SWISS INTRA-COMPANY TRANSFER (ICT) PERMIT

The Swiss Intra-Company Transfer (ICT) Permit, also known as the Swiss Executive Transfer Visa, allows multinational companies to relocate key employees to their Swiss branches, subsidiaries, or affiliates. The Swiss Intra-Company Transfer permit is typically granted to executives, senior managers, and specialists with expertise that is essential to the Swiss entity. 

Benefits of the Swiss ICT Permit

• Facilitates mobility for multinational companies: Enables smooth transfer of senior employees between global offices.

• No local labour market testing: Exempt from the requirement to first seek a Swiss or EU/EFTA national for the position.

• Fast-track processing for corporate transfers: Can be quicker than general Swiss work permit applications.

• Family reunification options: Spouses and children may join, and in some cases, spouses may have work rights.

• Multiple permit durations available: Short-term (L permit) and long-term (B permit) options allow flexibility based on the company’s needs.

Eligibility Requirements for a Swiss Intra-Company Transfer Permit

To qualify for a Swiss ICT Permit, you will need to meet the following conditions:

• Employment Duration: You must have been employed by the sending company for at least 12 months before the transfer.

• Position Requirement: You must hold a senior position, such as an executive, manager, or specialist with advanced skills.

• Company Relationship: The Swiss entity must be a branch, subsidiary, or affiliate of the sending company.

• Salary & Benefits: You must receive a salary and benefits package that aligns with Swiss standards.

• Temporary Nature: The transfer must be temporary and not lead to long-term local employment in Switzerland.

The exact requirements you will need to satisfy to qualify for a Swiss ICT Permit will vary depending on your personal circumstances. We recommend consulting an immigration lawyer specialising in Swiss immigration law for expert advice.

Who Can Qualify for a Swiss ICT Permit?

The following categories of employees are likely to qualify for a Swiss Intra-Company Transfer Permit:

• Executives & Senior Managers: C-level executives, managing directors, department heads.

• Highly Skilled Specialists: Employees with rare expertise essential to the Swiss entity.

• Employees of a Multinational Group:The Swiss branch must be legally linked to the foreign entity.

• Non-EU/EFTA Nationals: ICT permits are primarily designed for third-country nationals (non-EU/EFTA citizens).

Who Cannot Qualify for a Swiss ICT Permit?

The following categories of employees are unlikely to qualify for a Swiss Intra-Company Transfer Permit:

• Employees who have not worked for the company for at least 12 months before the transfer.

• Junior employees, trainees, or staff without specialist knowledge.

• Individuals seeking permanent employment in Switzerland instead of a temporary transfer.

• Independent contractors or external consultants not directly employed by the sending company.

• Employees of non-multinational companies without a Swiss branch, subsidiary, or affiliate.

Expansion on Key Requirements for a Swiss Intra-Company Transfer Permit

To qualify for a Swiss Intra-Company Transfer (ICT) Permit, applicants must meet several key requirements that ensure their transfer aligns with Swiss regulations and business needs.

First, the applicant must have been employed by the sending company for at least 12 months before the transfer. This requirement ensures that the individual has gained sufficient knowledge of the company's operations and is well-integrated into its business structure.

Second, the applicant must hold a senior or highly skilled role, such as an executive, manager, or specialist. Swiss authorities expect ICT transferees to bring unique expertise that is not readily available in the local labor market, reinforcing the purpose of the transfer.

Additionally, there must be a clear legal link between the sending company and the Swiss entity receiving the employee. This includes parent companies and subsidiaries, branch offices, or joint ventures where the foreign company exercises significant control. The Swiss entity cannot be an entirely independent business with no corporate connection to the sending company.

Salary and working conditions must also meet Swiss standards. Authorities require that ICT transferees receive pay and benefits comparable to those offered to Swiss employees in similar roles, ensuring fair treatment and preventing wage undercutting.

Finally, the ICT permit is strictly for temporary assignments. It does not provide a pathway to permanent employment in Switzerland, and transferees must return to their home company once the assignment concludes.

Application Process for a Swiss Intra-Company Transfer Permit

The application process for a Swiss ICT Permit involves several steps, ensuring compliance with both cantonal and federal immigration requirements.

Step 1: Work Permit Application: The Swiss branch of the company must submit a work permit application to the Cantonal Migration Office. Authorities will assess the application based on the legal connection between the sending and receiving entities, the employee’s qualifications, and the economic contribution of the transfer. Once approved at the cantonal level, the application is forwarded to the State Secretariat for Migration (SEM) for federal approval.

Step 2: Visa Application (If Required): Non-EU/EFTA nationals must apply for a long-stay (D) visa at the Swiss consulate in their home country before traveling to Switzerland. EU/EFTA nationals are exempt from the visa requirement but must still obtain a residence permit upon arrival.

Step 3: Arrival and Registration: Upon arrival in Switzerland, the employee must register with the Cantonal Resident’s Office to obtain their residence permit. This step finalises the legal authorisation to live and work in Switzerland under the ICT permit.

ICT Residence Permit Types & Duration

• L Permit (Short-Term ICT Transfer) – Issued for up to 12 months, renewable once (max. 24 months).

