G permit Switzerland under Art. 25 and 35 FNIA: border zone, weekly return, procedure, job changes and the entitlement to extension after five years.
The G permit is the Swiss document for people who work in Switzerland but keep their residence abroad. Its legal basis is Art. 35 of the Foreign Nationals and Integration Act (FNIA): under para. 1 it is issued for gainful employment in a border zone, under para. 2 on condition that the person returns to their place of residence abroad at least once a week. Under para. 3 the permit is limited in time and may be extended. The permit card itself is governed by Art. 71a let. a VZAE.
This sets the G permit structurally apart from the other categories. The L short-term permit under Art. 32 FNIA and the B residence permit under Art. 33 FNIA both presuppose residence in Switzerland. The G permit does exactly the opposite: it authorises employment, not residence. Anyone who moves their centre of life to Switzerland falls outside the category and needs a residence permit instead.
Here too the decisive distinction is between two regimes. EU and EFTA nationals are covered by the Agreement on the Free Movement of Persons (AFMP). Under the practice of the State Secretariat for Migration (SEM) as at 1 January 2022 they enjoy professional and geographical mobility and no border zones apply; they may live anywhere in the EU/EFTA and work anywhere in Switzerland. The only remaining condition is the weekly return to the foreign place of residence.
All others — third-country nationals — fall under Art. 25 FNIA with distinctly narrower requirements. Alongside permit law, both constellations raise questions of withholding tax, social security affiliation and health insurance, which are separate from the permit but in practice closely linked to it.
Who is eligible
In both regimes the permit presupposes an employment relationship in Switzerland and a place of residence abroad. Access, however, differs fundamentally.
For EU/EFTA nationals, SEM practice as at 1 January 2022 applies: no border zones, full professional and geographical mobility, and the weekly return abroad as the only condition. The permit is valid for five years where there is an open-ended contract or a contract of more than one year. Where the contract runs for less than one year but more than three months, validity mirrors the contract duration. For employment of under three months no permit is required; the online notification procedure is sufficient.
For third-country nationals access is governed by Art. 25 FNIA. The following requirements are cumulative:
- a permanent right of residence in a state neighbouring Switzerland, not in any third state
- a place of residence in the adjacent border zone for at least six months
- gainful employment within the Swiss border zone
Under Art. 25 para. 2 FNIA, Art. 20, 23 and 24 FNIA do not apply to cross-border commuters: no maximum numbers and therefore no quota, no restriction to managers and specialists, and no requirement of suitable accommodation. This is the key difference from admission on an L or B permit and makes the G permit a realistic option for third-country nationals in border regions where a residence permit would fail on quotas.
Requirements in detail
Art. 21 and Art. 22 FNIA, by contrast, remain applicable. For third-country nationals the cantonal labour market authority therefore examines:
- Priority for domestic workers (Art. 21 FNIA): it must be shown that no suitable domestic workers or nationals of AFMP states could be found. Under Art. 21 para. 2 FNIA these include Swiss nationals, holders of a C settlement permit, holders of a B residence permit with the right to work, and temporarily admitted or temporarily protected persons who hold a work permit.
- Salary and working conditions (Art. 22 FNIA): the conditions customary for the locality, occupation and sector must be observed. A salary below that level leads to refusal.
- Right of residence in the neighbouring state and the six-month period (Art. 25 let. a FNIA): both must be documented, usually with the foreign residence title and a certificate of residence.
- Location of the place of work (Art. 25 let. b FNIA): it must lie in the border zone of the issuing canton.
- Weekly return (Art. 35 para. 2 FNIA): the return abroad must actually take place and be credible.
For EU/EFTA nationals the labour market test and the assessment of qualifications do not apply; what is required is essentially a valid identity document, proof of the employment relationship and proof of residence abroad. Irrespective of nationality, no grounds for revocation under Art. 62 para. 1 FNIA may exist.
The procedure step by step
- The employer clarifies the category in advance: notification, G permit or residence permit. For third-country nationals it also checks that residence and place of work lie in the respective border zones and documents the domestic labour market search before signing the contract.
- The employer files the application with the cantonal labour market or migration authority of the place of work, enclosing the contract, job description, salary details and personal documents.
- The cantonal labour market authority examines priority and salary under Art. 21 and 22 FNIA for third-country nationals and issues the preliminary labour market decision; for EU/EFTA nationals this step does not apply.
- The State Secretariat for Migration (SEM) gives its approval in cases subject to approval.
- The cantonal migration office grants the permit, records the biometric data and issues the G permit card under Art. 71a let. a VZAE. Where entry with a visa is required, it authorises the competent Swiss representation abroad.
- The employer observes the withholding tax obligations and registration with the social security institutions.
