Switzerland is a key hub for multinational groups, and intra-company mobility is essential to many international operations. In theory, the GATS transfer regime, implemented in Switzerland under the Foreign Nationals and Integration Act (LEI), provides a clear legal pathway to relocate executives and specialists.
In practice, it has become one of the most misunderstood and tightly controlled immigration channels.
Not a formality
A GATS transfer is not an automatic right. Approval depends on strict conditions: the employee’s real seniority and decision-making power, proven specialist expertise, sufficient group tenure, Swiss market-aligned salary levels, and the genuine business need of the Swiss entity.
Missing one element is enough to trigger a refusal.
Increasing scrutiny
Swiss authorities now examine GATS cases not only from an immigration perspective, but also through the lens of labour law compliance and wage protection. Permit applications are frequently reviewed alongside employment contracts, remuneration structures and actual operational roles.
What starts as a mobility project can rapidly evolve into a broader compliance assessment.
A structural risk for international groups
Most problems arise from incorrect internal assumptions: inflated job titles, home-country salary benchmarks, unclear reporting lines or insufficient group seniority. These issues are often discovered too late — after the employee has already relocated or a project has started.
As Switzerland continues to support international mobility, it also enforces it rigorously. Mobility is welcome. Non-compliance is not.
Why early advice matters
For companies transferring staff to Switzerland, GATS is no longer a technical HR process. It is a strategic risk area.
A legal assessment before initiating a transfer can prevent refusals, delays, operational disruption and reputational exposure.
Article by Ara Samuelian
Samuelian Immigration Law (SIL) advises multinational companies on structuring and securing GATS/LEI transfers in Switzerland, ensuring international mobility remains a business enabler — not a liability.
Does your organisation have plans of future hires or international transfers ?
Samuelian Immigration Law (SIL) can support you in assessing the potential impact and adjusting your workforce and mobility strategy.
Get in touch and Contact SIL for guidance or case-specific advice.
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