• B Permit (Long-Term ICT Transfer) – Issued for up to 5 years, non-renewable beyond this limit.

  
  

Family Reunification

• Spouses and dependent children can join the permit holder.

• Work authorisation for spouses depends on nationality and canton policies.

  
  

Key Advantages of the Swiss ICT Permit

• Streamlined Global Mobility for Multinational Companies: The Swiss ICT Permit facilitates the smooth transfer of key employees between global offices, ensuring that multinational companies can quickly relocate senior managers and specialists to Switzerland to support their operations. This mobility is essential for maintaining the continuity of business processes and supporting growth in the Swiss market.

• No Need for Local Labor Market Testing: Unlike other work permits that require employers to demonstrate that no local Swiss or EU/EFTA nationals can fill the position, the Swiss ICT Permit is exempt from this requirement. This makes it faster and more straightforward for companies to bring in foreign expertise without delay.

• Attractive for Highly Skilled Non-EU Nationals: The ICT Permit is one of the few work permit options for non-EU/EFTA nationals with senior or specialised skills. It provides an important avenue for skilled professionals to temporarily work in Switzerland, making it a great choice for multinational companies looking to transfer top talent from outside the EU/EFTA region.

• Family Reunification Benefits: The ICT Permit allows for family reunification, enabling the employee’s spouse and dependent children to join them in Switzerland. In some cases, spouses may also be granted work rights, which is an added benefit for families relocating to Switzerland.

• Flexible Permit Durations: The Swiss ICT Permit offers both short-term (L Permit) and long-term (B Permit) options, giving businesses flexibility in managing their workforce needs. The L Permit allows for a maximum of 24 months, while the B Permit allows for up to 5 years, providing businesses with the opportunity to assess the long-term viability of their operations in Switzerland.

  
  

Key Challenges of the Swiss Intra-Company Transfer Permit

• Limited to Employees of Multinational Companies: The Swiss ICT Permit is exclusively available to employees of multinational companies with a Swiss branch, subsidiary, or affiliate. Companies that do not have a direct link to Switzerland or are smaller businesses may not be eligible for this route, limiting its applicability.

• Strict Time Limits and Non-Renewability Beyond 5 Years: The L Permit is valid for a maximum of 24 months, while the B Permit is capped at 5 years. Once the 5-year limit is reached, the employee must leave Switzerland unless they apply for a different work permit. This can pose a challenge for companies that wish to retain their key employees for longer periods.

• Quota System and Market Regulations: Switzerland has an annual cap on the number of non-EU/EFTA work permits it grants. Depending on the demand, this quota may be reached quickly, and companies may face delays or complications if they do not meet the necessary criteria to secure a permit within the allocated number.

• No Pathway to Permanent Residency: Unlike other work permits that may lead to permanent residency (C Permit), the Swiss ICT Permit does not offer a direct pathway to permanent residency. Employees may need to explore other immigration options if they wish to settle in Switzerland long-term after their ICT Permit expires.

• Compliance with Swiss Salary and Employment Standards: Employers must ensure that the transferred employee's salary and working conditions comply with Swiss labor standards. This can be particularly challenging for companies unfamiliar with Swiss regulations or those managing employees from different global offices.

  
  

How Richmond Chambers Switzerland Can Help

At Richmond Chambers Switzerland, we offer expert immigration services tailored to multinational companies looking to transfer key employees to their Swiss branches, subsidiaries, or affiliates.

Our professional service for multinationals looking to transfer employees to Switzerland includes:

• Eligibility Assessment and Strategic Planning: We help businesses determine if the Swiss ICT Permit is the right option for their employee transfers. Our experts provide guidance on meeting eligibility requirements, including the 12-month prior employment rule and the need for the company to be a legally linked entity in Switzerland.

  
  

• Smooth Application Process: Our team manages the entire application process for ICT Permits, from preparing the required documentation to submitting the work permit and visa applications. We ensure that the process is fast, efficient, and compliant with Swiss regulations.

  
  

• Navigating Cantonal and Federal Procedures: We assist with both cantonal and federal approval processes, ensuring that applications meet the requirements set by both local cantonal authorities and the State Secretariat for Migration (SEM). Our experience with different cantonal practices helps minimise delays and ensures smooth processing.

  
  

• Family Reunification Guidance: We guide families through the family reunification process, ensuring that spouses and dependent children can join the employee in Switzerland. We also help determine if spouses are eligible for work rights, allowing families to make a smooth transition to Switzerland.

  
  

• Salary and Compliance Advisory: Our team provides expert advice on salary compliance and ensures that transferred employees’ compensation meets Swiss labor standards. We assist in aligning compensation packages with the requirements of Swiss law to avoid any compliance issues.

  
  

• Long-Term Strategic Planning for Talent Retention: While the Swiss ICT Permit is a temporary solution, our team can help businesses plan for future work permit options, including transitioning employees to other work permits if needed. We help companies devise long-term strategies for retaining their key employees in Switzerland.

Contact Our Immigration Lawyers in Switzerland

Contact us today to discuss how we can assist with your Swiss ICT Permit applications and help facilitate the transfer of key employees to Switzerland seamlessly. Call our immigration lawyers in Switzerland on +41 21 588 07 70 or complete our enquiry form below.