REPUBLIQUE
ET CANTON
DE GENEVE

Procedures - Work permits - 3rd countries

FIRST-TIME APPLICATIONS : B, L and G permits - Work permits valid for 120 days in a year

A work permit is necessary before taking up any employment, whatever its duration. The employment of foreigners without a permit shall be subject to a penalty (denunciation to the Public Prosecutor.

Gainful salaried activity

Any activity which normally provides an income is considered as gainful activity, even if it is carried out free of charge. Any activity carried out in particular as an apprentice, trainee, volunteer, social worker, artist or missionary is also considered as a salaried activity.

1. The following conditions must be met for the granting of a salaried work permit :
   • Observance of priority for the Swiss labour market and those of the EU / EFTA countries

     It is only when the Swiss and European labour markets have been explored in vain that an application for a national of another country can be lodged. At the time of the lodging of an application for a work permit, the employer must give proof :

     • that it has announced the vacancy of the post to the cantonal employment office at least 21 days in advance and that the placement service has not been able to find a candidate within a reasonable time;
     • that it has carried out an in-depth search in Switzerland and in the EU / EFTA countries with a view to finding a worker with the required qualifications (Swiss and European press advertisements, recourse to employment agencies, etc .);
     • that it cannot, for the post in question, train or have trained within a reasonable time a worker available on the Swiss labour market.
   • Qualifications of the worker (only executives, specialists and qualified workers can be admitted) for B and L permits
   • Proof of the right to a long term residence in a neighbouring country and of at least 6 months residence in the border zone (G permit)
   • Observance of the salary and working conditions customary in the particular field concerned
   • Availability of quotas for B and L permits



2. Procedure

   The application is always made by the employer

   The following documents are generally necessary for the examination of the application :

   • the application form M from the Service Etrangers at the OCP duly completed (or F for a cross-border application); this may be downloaded from their website
   • a covering letter describing the employer's situation, its projects and the reasons for the engagement of a national from another country;
   • evidence of the search carried out on the Swiss labour market and those of the EU / EFTA countries;
   • the copy of the contract of employment signed by the employer at least;
   • the curriculum vitae of the candidate and copies of the diplomas and certificates;
   • the situation of the personnel at the time of the application, number, nationalities, types of permits (e.g.: 2 Swiss, 1 C permit, 2 B permits, 1 G permit, 1 L permit, 2 N permits, 1 F permit, possibly, number of apprentices);
   • for a cross-border application, the proof of domicile in the border zone and the copy of the long term residence permit;
   • a copy of a valid national identity document;
   • 2 passport format photographs

   For all types of work permits, any application must - always - be lodged with the Service Etrangers at the OCP. It opens a personal file for each foreigner and carries out a preliminary examination.

   The service Etrangers then transfers the file to the service for the employment of foreign nationals for the continuation of the examination of the application. This latter is submitted, according to the circumstances, to the Tripartite Commission for the economy of the canton of Geneva.

   The proceedings before the commission last 2 to 3 weeks in routine cases. Decisions for stays of less than 4 months are made directly by the service for the employment of foreign nationals within 1 to 6 days.

   The decision may be qualified by restritive conditions (for example limited duration or permit restricted to that particular position with the employer).

   The employer is informed in writing of the favourable decision or of the refusal by the service de la main-d'oeuvre étrangère (MOE). An appeal against a decision of refusal is possible within 30 days following the notification from this latter. The appeal procedure is described in the letter of refusal sent to the employer.

   The MOE always returns the file on the foreign worker to the service Etrangers so that this latter may establish and issue the requested permit. The time needed depends on the possible information or additional documents to be provided to the service Etrangers by the employer.



3. Urgent cases

   If it is urgent for a foreign worker to take up an employment, a copy of all the documents lodged with the service Etrangers may be sent at the same time to the MOE. The application is then dealt with in parallel with the preliminary examination by the service Etrangers, thus making it possible to save considerable time (several weeks depending on the case ).

   Such urgent examinations must nevertheless remain the exception in order not to compromise the examination time of the other files, the competencies of the service Etrangers remaining reserved.

   Urgent cases must be justified, clearly announced as such and sent to :

   OCIRT, service de la main-d'œuvre étrangère
   35, rue des Noirettes - PO Box 1255 - 1211 Geneva 26 La Praille.



4. Particular case of paid activity: au pairs

   A short term work permit (12 months maximum, not extendable) may be granted to au pairs on the following conditions (art. 48 OASA and Federal directives):

   • the language spoken by the host family and the region must be different from that of the au pair;
   • the au pair is placed by an organization authorized to place employees ithin the meaning of the Federal Law on Permanent and Temporary Labour Recruitment Services (enclose the copy of the placement agreement);
   • the au pair is between 18 à 25 years old;
   • the engagement is subject to a written contract of employment defining the rights and duties of the au pair and the host family (enclose copy of the contract of employment );
   • the working conditions of the standard contract for au pairs majeures are observed (wages, schedule of work, etc );
   • the nature of the activities required corresponds to the au pair placement (no complex tasks);
   • the au pair has her own bedroom in the home of the host family;
   • the employer must insure the au pair against sickness with a health insurance fund in Switzerland and assume half the costs;
   • attendance at a language course is compulsory. The costs of schooling are the responsibility of the employer (enclose a proof of enrolment);
   • availability of quota.