Visa and work permit regulations for investors in Switzerland

In this column, the authors would like to elaborate on the visa and work permit rules of Switzerland that are applicable to Chinese business people and their family members (spouses and children) in the context of investing in Switzerland.

Business visitors

For the purpose of establishing a commercial presence – i.e. office, branch or subsidiary – qualified Chinese business visitors are entitled to a business visa for Switzerland valid for three months based on the General Agreement on Trade in Services (GATS), to which both China and Switzerland are signatories, and on the Sino-Swiss Free Trade Agreement (FTA) after its entry into effect (expected in mid-2014).

Eligible for this type of visa are only executives or senior managers of a company seeking to establish a commercial presence in Switzerland – persons who primarily direct the enterprise or one of its departments and who receive only general supervision or direction from high-level executives, the board of directors or the stockholders of the enterprise.

They have to be an employee of the respective enterprise for a period of not less than one year immediately preceding their application for admission, and are not allowed to perform tasks related to the actual supply of services of the enterprise during their stay in Switzerland.

Urs Haegi is a senior partner and head of VISCHER’s immigration law practice group, and Wu Fan is a counsel on VISCHER’s China Desk