If a foreign national is refused a residence permit, he or she may, under certain conditions, lodge an appeal against the final cantonal decision with the Federal Supreme Court. The prerequisite is, of course, that the general requirements for an appeal, such as compliance with the appeal procedure, etc., are met.

The administrative court appeal is only admissible if there is a claim to a residence permit. However, according to the case law of the Federal Supreme Court, the requirement of a claim to a residence permit can be waived by way of exception – contrary to the wording of the law.