As of May 1, 2011, a new phase of the transitional arrangement imposed by the Swiss government on citizens of the so-called A8 countries, including the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia has entered into effect and citizens of the A8 countries for the first time enjoy full freedom of movement in Switzerland. They are no longer required to secure a work authorization in order to be able to lawfully work in Switzerland.

The transitional arrangements for A8 citizens have been in place since April 2006. Prior to May 1, 2011, the Swiss government exercised its right to restrict access to its national labor market by A8 citizens by strictly scrutinizing the qualifications of work permit applicants, the salary offered by the employer and the availability of skilled local workers to fill the positions offered to A8 citizens. Furthermore, the Swiss government imposed strict annual limits on the number of work permits that could be issued to A8 citizens.

It is important to note that the Swiss government has the ability to revisit its policy toward A8 nationals until May 31, 2014 under a "protection" provision of the transitional arrangements. However, the Swiss government may no longer require a labor market test or impose a salary control on A8 nationals as part of the immigration process. Rather, the Swiss government may restrict the number of residence/work permits that are made available to A8 nationals on an annual basis, but only if there is a significant increase in the number of A8 nationals seeking admission to Switzerland to exercise their freedom of movement. The earliest the Swiss government may revisit the quota issue again is May 1, 2012. 

In accordance with a resolution by the Swiss Federal Council, the transitional arrangements for citizens of the A2 countries (Bulgaria and Romania) have been extended until May 31, 2014. Therefore, A2 nationals will remain subject to strict work permit requirements coupled with a labor market test and strict annual limits. The only exception to this requirement are self-employed individuals. A2 nationals who seek to work in Switzerland as self-employed individuals enjoy full freedom of movement as of June 1, 2011.

The Swiss government also announced that it expects the quotas for short-term and long-term work permits available to A2 nationals to be fully exhausted for the current and next calendar year.

IRELAND: Visa Waiver Program Announced

On May 11, 2011, the Irish Minister of Justice announced the implementation of Ireland's first formal Visa Waiver Program (VFP). Under the VFP, citizens of 14 designated countries who are in the possession of a valid short-term visitor visa for the United Kingdom (UK) and who seek to enter Ireland from the UK for the purpose of a brief personal or business visit will no longer be required to apply for and obtain an Irish visitor visa. Under the current regulations, possessing a UK visitor visa does not permit visa nationals to enter Ireland without first applying for an entry visa at an Irish Diplomatic Mission abroad. The VFP will enter into effect on July 1, 2011 on a trial basis and is scheduled to remain in effect through October 2012.  The VFP applies to citizens of the following countries:

• Bahrain
• Belarus
• China
• India
• Kuwait
• Montenegro
• Qatar
• Russian Federation
• Saudi Arabia
• Serbia
• Turkey
• Ukraine
• United Arab Emirates
• Uzbekistan

The Irish government also hinted at the possibility of extending the VFP pilot or other special arrangements to citizens of the above-mentioned countries who are residing in the UK (i.e. as work permit holders) at the time of their entry to Ireland.

Action Items for Employers:

Citizens of countries that have been selected for participation in the VFP who are required to travel on business to the UK and Ireland are advised to first obtain a visitor visa from the appropriate British Diplomatic Mission and to plan their visit to Ireland immediately following the conclusion of the business visit to the UK (they cannot travel to Ireland via a third country). VFP participants must be careful to first enter the UK on their UK visa and then travel directly to Ireland from the UK, otherwise the visa exemption under the VFP will not apply and an Irish entry visa must be obtained.

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment's notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification.  Pro-Link GLOBAL worked with our PLG | KGNM correspondent offices to provide this GLOBAL Brief to you.