Residence for employment purposes includes
- Self-employed work and
Employment refers to non-freelance work, in an employment contract in particular. Determinants of employment are activity based on instructions and integration in the work organisation of the instruction giver. The term employment also includes apprenticeship in a company and further training in a company.
The new residence law retains the principle of the recruitment ban which has been valid since 1973 (work migration only where approved in legal ordinances) for foreign employees from countries which are not members of the European Union (EU), the European Economic Area or Switzerland.
That means that with the exception of highly qualified persons, employment permits can only be granted in certain (justified) individual cases, especially in professions which require qualified professional training, or for citizens from certain countries and then only when the employment is in the interest of the public. A residence permit can only be granted if the applicant has a specific job offer. A residence permit can be renewed for employment purposes as a temporary employment permit.