Early granting of settlement permit C.
Foreign nationals who hold a residence permit and have successfully integrated can apply for a settlement permit to be issued early after an orderly and uninterrupted stay of five years. There are various cumulative criteria that the applicant must meet in order to establish successful integration and to be granted a settlement permit early. In principle, families (married couples or parents with underage children) can only submit an application for early issue of a permanent residence permit together. 

For applications from single adult foreigners, it is assumed that they have an absolutely impeccable reputation, that they provide a certificate attesting to their command of the German language according to level B1 of the European Language Portfolio (oral and written) and that they have been gainfully employed during the last five years of their stay in Switzerland and have never had to be supported by social welfare.

Children who are not yet of school age are included in their parents’ decision. Children up to the age of twelve who are required to attend school must provide a confirmation from the school authorities which provides information about their performance at school and certifies that they are well integrated (including an assessment of their German language skills). Minor children over the age of twelve must meet the same requirements as adult individuals.

The time requirements for nationals of certain countries are already fulfilled after an uninterrupted and proper stay of five years on the basis of settlement contracts and settlement agreements.

In the case of EU or EFTA nationals, the granting of a permanent residence permit is governed by the provisions of the FNIA and the settlement agreements, as the Agreement on the Free Movement of Persons with the EU does not contain any provisions on permanent residence permits.

Citizens of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and EFTA (Iceland, Liechtenstein and Norway) are granted a permanent residence permit on the basis of settlement agreements or on the basis of reciprocal rights after a proper and uninterrupted stay of five years, provided they meet the necessary requirements. No such agreements exist for nationals of other EU member states.

Appeal Lawyer: / Revocation of a permanent residence permit C in Switzerland.

In Switzerland, a permanent residence permit (C permit) can be revoked provided certain conditions are met, which are set out in the Foreign Nationals and Integration Act (FNIA). The grounds for revocation include significant or repeated violations of public safety and order, a long-term prison sentence or a threat to internal or external security. Revocation may also occur if material facts were concealed or concealed during the permit procedure.

The longer the person has been in Switzerland, the stricter the requirements for revoking a C permit. The settlement permit of persons who have lived in Switzerland for more than 15 years or were born here should only be revoked with particular caution. Revocation is possible if the person has been sentenced to a long-term prison sentence of more than one year. Several custodial sentences of less than one year may not be cumulated (BGE 139 I 31 E.2.1).

In the case of repeated and serious criminal offenses, revocation is not ruled out even if the person was born in Switzerland and has spent their entire life in Switzerland. In the case of violent crimes, the Federal Supreme Court protects the revocation of a person’s home country if the public interest in the person’s departure outweighs their private interest in remaining in their home country (Federal Supreme Court ruling 2C_642/2016 of July 20, 2017).

Should you be faced and affected by such cases, you should seek advice from an experienced immigration lawyer to check your rights and legal options.

We provide answers to all legal questions relating to immigration law in Switzerland. We can help you in all matters relating to, issuing and revocation of visas, residence permits, permanent residence permits, marriage and family reunification, reverse family reunification, divorce and right to be heard, statements, appeals, complaints, Zurich Migration Office, Aargau and much more.

We provide you with competent and solution-oriented support and represent you with a great deal of practical experience before the Zurich Migration Office and the courts of the Canton of Zurich. Our attorneys are registered in the Zurich cantonal register of attorneys and are licensed to conduct proceedings before all courts throughout Switzerland, including the Federal Supreme Court.

 

Switzerland’s remarkably high wages by international standards and the relatively low tax burden in many cantons are important factors that particularly attract many highly qualified people from India, UAE, Ireland China etc to settle in Switzerland. In terms of employment, Switzerland is characterized by excellent opportunities for qualified professionals in fields such as engineering, information technology, financial services and medicine offering excellent career prospects. In addition, the unemployment rate in Switzerland remains remarkably low. For families, Switzerland offers a high level of security, an excellent education system and numerous leisure opportunities. The criteria for obtaining a residence permit vary according to nationality, length of stay and purpose of stay.