- The authority competent at the place of work remains responsible for later changes: extension, change of employer and — for third-country nationals after five years of uninterrupted gainful employment — notification of a change of job under Art. 13a VZAE.
For EU/EFTA nationals the process is shorter: an application to the cantonal migration office with an identity document, the contract and proof of residence abroad, followed by issuance of the G EU/EFTA card. For assignments of under three months the online notification procedure applies instead.
Required documents
- valid passport or identity card with sufficient remaining validity
- employment contract stating function, workload, duration, place of work and salary
- cantonal application form, as a rule completed by the employer
- proof of residence abroad, for example a current certificate of residence or registration
- for third-country nationals: proof of the permanent right of residence in the neighbouring state and evidence that the place of residence has been in the adjacent border zone for at least six months
- for third-country nationals: evidence on the priority of domestic workers, that is advertisements, notification to the public employment service and evaluation of applications
- curriculum vitae, diplomas and references, where the canton requires them
- biometric passport photograph
- details on health insurance, including the exercise of any right of option between Swiss and foreign cover
- certified translations of foreign-language documents where required
Duration and costs
| Constellation | Validity | Extension | Fees (vary by canton) |
|---|
| G EU/EFTA, open-ended contract or contract over one year | five years | while the employment relationship continues | around CHF 60–150 |
| G EU/EFTA, contract three to under twelve months | duration of the contract | on contract extension | around CHF 60–150 |
| EU/EFTA employment under three months | no permit, online notification | not applicable | normally free of charge |
| G third-country national, first issuance | limited under Art. 35 para. 3 FNIA, cantonal practice regularly one year | while the requirements continue to be met | around CHF 100–200 plus card fee |
| G third-country national after five years of uninterrupted employment | limited according to cantonal practice | entitlement under Art. 35 para. 4 FNIA | cantonal tariff |
| Change of job, third-country national after five years | notification instead of permit under Art. 13a VZAE | notification before taking up the post | cantonal tariff |
All amounts are indicative. Fees and processing times are set by the cantons and vary considerably; the fee schedule of the competent canton is binding. Evidentiary requirements are also handled differently from canton to canton, which makes a look at the practice of the canton concerned indispensable before filing.
Rights and obligations
The cross-border commuter permit authorises employment in Switzerland but not residence. The practically most important consequences are:
- Weekly return (Art. 35 para. 2 FNIA). The return abroad is a condition of validity, not a formality; further conditions may be attached to the permit under that provision.
- No entitlement to extension in the first five years. Under Art. 35 para. 3 FNIA the permit is limited in time and extendable; the extension lies within the authority's discretion.
- Entitlement to extension after five years (Art. 35 para. 4 FNIA), provided that no grounds for revocation under Art. 62 para. 1 FNIA exist. The examination thus shifts from a discretionary question to a question of entitlement.
- Mobility depends on the regime. EU/EFTA nationals enjoy professional and geographical mobility under SEM practice. For third-country nationals the permit is tied to the border zone of the issuing canton; a change of job or place of work requires a new permit.
- Duty to notify after five years (Art. 13a VZAE). Third-country nationals must then notify a change of job to the authority competent at the place of work, before the new position is taken up.
- Tax and social security. Employment income is generally subject to withholding tax at the place of work; the allocation of the right to tax follows the applicable double taxation agreement. Social security affiliation follows in principle the place-of-work principle and, where work is performed in several states, the coordination rules. A share of home office work in the state of residence may shift affiliation; the individual case is decisive.
- Health insurance. Depending on the state of residence there is a right of option between Swiss and foreign cover; it must be exercised within a deadline.
- Duties to notify and cooperate. Changes of residence and of employer as well as termination of employment must be reported to the competent authority.
Common reasons for refusal
- The place of residence is not in the adjacent border zone, or the six-month period under Art. 25 let. a FNIA is not yet completed when the application is filed.
- The place of work lies outside the Swiss border zone under Art. 25 let. b FNIA or outside the border zone of the issuing canton.
- There is no permanent right of residence in a neighbouring state; a temporary or purpose-bound title is not sufficient.
- The weekly return under Art. 35 para. 2 FNIA does not appear credible, for example because the authority suspects a de facto residence in Switzerland.
- Priority for domestic workers under Art. 21 FNIA is not documented: no advertisement, one placed too late, or no comprehensible evaluation of applications.
- The agreed salary falls below the conditions customary for the locality, occupation or sector under Art. 22 FNIA.
- A change of job was made without prior authorisation, or the notification under Art. 13a VZAE was only made after the new post had started.
- Grounds for revocation under Art. 62 FNIA exist, for example false statements or concealment of material facts.
