Agreement on the Free Movement of Persons with the EU and implementing ordinance.
Last reviewed
03.06.2026
Statute as of
01.06.2002 (in-force date); current consolidation 2024
Statute citations
3 linked
Reading time
21 min read
As of: 01.06.2026 · Snapshot
Agreement on the Free Movement of Persons (FZA) and the Free Movement of Persons between Switzerland and the EU/EFTA — Glossary
Frequently asked
4 answers on this topic.
Concrete questions people ask about AFMP · VFP — Glossary.
The Agreement on the Free Movement of Persons (SR 0.142.112.681) grants EU citizens extensive rights: residence for the purpose of employment (art. 6, Annex I, Agreement on the Free Movement of Persons), residence without employment with sufficient means (art. 24, Annex I, Agreement on the Free Movement of Persons), settlement after 5 years, family reunification (art. 3, Annex I, Agreement on the Free Movement of Persons), and recognition of professional qualifications. It has been in force since 1 June 2002.
: in force since 1 June 2002, consolidated version 2024.
Status
: AI draft, pending review by the supervising lawyer of record (Geneva Bar Association).
This post explains the Agreement of 21 June 1999 between the Swiss Confederation, on the one hand, and the European Community and its Member States, on the other hand, on the free movement of persons (short: FZA, SR 0.142.112.681) and the related Swiss implementing ordinance (VEP/VFP). It forms the legal framework for approximately half of the foreign resident population in Switzerland.
1. Overview — What is the AFMP?
The AFMP is a bilateral agreement between Switzerland and the European Union (and its then and current member states). It was signed on 21 June 1999 and, together with the other six agreements of the Bilateral I package, entered into force on 1 June 2002. The AFMP governs the free movement of persons between Switzerland and the EU states and applies in parallel to the EFTA states (Norway, Iceland, Liechtenstein) under the Agreement amending the EFTA Convention of 21 June 2001 (Vaduz Convention).
The AFMP is essentially an agreement that codifies four key rights:
Immigration and residence law for nationals of the contracting parties.
Right to engage in gainful employment as an employee or self-employed person.
Right to provide services on a limited basis.
Equal living, employment and working conditions as for nationals (principle of equal treatment of nationals, AFMP Art. 2).
The agreement is supplemented by three annexes:
Annex I: Freedom of movement (the core of the substantive rights).
Annex II: Coordination of social security systems (refers to EU Regulations 883/2004 and 987/2009, as applicable).
Annex III: Mutual recognition of professional qualifications.
At the national level, the AFMP is implemented by the Ordinance on the Implementation of the Agreement on the Free Movement of Persons (VFP, SR 142.203). The EU-relevant chapters of the Ordinance on Admission, Residence and Employment (OASA, SR 142.201) supplement the procedural law.
2. Scope of application — Who is eligible for AFMP?
The AFMP applies to nationals of EU member states as well as to nationals of the EFTA states (with the exception of Liechtenstein, see section 7 below). As of 2024, these are:
United Kingdom (UK): Following its withdrawal from the EU on 31 January 2020 and after the end of the transition period on 31 December 2020, the UK is no longer covered by the AFMP. Existing rights for British nationals who were resident in Switzerland before 1 January 2021 are protected under the Switzerland-UK Agreement on Acquired Rights (see section 5).
Third-country nationals (including family members, unless they derive their right from an AFMP permit holder): are subject to the Federal Act on Foreign Nationals and Integration (AIG, SR 142.20) — stricter admission provisions with quotas and priority for nationals.
3. Categories of the Free Movement of Persons
The AFMP distinguishes between seven categories of persons who may derive residence rights (AFMP Annex I, Art. 4 et seq.):
3.1 Employees (AFMP Annex I Art. 6 et seq.)
Persons who are in employed work in Switzerland. The requirement is a contract of employment or confirmation of employment from a Swiss employer. There are no longer any quotas and no longer any priority for nationals (since the transitional provisions were repealed, see section 6).
3.2 Self-employed persons (AFMP Annex I Art. 12 ff.)
Persons who wish to engage in self-employed gainful activity in Switzerland. Proof is typically provided by means of a business plan, extract from the commercial register, business accounting records or comparable documents.
