits issued to nationals of Bulgaria and Romania under Art. 27, para. 3, let. A, of Annex I to the Agreement on the free movement of persons are not charged on the maximum numbers. ⁴

³ Nationals of Bulgaria and Romania who engage in a gainful occupation as a PhD or post-doctoral student in a university, high school or a Swiss high school are not charged on the maximum numbers, even If they change jobs or profession. ⁵

⁴ The citizens of Liechtenstein are not charged on the maximum numbers. ⁶

⁵ Nationals of Bulgaria and Romania may be admitted for up to four months without charge on the maximum number of short-term authorisations to the extent that they meet the qualification requirements Under s. 23 LEtr. If this is not the case, they may be allowed within the quota ⁷ Reserved for short-term authorizations. ⁸

(art. 5 of the ac. On the free movement of persons and art. 5 of Annex K to the EFTA)

Persons providing cross-border services as part of an agreement on services between Switzerland and the EU ² Or between the EFTA countries do not need a short-term EU/EFTA residence permit if their stay does not exceed 90 working days per calendar year. If the provision of services exceeds 90 working days, they obtain a short-term or EU/EFTA residence permit for the duration of the service provision.

¹ In the absence of an agreement on services, EU/EFTA nationals and service providers do not need, in order to provide cross-border services, a short-stay EU/EFTA residence permit, if their stay does not exceed 90 Working days per calendar year.

² Nationals of Bulgaria and Romania as well as workers posted by a company having its registered office, central administration or principal place of business in the territory of Bulgaria or Romania, with a view to providing A provision of services in Switzerland, require a short-term residence permit EU/EFTA if these benefits affect the sectors of services incidental to the cultivation and management of the landscapes, the construction and the branches Related, monitoring and safety or industrial cleaning. ² The authorisation shall be granted if their admission serves the economic interests of the country and the supervision of the conditions of pay and work and the qualification requirements set out in Art. 23 LEtr are respected. ³

(art. 20 of Annex I to the Act on the free movement of persons and art. 19 of Appendix 1 to Annex K of the EFTA Annex)

¹ In the absence of an agreement on services and to the extent that the duration of the service provision exceeds 90 working days, a short-stay or EU-EFTA residence permit within the meaning of Art. 4, may be granted to nationals of the EU and EFTA and to persons subject to Art. 2, para. 3, for the duration of service delivery. ¹

² Admission is governed by the provisions of the LEtr and the OASA ² . ³

(art. 24 of Annex I to the Act on the free movement of persons and art. 23 of Appendix 1 to Annex K of the EFTA.)

¹ The financial resources of EU and EFTA nationals and members of their families shall be deemed to be sufficient if they exceed the assistance benefits which would be allocated in accordance with the guidelines " Social assistance: concepts and standards of Calculation " (CSIAS directives) ¹ , to a Swiss national, possibly to members of his or her family, following the request of the person concerned and taking into account his personal circumstances.

² The financial means of a person entitled to an annuity, a national of the EU or EFTA, and the members of his family, shall be deemed to be sufficient if they exceed the amount giving the right to a Swiss national who so requests, possibly To members of his or her family, to supplementary benefits within the meaning of the Federal Act of 19 March 1965 on supplementary benefits to the old-age, survivors and invalidity insurance ² .

(art. 24 of Annex I to the Act on the free movement of persons and art. 23 of Appendix 1 to Annex K of the EFTA.)

In the event of a residence without gainful occupation, the competent authorities may, where they consider it necessary, request the re-validation of the EU/EFTA residence permit at the end of the first two years of residence.

(art. 2 of Annex I to the ac. On the free movement of persons and art. 2 of Appendix 1 to Annex K to the EFTA Annex)

¹ EU and EFTA nationals do not need authorisation if they stay in Switzerland for less than three months to seek employment.

² If the search for a job takes more than three months, they obtain a short-term EU/EFTA residence permit for a period of validity of three months per calendar year, provided that they have the necessary financial resources available to them Maintenance. ¹

³ This authorisation may be extended for up to one year as long as they are able to demonstrate the efforts made to that effect and there is a real prospect of commitment.

(art. 23 of Annex I to the Act on the free movement of persons and art. 22 of Appendix 1 to Annex K of the EFTA Annex)

¹ EU and EFTA nationals travelling to Switzerland to benefit from services do not need authorisation if their stay does not exceed three months.

