Consultation on amendments to the law

The immigration system that the Federal Council has devised contains annual quantitative limits and quotas for all foreign nationals and provides that Swiss residents should be given priority when recruiting new staff. The admission of EU citizens will be regulated by the AFMP as before, but the Agreement will have to be amended in line with the constitutional requirements. The results of the negotiations being sought with the EU are therefore key to the draft legislation. For citizens of third countries, the draft legislation being submitted for consultation provides for quotas and the prioritisation of existing Swiss residents, as was previously the case.

Under the Federal Council proposals, the quantitative limits will apply to any persons staying in Switzerland for a period of four months or more in order to work, i.e. to both standard residence permits and to short-term residence permits. Cross-border commuters, family members, persons who are not working, refugees and temporarily admitted persons are also subject to the quantitative limits. The draft legislation requires the Federal Council to stipulate the quantitative limits and quotas. In the general economic interest, no rigid advance target for reducing immigration will be set. The Federal Council has based its decision on a survey of cantonal needs and on the recommendations of an immigration commission.

The draft further provides that the decision to prioritise existing residents must be assessed in each individual case. However, exceptions will be made in professions where there is a proven shortage of qualified workers: in such cases, a detailed assessment is not required. This solution takes account of differences in the jobs markets in the various sectors.