3.3 Service providers (AFMP Annex I, Art. 17 et seq.)
Persons who provide temporary services in Switzerland. The AFMP allows the provision of services for up to 90 days per calendar year without a permit being required (so-called 8-day advance notification procedure from the 1st day for certain high-risk sectors; a regular permit is required from the 91st day).
3.4 Students (AFMP Annex I Art. 24)
Persons who are undertaking training or education in Switzerland. Requirements: proof of enrolment at a recognised educational institution, sufficient financial resources, health insurance.
3.5 Job seekers (AFMP Annex I Art. 2 para. 1)
EU/EFTA nationals are allowed to stay in Switzerland for up to 6 months to look for work. During this period, they are not entitled to social assistance.
3.6 Non-working persons (AFMP Annex I Art. 24)
Pensioners and other non-working persons are granted a right of residence if they have sufficient financial resources to avoid becoming dependent on social assistance and have health insurance cover that covers all risks.
3.7 Family members (AFMP Annex I Art. 3)
Family members of a person entitled to an FZA permit have a derived right of residence, regardless of their own nationality (including third-country nationals). The definition of family is broader than in the AIG (Art. 42-50 AIG):
Spouses and registered partners.
Descendants (children, grandchildren) who are under 21 years of age or dependent.
Relatives in the direct ascending line (parents, grandparents), provided that they are entitled to maintenance.
For students: only spouses and dependent children.
This broader definition means that the parents of an FZA-entitled employee may, under certain conditions, be eligible for family reunification – this is not generally provided for under the AIG regime.
4. Residence permits under the AFMP
The AFMP permits bear the designation EU/EFTA in the foreign national’s identity document to distinguish them from the FNIA permits for nationals of third countries:
4.1 L short-term permit EU/EFTA (AFMP Annex I, Art. 6)
Duration: up to 12 months, renewable.
Requirement: Employment contract for a period of 3 to under 12 months.
Switch to B EU/EFTA permit: possible once the duration of employment is 12 months or more, or a new employment contract of at least 12 months is in place.
4.2 B residence permit EU/EFTA (AFMP Annex I Art. 6 and 10)
Duration: 5 years, renewable.
Requirement: Employment contract for a period of 12 months or more or of indefinite duration; or self-employment; or non-gainful activity with sufficient means; or studies.
Principle of equal treatment of nationals and foreign nationals: equal access to the labour market, social benefits (with the exception of the job-seeking phase), and the right to pursue a profession, as enjoyed by Swiss nationals (AFMP Art. 2 in conjunction with Annex I Art. 9).
4.3 C settlement permit EU/EFTA (AFMP Annex I Art. 6 para. 6)
The C settlement permit is not definitively regulated in the AFMP. It is granted on the basis of bilateral settlement agreements between Switzerland and individual EU member states. There are two scenarios:
5-year permit: for nationals of states with which Switzerland has a bilateral settlement agreement providing for facilitated C permits. This historically applies in particular to Germany, France, Italy, Austria, Belgium, the Netherlands, Liechtenstein, Spain, Portugal, Greece, and Denmark.
10-year permit: for nationals of EU states without such a bilateral agreement (in particular, the central and eastern European accession states from 2004), after 10 years of uninterrupted residence.
Material requirements (integration, no dependence on social welfare, no loss certificates, no serious criminal offences) apply in the same way as in the AIG regime (Fedlex·Art. 34 AIG in conjunction with OASA).
4.4 G cross-border permit EU/EFTA (AFMP Annex I Art. 7 and 28)
Duration: 5 years, renewable.
Requirement: Residence in an EU/EFTA member state in a border area; daily or at least weekly return to the place of residence.
Geographical area: since 1 June 2007, the restriction to the defined border zones has been lifted – the G permit can, in principle, be issued for any place of work in Switzerland, provided that weekly return journeys are proven.
5. Brexit and the Switzerland-UK Agreement on Acquired Rights
With the United Kingdom’s withdrawal from the EU, Switzerland is divided into two regimes for British nationals:
British nationals who were resident in Switzerland before 1 January 2021: retain their rights under the Agreement of 25 February 2019 between Switzerland and the United Kingdom on the rights of citizens following the United Kingdom's withdrawal from the European Union and the termination of the Agreement on the Free Movement of Persons (so-called Acquired Rights Agreement / Withdrawal Agreement Citizens' Rights). These persons will receive the Ci UK-WA permit – unless they already have a regular EU/EFTA permit – or will retain their existing EU/EFTA permit with an endorsement. The key AFMP rights (residence, employment, family reunification, social security) will remain in place for this group of persons.