² They receive a short stay or EU/EFTA residence permit if the duration of the service is longer than three months.

If the conditions for admission without gainful employment are not fulfilled within the meaning of the Agreement on the free movement of persons or within the meaning of the EFTA Convention, an EU/EFTA residence permit may be issued where grounds They require it.

The provisions relating to the conditions of remuneration and working conditions set out in Art. 10, para. 2 B , the agreement on the free movement of persons governs access to a gainful occupation by members of the family of nationals of Bulgaria and Romania with a short-term residence permit.

Nationals of the EU, EFTA or members of their families who are entitled to remain in Switzerland under the Agreement on the free movement of persons or under the EFTA Convention shall be granted an EU/EFTA residence permit.

(art. 6, para. 6 of Annex I to the Act on the free movement of persons and art. 6, para. 6, Appendix 1 to Annex K to the EFTA) ¹

¹ Short-term residence permits, residence permits and EU-EFTA border authorisations may be revoked or not extended if the conditions for their issuance are no longer fulfilled.

² Art. 63 LEtr is applicable when issuing an EU/EFTA Establishment Authorization. ²

(art. 5 of Annex I to the Agreement on the Free Movement of Persons and Art. 5 of Appendix 1 to Annex K to the EFTA Convention)

Removal measures adopted by the competent authorities under Art. 60 to 68 LEtr applies to all Swiss territory.

(art. 5 of Annex I to the ac. On the free movement of persons and art. 5 of Appendix 1 to Annex K of the EFTA Annex)

In the case of a change in the canton, the new canton has jurisdiction over removal measures.

The competent cantonal authorities shall issue the authorisations covered by this order.

Before the competent cantonal authorities grant a national of Bulgaria or Romania an authorisation for the exercise of a gainful employment, the cantonal labour market authority shall make a decision specifying that the Labour market conditions are met. ² The procedure is governed by the cantonal law.

The control by SEM of authorisations granted to nationals of the EU and EFTA shall be governed, by analogy, by Art. 99 LEtr and art. 83 and 85 OASA ² .

The SEM is responsible for:

A.

Decide on exceptions to the limitation measures provided for in s. 12, para. 1;

B.

Approve the initial residence permits granted to EU and EFTA nationals who do not engage in a gainful occupation within the meaning of Art. 20, and their extension;

C.

Control authorizations in accordance with s. 28.

Administrative sanctions are governed by s. 122 SLt.

A fine of up to 5000 francs is imposed on any person who, wilfully or negligently, is guilty of the obligation to advertise under s. 9, para. 1 ^Bis .

The SEM shall monitor the execution of this order.

The order of 23 May 2001 on the introduction of the free movement of persons ¹ Is repealed.

The legislative acts mentioned below are amended as follows:

... ¹

(art. 10 of the ac. On the free movement of persons and art. 10 of Annex K to the EFTA)

¹ Authorisations issued under the current law shall remain valid until their expiry.

² The rights and obligations of the persons concerned shall be governed by the Agreement on the free movement of persons or by the EFTA Convention.

The new right shall apply to proceedings pending at the time of entry into force of this order.

(art. 10 of the ac. On the free movement of persons and 26 to 34 of Annex I of the ac. On the free movement of persons) ¹

¹ ... ²

² ... ³

³ ... ⁴

^3bis ... ⁵

⁴ Transitional provisions relating to the priority of indigenous workers, the control of qualifications and the conditions of pay and work, the progressive quotas, the renewal and transformation of the authorisation, the right to Return and to the border areas contained in the Agreement on the free movement of persons in respect of Bulgaria and Romania shall apply to the most during the first seven years following the entry into force of the Protocol of 27 May 2008 On the extension of the Agreement on the free movement of persons to Bulgaria and the Romania. ⁶

⁵ The transitional provisions relating to the border areas contained in the Agreement on the free movement of persons with regard to the nationals of Bulgaria and Romania who carry out an independent gainful occupation Swiss territory applies to the most during the first seven years following the entry into force of the Protocol of 27 May 2008 on the extension of the Agreement on the free movement of persons to Bulgaria and Romania. ⁷

⁶ ... ⁸

⁷ ... ⁹

This order shall enter into force on 1 ^Er June 2002.