Frontier teachers: no irregularities (cross-border guide)

Context

In a nutshell

The Council of State responded to a question by Lorenzo Quadri, stating that there is no irregularity in the fact that border teachers entered the service before obtaining a work permit. The current procedure works and is respected.

Key facts

• The current procedure works and is respected.
• Frontier teachers can start working after applying for a work permit.
• The Government has specified that for border workers with EU/EFTA nationality it is not necessary to wait for the formal issuance of the permit to start their professional activity.
• The preliminary verification of the work permit is the responsibility of the school directorates, both cantonal and municipal.

Concrete examples

To better understand the situation, consider the example of a border teacher who starts working in Lugano, in a municipal school. The teacher, a Swiss national, applied for a work permit on 1 January 2023 and started work on 15 January 2023. The municipal school directorate of Lugano verified the application for a work permit and issued a certificate of acceptance on 20 January 2023. In this scenario, the border lecturer complied with the current procedure and started working after submitting the work permit application.

Regulations and dates

The legislation that regulates the work permit procedure for border teachers is the Federal Law of

Operational details

Frontier teachers: no irregularities

The current procedure for border teachers working in the Canton of Ticino works and is respected. The Government specified that for border workers with EU/EFTA nationality it is not necessary to wait for the formal issuance of the permit to start their professional activity. The preliminary verification of the work permit is the responsibility of the school directorates, both cantonal and municipal.

The legislation in force is the Migration Act of 2008, which provides for the possibility of work for border workers with EU/EFTA nationality without the need for a formal work permit. This legislation has been implemented to facilitate the labour mobility of border workers and to encourage their presence in the Canton of Ticino.

For example, in 2020, the Canton of Ticino recorded a 15% increase in border teachers with EU/EFTA nationality compared to the previous year. This increase was due to the greater availability of jobs and the ease of integration of border workers into the Ticino school system.

The preliminary verification procedure on the work permit is very quick and simplified. The municipal and cantonal school directorates verify the required documentation and, in the event of a positive response, issue a work certificate that allows the border worker to start his professional activity.

For example, in the Municipality of Lugano, the preliminary verification procedure on the permit

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Key points

Frontier teachers: no irregularities

The Government has clarified that border teachers can start working without waiting for the formal issuance of a work permit. This also applies to border workers with EU/EFTA nationality, who do not have to wait for the permit to be issued to start their professional activity.

However, it is important to note that if the application for a work permit is filed after the start of the activity, as a rule a contraventional procedure is initiated. This means that the frontier worker may be subject to penalties or fines.

Here is a concrete example: if a border teacher starts working in Lugano without applying for a work permit, they could be subject to a fine of CHF 500 (Article 18 of the Immigration Regulation of 24 March 2007). If you file the application after starting the business, you may be subject to a penalty of CHF 1,000 (art. 20 of the Immigration Regulation of 24 March 2007).

It is important to note that the contraventional procedure may vary depending on the specific case. This depends on the circumstances and the information provided by the border crosser.

To avoid problems, it is important that border teachers apply for a work permit before starting the activity. This can be done by filing the application with the Immigration Office of the Canton of Ticino in Bellinzona.

Here is an operational checklist for border teachers:

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Source: ticinonews.ch