British nationals arriving after 1 January 2021: are treated as third-country nationals and are fully subject to the FNIA regime (quotas, priority for resident workers, increased qualification requirements for employees, etc.).
6. EU accession phases and historical transitional provisions
The AFMP has been supplemented with protocols for each EU enlargement, providing for transitional periods for the respective new member states. These transitional provisions have now all expired (as of 2024):
EU-15 (founding and early member states, AFMP came into force on 1 June 2002): the transitional period ended gradually; full freedom of movement has been in place since 1 June 2007.
EU-8 (accession on 1 May 2004: Estonia, Latvia, Lithuania, Poland, Slovakia, Slovenia, Czech Republic, Hungary): integrated via Protocol I (in force on 1 April 2006). Full freedom of movement since 1 May 2011.
EU-2 (accession on 1 January 2007: Bulgaria, Romania): integrated via Protocol II (in force from 1 June 2009). Full freedom of movement since 1 June 2016.
Croatia (accession 1 July 2013): integrated via Protocol III (in force 1 January 2017). Full freedom of movement since 1 January 2022 (or according to the SEM announcement of 1 January 2023, depending on the source — please verify the latest SEM information).
The historical distinction between EU-15, EU-8, EU-2 and Croatia was primarily relevant for quotas, priority for nationals and priority for the control of wages and working conditions. Today, these differences have been virtually completely eliminated.
7. EFTA Agreement and Special Status of Liechtenstein
The 2001 amendment to the EFTA Convention (Vaduz Agreement) aligns the AFMP rules for the EFTA states of Norway and Iceland. For AFMP purposes, these two states are essentially treated the same as the EU.
Liechtenstein occupies a special position:
Switzerland and Liechtenstein are linked by a separate bilateral agreement dating from 1923 (Agreement on the accession of the Principality of Liechtenstein to the Swiss customs territory of 29 March 1923).
Liechtenstein maintains a separate quota system for residence permits, which applies to Switzerland and the EU/EFTA and does not follow the AFMP logic.
Swiss nationals working in Liechtenstein, or vice versa, Liechtenstein nationals working in Switzerland, are subject to a separate bilateral regime, which is managed in detail by the SEM and the Liechtenstein Office for Foreign Nationals and Passports (APA).
In SIP advisory practice: If Liechtenstein is involved as the source or destination country, always initiate a separate source check and do not refer to the AFMP.
8. Family reunification under the FZA (Annex I, Art. 3)
Family reunification under the FZA is in several respects broader than under the AIG:
No waiting period requirement for family reunification (unlike LEI/LStrI/FNIA Art. 47, which provides for certain time limits).
Extended category of persons: not only spouses and minor children, but also adult children and parents/grandparents who are entitled to maintenance.
Family members of third-country nationals: the derived right of residence applies regardless of the nationality of the family member. A German national with a Filipino spouse can bring the spouse to Switzerland under the FZA, even if the spouse has never lived in an EU/EFTA state before (subject to the case law on the Akrich/Metock complex — Swiss case law has generally followed the ECJ case law in Metock since BGE 136 II 5).
Independent right to work for family members who have joined the family: Annex I, Article 3(5) grants family members – regardless of their nationality – an independent right to take up employment.
Material requirements: adequate accommodation (AFMP Annex I, Art. 3 para. 1 lit. b) and no dependence on social welfare.
9. Validity of acquired rights (AFMP Art. 13 and Annex I)
The AFMP protects existing rights of residence after the end of employment:
Retirement in Switzerland: Annex I, Article 7 grants employees who reach the statutory retirement age in Switzerland a permanent right of residence (subject to certain conditions).
Incapacity for work: in the event of permanent incapacity for work, the right to remain also applies (Annex I, Art. 7 para. 1 lit. b and c).
Death of the employee: surviving family members retain their right of residence, subject to certain conditions (Annex I, Art. 7 para. 1 lit. d).
