I have a job offer in Switzerland, my spouse is an EU citizen, does this affect my chances of acquiring a work visa?

Question

I am a non-EU citizen, currently living in South Africa with my wife who is an EU citizen. I have received an offer for a job in Switzerland and I want to know if my wife's status as an EU citizen can assist my application for a visa in any way?

Answer 1

It would not directly help your visa application. Under EU law, your freedom of movement rights are derived from those of your spouse: if she (wants to) live in Switzerland, you have the right to join her. That means for example that if she gets a job in Switzerland, you automatically qualify for a visa/residence permit that does allow you to work in Switzerland.

There are also other ways to benefit from these rules if she doesn't have a job but it is in any case a completely separate route to residence (the earlier question was about Germany but the rules for Switzerland are now very similar for all EU citizens except Croatian citizens). On the other hand, if she is not making use of her treaty rights to freedom of movement, Switzerland can (and would) treat you as any “third-country national“ (i.e. non-EU citizen) and apply the same standard to a work visa application as if you weren't married to an EU citizen.