On February 4, 2026, the State Secretariat for Migration (SEM) informed the cantonal authorities of the implications of a Federal Supreme Court ruling issued on October 22, 2025, concerning the application of Article 38(2) of the Foreign Nationals and Integration Act (FNIA). Substantively, the Federal Supreme Court held that the current practice of the cantons and the SEM—which sought to limit or exclude professional mobility under Article 38(2) FNIA based on Article 33(2) FNIA—is unlawful.
In practical terms, this means that third-country nationals holding a residence permit (B permit) issued for the purpose of gainful employment may now freely change employers without requiring additional authorization. Cantons and the SEM may no longer restrict professional mobility when issuing or renewing such permits.
The SEM has, however, clarified that residence permits may still be subject to conditions under Article 33(2) FNIA, provided these conditions do not affect professional mobility. Such conditions may include:
- Temporal limitation linked to the duration of the employment contract
- Integration-related requirements (e.g., compliance with integration agreements, language skills)
- Conditions related to business performance for self-employed activities
- Recognition of foreign qualifications or professional licenses, particularly in regulated professions (e.g., healthcare)
This change in practice takes effect immediately and applies across all cantons. Nevertheless, the SEM intends, within the framework of future legislative amendments, to introduce a new legal basis in the FNIA that could temporarily allow professional mobility restrictions in certain cases—provided such restrictions comply with the principle of proportionality and consider the public interest.
Employers and foreign employees should take note of this development, as it significantly enhances employment flexibility for holders of B permits.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