Cessation of gainful employment while a B permit is valid: in the event of involuntary unemployment within the first 12 months, the permit can be extended for 6 months; thereafter, renewal is conditional on resuming gainful employment or providing proof of sufficient means (case law is evolving – see decisions of the Federal Supreme Court 2C_390/2013, 2C_412/2014, as well as case law of the Court of Justice of the European Union Ziolkowski, Saint Prix).
9.1 Case law relating to the continued existence of rights
The interpretation of AFMP Annex I, Articles 6 and 7 has, over the last two decades, been developed through extensive case law of the Federal Supreme Court and – with significant impact on AFMP Article 16(2) – of the Court of Justice of the European Union. The following guidelines have been established:
Worker Status: A person is a worker within the meaning of the FZA if they perform actual and genuine work that is not of a completely minor and insignificant nature (ECJ Levin, Case 53/81; Lawrie-Blum, Case 66/85). There are no fixed thresholds for the number of hours or the amount of remuneration – the overall assessment is decisive.
Involuntary unemployment: Involuntary unemployment occurring before the expiry of a permit does not automatically lead to the revocation of the permit. Annex I, Art. 6 para. 6, which stipulates that the permit must remain valid for at least the duration of entitlement to unemployment benefits, is decisive. The Federal Supreme Court has clarified the boundaries between the status of an employee and a job seeker for involuntarily unemployed persons in several decisions (in particular, BGE 141 II 1, 2C_390/2013, 2C_412/2014).
Receipt of social welfare and right of residence: The question of whether, and under what conditions, receipt of social welfare may lead to the termination of the AFMP right of residence has been addressed in a nuanced manner by the Federal Supreme Court. For employees, receipt of social welfare is generally not a ground for revocation. For non-working persons and job seekers, increased and prolonged receipt of social welfare may lead to the loss of the material requirement for the permit (sufficient means). Reference is made here to the detailed consultation – this issue is one of the most common areas of conflict between cantonal migration offices and those affected.
Relationship between the grounds for revocation under the FZA and the grounds for revocation under the AIG: The FZA contains in Annex I, Article 5, an independent public policy clause (public order, safety and health). This is narrower than the grounds for revocation under the AIG in Articles 62 and 63 AIG. The revoking measure must be justified by the personal conduct of the person concerned; general preventive considerations are not sufficient (ECJ Bouchereau, Case 30/77; BGE 130 II 176).
10. Safeguard clause and possibility of suspension (AFMP Art. 14)
The AFMP contains a safeguard clause (also known as a derogation clause or escape clause) in Article 14(2) (Joint Committee) and in Protocol III or the Protocols of Accession:
In the event of significant economic or social difficulties resulting from the free movement of persons, a contracting party may introduce unilateral safeguard measures, including the temporary reintroduction of quotas.
Switzerland has made use of this clause on several occasions, most recently in relation to Croatia during the period following the entry into force of Protocol III.
A general suspension of the AFMP is legally possible through termination (AFMP Art. 25); politically, this would be linked to the guillotine clause of Bilateral I – termination of the AFMP automatically triggers the expiry of the remaining six agreements in the Bilateral I package.
11. Bilateral Agreement I and the institutional framework
The AFMP is one of seven agreements in the Bilateral I package of 21 June 1999, which has shaped Swiss-European relations ever since:
Agreement on the Free Movement of Persons (AFMP — current contribution).
Technical barriers to trade (MRA).
Public procurement.
Agriculture.
Inland transport.
Air transport.
Research.
The seven agreements are legally linked by the guillotine clause: the termination of one agreement automatically leads to the termination of all the other six.
The political context also includes the institutional framework agreement (the so-called InstA / Switzerland-EU framework agreement), which was negotiated from 2014 to 2021. The Federal Council terminated the negotiations on 26 May 2021. Since then, a new negotiating mandate and an alternative package-based negotiating solution have been in preparation (as of 2024 — please consult the latest EDA/SEM announcements).
The institutional discussion only indirectly concerns the AFMP: the agreement is in force and is being applied; any new provisions on protection, wage protection or immigration would, if necessary, be the subject of a new package of agreements.
11.1 Coordination of social security (AFMP Annex II)
Annex II of the AFMP transfers the EU Regulations 883/2004 and 987/2009 on the coordination of social security systems in the version applicable between the contracting parties. The coordination covers:
Determination of the applicable law (Lex Loci Laboris principle — in principle, the law of the state of employment applies; special rules for seconded employees, simultaneous employment in several states, cross-border workers).