Self-employed foreign nationals wishing to work in Switzerland require a permit from their first day of work. Persons whose spouses have Swiss citizenship or a permanent residence permit (C permit) are exempt from this regulation.

The Office for Economic Affairs examines the application from a labor market perspective and forwards it to the Migration Service. The Migration Service examines the relevant immigration aspects.

If your application is approved, the Migration Service will issue a residence permit. This depends on the duration of your employment or the nature of your economic activity. Once issued, you will receive your permit from your municipality of residence.

Work permit:
As a rule, a work permit is only issued if a Swiss employer is looking for a qualified worker and the competent authorities (cantonal and federal) approve this.

There are several stages in the procedure for obtaining a work permit.

An application to take up gainful employment (or a work permit) must be submitted by the employer to the Office of Economic Affairs (AWI).
You can find more information here.
The AWI issues a preliminary labor market decision (work permit).
The AWI forwards the positive preliminary labor market decision to the State Secretariat for Migration (SEM) for approval.
If the SEM gives its approval, all documents are forwarded to the Migration Office so that the application for a work permit can be examined from the point of view of immigration law. This is because a permit can be refused despite the existence of a positive labor market decision if there are grounds for revocation.

If the requirements under immigration law are also met, the Migration Office will issue the permit for gainful employment.

If the person concerned is still abroad when the decision is approved, the Migration Office will authorize the foreign representation to issue a visa by means of an entry permit. If there is no visa requirement, the Migration Office will issue a confirmation of authorization to the employer.

After entry, registration takes place at the municipality. The person concerned will also receive an appointment at the municipality to have their biometric data recorded. You can find out everything about your biometric ID card here.

The person concerned must appear in person at the Migration Office to have their biometric data recorded.  The ID card will be produced and sent to the person concerned by post.

Other options in the context of short-term gainful employment

Foreign nationals who have received an entry permit to work in Switzerland or to provide cross-border services for a total of four months within a 12-month period do not have to register and do not require a foreigner’s identity card. Instead of a foreigner’s identity card, the persons concerned will receive an entry permit. Persons requiring a visa require a visa issued by the Swiss representation abroad in addition to the entry permit.

If you are a non-EU/EFTA national, you can only obtain a work permit in Switzerland if you hold a position as a manager, specialist or other qualified professional. The professional qualifications must match the new duties. When assessing applications for a residence permit, factors such as professional qualifications, adaptability in the professional and social environment, language skills and age are also taken into account in order to ensure sustainable integration into the Swiss labor market and society.

All foreign employees are entitled to the same salary and working conditions as Swiss employees. This provision is intended to ensure equal treatment of foreign and Swiss employees. Employers are obliged to provide the labor market authority with information on the duration of the employment relationship, the working conditions and the salary. The employment contract must be comprehensive and up to date and must be based on the conditions customary in the location and industry. The federal government’s salary calculator at www.salarium.ch can be a useful tool when calculating your future salaries.

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Around 3/4 of the labor market in Switzerland consists of three strong, dynamic sectors:
mechanical engineerin
the chemical industry and
the service sector.
In addition, British specialists are sought in the following areas
Medicine and nursing
Technology and engineering
Teachers
Employees in the hospitality industry (especially in the tourist strongholds)

What are the advantages of moving to Switzerland?
Switzerland is a country with a low crime rate, a good labor market and a transport system that is unmatched anywhere in the world. The economy in Switzerland is very strong and will have one of the highest per capita GDP in the world. According to the U.S. News & World Report, Switzerland is the safest country in the world and several Swiss cities such as Zurich, Geneva, Basel and Bern top the list of the world’s most liveable cities.

Switzerland has long been a country for people who want to live where clean air, a good standard of living and safe streets are a priority. Switzerland is a safe place to live, surrounded by people with strong values and ambitions. Apart from that, switzerland’s income as well as waelth taxes are among the lowest among the industrialized nations. Apart from this, income and wealth taxes in Switzerland are among the lowest in the industrialized world.

