Impact of Switzerland's New EU Treaties on Immigration: An Examination
The Swiss government has recently unveiled a new treaty with the European Union (EU) that maintains the free movement of people but introduces a safeguard clause to control immigration levels [1]. This treaty paves the way for the expansion of the Agreement on the Free Movement of Persons (AFMP), a policy pillar for Switzerland's immigration system for over two decades.
The key innovation is a Swiss safeguard clause, enabling Bern to limit immigration under clearly defined economic or social stress conditions, preserving free movement in principle but with a new check on immigration levels.
Here's a breakdown of the changes related to immigration and residence:
- Immigration tied to employment: Free movement continues as before, allowing EU citizens to live and work in Switzerland. However, the safeguard clause means Switzerland can impose restrictions if immigration causes significant issues [1].
- Permanent residence: The treaty introduces a new status called "permanent residence" for EU immigrants [2]. This status will no longer have welfare restrictions for naturalisation after 10 years of residence.
- Family reunification: The agreement allows family reunification for registered same-sex couples, granting them equal rights. However, the specific changes to family reunification provisions remain unclear from the provided sources [1]. Conditions for family reunification remain restrictive, requiring serious health reasons and proof of a stable relationship.
- Implementation timeline: The agreement is subject to a public consultation until autumn 2025, followed by parliamentary debates in 2026. A referendum by Swiss voters is expected by June 2027, although it may be delayed to 2028 if national elections intervene [3][4].
Other notable changes include:
- Greater flexibility will be allowed for special cases, such as unmarried cohabiting couples and family members in need of care.
- Those who have worked legally in the country for five consecutive years will be able to remain without restrictions.
- The requirement for "adequate" housing for family reunification will be scrapped, but cantons may still require a rental contract.
- EU nationals who receive social aid for six months or more will extend the period for obtaining permanent residence accordingly.
EU workers can continue to bring their spouses and children under 21 years of age to Switzerland. However, those arriving without a job will only be entitled to a three-month stay without a residence permit or social benefits [1]. EU citizens can enter and remain in Switzerland only with a signed employment contract. EU nationals who lose their job within the first year will be eligible for temporary assistance, but their residence right will be lost after six months.
In summary, the new Swiss-EU treaty aims to balance the free movement of people with the need for immigration control. The overall free movement framework remains intact, with no clear modifications to permanent residence or family reunification rules detailed in the available sources. The agreement's political process runs through consultation, parliamentary debate, and a referendum over the next two years.
The Swiss immigration system's Safeguard Clause, a result of the new treaty with the EU, is a significant development in finance and business policy-and-legislation, as it allows for the tight control of immigration levels under economic or social stress conditions. In the midst of political negotiations, the treaty implies potential shifts in general news, especially concerning immigration and residence matters, while retaining the principle of free movement.