Aggregation of insurance periods for the determination of entitlement to pensions, sickness benefits, and unemployment benefits.
Export of cash benefits (in particular, pensions from the first and second pillars) to other contracting states.
Cash benefit assistance in the event of illness (European Health Insurance Card EHIC between EU states; similar assistance for Switzerland).
The coordination practice is enshrined in the Centralised-International-Information-Exchange-System (EESSI) and is managed on the Swiss side by the Swiss Liaison Agency for Social Security (ZAS, Geneva) and the competent social insurance providers.
Practical relevance for SIP advice:
Cross-border commuters with G EU/EFTA permits: Obligation to have health insurance in Switzerland (KVG) with the option of choosing the country of residence (France, Italy, Germany, Austria, Liechtenstein) — the option is limited in time and irrevocable.
Posted workers: A1 certificate from the home state; duration typically 24 months, extendable to 5 years under special agreements.
Pension Export: AHV/IV pensions are paid out to all EU/EFTA states. However, IV pensions for foreign insured persons in third countries are subject to restrictive rules (see detailed information on AHVG/IVG).
11.2 Recognition of professional qualifications (AFMP Annex III)
Annex III of the AFMP incorporates EU Directive 2005/36/EC on the recognition of professional qualifications. There are three recognition systems:
Automatic recognition for seven sectoral professions (doctors, dentists, pharmacists, veterinarians, midwives, general nurses, architects).
General system for other regulated professions — recognition subject to a possible adaptation course or aptitude test.
Recognition of professional experience for certain craft, commercial and industrial occupations.
Relevant Swiss authorities (selection):
State Secretariat for Education, Research and Innovation (SERI): general system, advanced vocational training, university degrees.
Federal Office of Public Health (FOPH): Healthcare professions.
Federal Office of Justice (BJ): Notaries (varying considerably at cantonal level), certain legal professions – whereby the legal profession monopoly is governed independently by the Federal Act on the Legal Profession (LLCA, SR 935.61), and EU lawyers register their professional practice with the Federal Bar Register (BFR) and the cantonal bar registers.
12. Procedure and competent authorities
Registration in Switzerland: within 14 days of arrival and before starting work, at the residents’ registration office of the municipality of residence.
Grant of permit: by the cantonal migration office (e.g. Office cantonal de la population et des migrations [OCPM] Geneva, Migration Office Canton of Zurich, Service de la population [SPOP] Vaud, etc.).
Federal supervision: State Secretariat for Migration (SEM), in particular for fundamental questions of interpretation.
Appeal procedure: ruling of the cantonal migration office → cantonal administrative or appeal authority → Federal Administrative Court (FAC) → in rare cases, the Federal Supreme Court (BGer).
A cross-border social security coordination application typically runs via the relevant social insurance providers (pension funds for AHV/IV, health insurers, Suva for accident insurance) in application of EU Regulation 883/2004 and 987/2009 in the version adopted by the AFMP in Annex II.
Anti-Scope (what this contribution does not replace)
Individual assessment for specific situations (mixed family situations, detailed provisions on the protection of rights acquired before Brexit, special cases relating to Liechtenstein, receipt of social assistance and revocation of an AFMP permit).
Detailed tax and social security advice for cross-border commuters or employees seconded to Switzerland: separate advice is required.
Current political situation regarding Switzerland-EU relations (institutional negotiations): this may have changed between the date of creation and the date of reading – please consult current sources.
VEP/VFP, SR 142.203 — Ordinance on the implementation of the free movement of persons (https://www.fedlex.admin.ch/eli/cc/2007/759/de — Label according to the SIP-V3 convention "OASA (EU-relevant chapters)")
Note on the current version: The AFMP and its annexes are periodically updated by decisions of the Joint Committee Switzerland-EU (in particular Annex II on social security and Annex III on the recognition of qualifications). Before using this document for any practical purpose, the latest consolidated version on Fedlex should be checked, as well as the current SEM Instruction I/4.7 on the free movement of persons.
Reviewer requirement (ADR-018): This item requires CLR (Lawyer-of-Record, pending entry in the cantonal bar register), to sign it off before it goes live. Until then, the status is AI-DRAFT.
As of: 01.06.2026 · Snapshot
Reflects the cited law as of the snapshot — not a check of current force.
