The pursuit of a self-employed activity in Switzerland by a foreign national is subject to rules that vary according to the person's origin. EU/EFTA nationals benefit from freedom of establishment, while third-country nationals face restrictive conditions centred on the economic interest for Switzerland. PBM Avocats assists you in structuring your project and the immigration formalities in Geneva and Lausanne.
Two Distinct Regimes According to Origin
EU/EFTA Nationals: Freedom of Establishment
Under the AFMP, nationals of the 27 EU member states and EFTA member states (Norway, Iceland, Liechtenstein) have the right to pursue a self-employed activity in Switzerland under the same conditions as Swiss nationals. They need only:
- Prove the effective pursuit of a genuine self-employed activity (not fictitious)
- Have sufficient resources not to be dependent on social assistance
- Take out health insurance valid in Switzerland
The B permit granted is valid for 5 years and renewable. No particular economic interest condition is required.
Third-Country Nationals: Restrictive Conditions
For nationals of states that are not EU/EFTA members, the pursuit of a self-employed activity in Switzerland is subject to the strict conditions of art. 19 FNIA:
- Economic interest for Switzerland
- Sufficient own funds to finance the project
- Realistic and documented business plan
- Proven professional qualifications
- Compliance with the priority principle (nuanced for self-employed persons)
- Annual quota (within federal quotas)
| Criterion | EU/EFTA | Third countries |
|---|---|---|
| Freedom of establishment | Yes (AFMP) | No |
| Economic interest required | No | Yes (art. 19 FNIA) |
| Quota | No | Yes |
| Business plan | Recommended | Mandatory |
| Minimum own funds | Subsistence | CHF 100,000 to 200,000 (indicative) |
Economic Interest: Assessment Criteria
For third-country nationals, economic interest for Switzerland is the central criterion of the authorities' assessment. It may manifest itself in several ways:
- Creation of local jobs: the business will employ workers residing in Switzerland
- Innovation and technology: innovative project in a cutting-edge sector (fintech, biotech, cleantech)
- Unique know-how: expertise that Switzerland does not possess in sufficient numbers
- Significant investments: contribution of substantial own capital
- International commercial relations: access to foreign markets for the Swiss economy
- Technology transfer: contribution of technologies or patents benefiting Switzerland
The Business Plan: A Decisive Document
For self-employed persons from third countries, the business plan is the cornerstone of the immigration file. It must include:
- Precise description of the envisaged activity and the business model
- Analysis of the Swiss market and competition
- Forward-looking financial plan over 3 to 5 years (revenues, costs, profitability)
- Proof of available own funds to finance the start-up
- Detailed CV and evidence of professional qualifications
- Any letters of intent from clients or preliminary contracts
- Demonstration of economic interest for Switzerland (jobs created, investments, etc.)
The Procedure Steps
- Step 1: Legal consultation and preparation of the file
- Step 2: Filing of the file with the cantonal authority (OCPM in Geneva, SPOP in Vaud)
- Step 3: Transmission to FSMI for decision (third-country nationals)
- Step 4: Decision — approval or reasoned refusal
- Step 5: Registration in the commercial register, obtaining the UID number, OASI/DI affiliations
- Step 6: Annual renewal with proof of effective activity
PBM Avocats assists you in the design and presentation of your self-employment project in Switzerland, from drafting the business plan to formalities with the immigration authorities. Our combined expertise in immigration law and commercial law guarantees you a comprehensive and coherent approach to your establishment project in Geneva or Lausanne.
Frequently Asked Questions on the Self-Employed Foreigner Permit in Switzerland
What specific conditions apply to self-employed foreigners from third countries?
For third-country nationals wishing to pursue a self-employed activity in Switzerland, the FNIA requires: (1) an economic interest for Switzerland (value added, creation of local jobs, innovation, etc.); (2) sufficient own funds to finance the business and ensure subsistence (generally at least CHF 100,000 to 200,000 depending on the project); (3) a solid and realistic business plan; (4) proven professional qualifications in the relevant field; and (5) the absence of prior immigration and criminal problems. Quotas also apply to self-employed persons from third countries.
Can EU/EFTA nationals freely pursue a self-employed activity in Switzerland?
Yes. Under the AFMP (Agreement on the Free Movement of Persons), nationals of EU member states and EFTA states have the right to pursue a self-employed activity in Switzerland under the same conditions as Swiss nationals. They receive a 5-year B permit upon presenting proof that they are effectively pursuing a self-employed activity (registration in the commercial register, first invoices, client attestations, etc.). No particular economic interest condition is required.
What is the economic interest for Switzerland in the sense of the FNIA?
The economic interest is assessed according to several criteria: the contribution of unique or rare know-how to Switzerland, the creation of jobs for Swiss or EU/EFTA residents, investments in Switzerland, the contribution to strategic or innovative sectors of activity, the effect on the local economy (orders to local suppliers, etc.). A purely individual project without job creation and without particular added value for the Swiss economy has less chance of being accepted. The FSMI and the cantons assess this interest at their discretion.
Can a non-resident foreigner create a company (GmbH, AG) in Switzerland?
Yes, a non-resident foreigner may create a GmbH or an AG in Switzerland. The company may be registered in the commercial register. However, to pursue a commercial activity in Switzerland, the managers and directors must have a valid residence and work authorisation. It is also possible to have an authorised domiciliary representative in Switzerland. The creation of the company does not in itself confer a right of residence. PBM Avocats advises you on the optimal legal structure and immigration status.
How to prove the effective pursuit of a self-employed activity for permit renewal?
At the time of annual or five-yearly renewal of the self-employed permit, the cantonal authority verifies that the self-employed activity is still effective. The required evidence includes: the latest tax return with self-employed activity income, professional account statements, invoices issued, client contracts, commercial register extract if applicable, and OASI attestations. If the self-employed activity has ceased or generates insufficient income, renewal may be refused.