What to do if your application is refused
The decisive information is in the instructions on legal remedies attached to the decision. They name the competent instance and the deadline, which in migration law is generally thirty days from notification; this statutory deadline cannot be extended. Depending on the canton, the decision may be challenged by objection or appeal to the cantonal appeals body, then before the cantonal administrative court, again within thirty days.
Before the Federal Supreme Court, an appeal in matters of public law is excluded under Art. 83 let. c no. 2 of the Federal Supreme Court Act where there is no legal entitlement to the permit. With a first issuance this is the standard situation. The position may differ where an extension is refused after five years of uninterrupted gainful employment, because Art. 35 para. 4 FNIA confers an entitlement there. Otherwise only the subsidiary constitutional complaint remains, raising violations of constitutional rights such as arbitrariness or the right to be heard; the deadline is likewise thirty days.
A second route is often faster: a new, better documented application once the ground for refusal has been remedied — after the six-month period at the place of residence has elapsed, after a proper advertisement or after a salary adjustment. How an appeal is structured is set out in the article on challenging administrative decisions.
When legal advice makes sense
Legal representation makes a difference wherever discretion is exercised, deadlines are running or several areas of law interact:
- Distinguishing residence from commuter status. Where the authority suspects a de facto residence in Switzerland, the evidence on the weekly return under Art. 35 para. 2 FNIA has to be built up carefully.
- Proving the requirements of Art. 25 FNIA. The permanent right of residence in the neighbouring state and the six-month period are frequent stumbling blocks, especially after a recent move into the border zone.
- Evidence on the priority of domestic workers under Art. 21 FNIA, which has to be assembled before the contract is signed.
- Change of job and the duty to notify under Art. 13a VZAE, where an omission has an immediate effect on the permit.
- Extension after five years under Art. 35 para. 4 FNIA, where the authority disputes the entitlement or invokes grounds for revocation under Art. 62 para. 1 FNIA.
- Home office, multi-state activity and affiliation, where permit, social security and tax questions interact.
- Observing deadlines where a thirty-day appeal period is running.
Sobiera Legal Consulting advises companies and private clients in these proceedings, from preparing the application through a change of employer to appeal proceedings. Fees are set according to the scope of the mandate and are agreed in writing before the mandate begins.
Related topics
Official sources
Frequently asked questions
How long is the G permit in Switzerland valid?
Under Art. 35 para. 3 FNIA the cross-border commuter permit is issued for a limited period and may be extended. For EU/EFTA nationals the SEM applies a validity of five years where there is an open-ended employment contract or a contract of more than one year; for shorter contracts of three to under twelve months the validity mirrors the contract. For third-country nationals the cantons regularly limit the permit to one year.
Do I have to live in the border zone to hold a G permit?
That depends on nationality. Third-country nationals must under Art. 25 let. a FNIA hold a permanent right of residence in a neighbouring state and have lived in the adjacent border zone for at least six months; under let. b the employment must be located within the Swiss border zone. For EU/EFTA nationals the SEM has applied no border zones since 1 January 2022, so they may live anywhere in the EU/EFTA and work anywhere in Switzerland.
How often must I return to my place of residence abroad?
Under Art. 35 para. 2 FNIA cross-border commuters must return to their place of residence abroad at least once a week. This weekly return is the defining condition of the category and is monitored by the authorities. Anyone in fact living permanently in Switzerland no longer meets the requirements and risks revocation of the permit.
Can I change employer while holding a G permit?
EU/EFTA nationals enjoy professional and geographical mobility under SEM practice, so a change of employer is possible. For third-country nationals the permit is tied to the employer and the border zone, and a change requires a new permit. After five years of uninterrupted gainful employment, Art. 13a VZAE requires only a notification to the authority competent at the place of work, which must be made before the new position is taken up.
Is there an entitlement to an extension of the G permit?
Yes, but only after five years. Under Art. 35 para. 4 FNIA there is an entitlement to an extension of the cross-border commuter permit after five years of uninterrupted gainful employment, provided that no grounds for revocation under Art. 62 para. 1 FNIA exist. Before that, the extension is a discretionary decision of the cantonal authority.
Where are taxes and social security contributions paid?
Income earned by cross-border commuters is generally subject to withholding tax at the Swiss place of work; how the right to tax is allocated depends on the applicable double taxation agreement with the state of residence. Social security affiliation follows in principle the place-of-work principle, and where work is performed in several states it follows the social security coordination rules. The individual case is always decisive.
How much does a G permit cost in Switzerland?
Fees are levied by the cantons and vary considerably. Depending on the canton, issuance of the permit and of the permit card typically costs around CHF 100 to 200, plus federal fees for the biometric identity card. The cantonal fee schedule is always decisive.