Retired people can be granted a residence permit if the following requirements are met cumulatively:
older than 55 years
Proof of close ties to Switzerland
Proof of sufficient financial means
neither gainfully employed abroad nor in Switzerland

Wealthy Citizens:
If you have enough money and are not dependent on state aid, you can live in Switzerland as long as you meet the other residence requirements. You must be able to prove all of this, when applying for a residence permit. To emigrate to Switzerland as a wealthy foreign citizen, it is highly advisable to consult a qualified immigration lawyer who can help you with the specific requirements for the residence permit. It is important to prove sufficient assets (often at least CHF 10 million) and a reasonable standard of living (e.g. CHF 400,000 to 600,000 per year) in order to obtain a residence permit.

Permit B (residence permit)
Permit C (settlement permit)
Permit Ci (residence permit with gainful employment for third-country nationals)
Permit G (cross-border commuter permit)
Permit L (short-term residence permit)
Permit F (temporarily admitted foreign nationals)
Permit N (asylum seekers)
Permit S (temporary protection for persons in need of protection)

The main countries from which English
speakers want to move to Switzerland . . .
Moving to Switzerland from Australia
Moving to Switzerland from Canada
Moving to Switzerland from US
Moving to Switzerland from UAE
Moving to Switzerland from UK
Moving to Switzerland from Ireland
Moving to Switzerland from New Zealand
Moving to Switzerland from China Hongkong
Moving to Switzerland from India
Moving to Switzerland from Singapore or Malaysia

 

 

It is generally assumed that the Swiss have a very positive perception towards Canadians, Australians and New Zealanders. So if you are planning to move to Switzerland from one of these countries, your chances of finding a job and making new friends are very much intact.

Citizens of Canada, New Zealand or Australia must make certain arrangements to enter Switzerland in order to live and work in Switzerland, regardless of the duration of their stay, and like all third-country nationals require a residence permit.

Work permit:
As a rule, a work permit is only issued if a Swiss employer is looking for a qualified worker and the competent authorities (cantonal and federal) approve this.

Canadian, New Zealand and Australian nationals can enter Switzerland without a visa for tourism purposes for up to 90 days. However, a residence permit is required for a longer stay or to take up employment. The application for such a permit depends on various factors, such as the type of employment and the respective cantonal regulations.

There are several stages in the procedure for obtaining a work permit.

An application to take up gainful employment (or a work permit) must be submitted by the employer to the Office of Economic Affairs (AWI).
You can find more information here.
The AWI issues a preliminary labor market decision (work permit).
The AWI forwards the positive preliminary labor market decision to the State Secretariat for Migration (SEM) for approval.
If the SEM gives its approval, all documents are forwarded to the Migration Office so that the application for a work permit can be examined from the point of view of immigration law. This is because a permit can be refused despite the existence of a positive labor market decision if there are grounds for revocation.

If the requirements under immigration law are also met, the Migration Office will issue the permit for gainful employment.

If the person concerned is still abroad when the decision is approved, the Migration Office will authorize the foreign representation to issue a visa by means of an entry permit. If there is no visa requirement, the Migration Office will issue a confirmation of authorization to the employer.

After entry, registration takes place at the municipality. The person concerned will also receive an appointment at the municipality to have their biometric data recorded. You can find out everything about your biometric ID card here.

The person concerned must appear in person at the Migration Office to have their biometric data recorded.  The ID card will be produced and sent to the person concerned by post.

Other options in the context of short-term gainful employment

Foreign nationals who have received an entry permit to work in Switzerland or to provide cross-border services for a total of four months within a 12-month period do not have to register and do not require a foreigner’s identity card. Instead of a foreigner’s identity card, the persons concerned will receive an entry permit. Persons requiring a visa require a visa issued by the Swiss representation abroad in addition to the entry permit.

---

Around 3/4 of the labor market in Switzerland consists of three strong, dynamic sectors:
mechanical engineerin
the chemical industry and
the service sector.
In addition, British specialists are sought in the following areas
Medicine and nursing
Technology and engineering
Teachers
Employees in the hospitality industry (especially in the tourist strongholds)

What are the advantages of moving to Switzerland?
Switzerland is a country with a low crime rate, a good labor market and a transport system that is unmatched anywhere in the world. The economy in Switzerland is very strong and will have one of the highest per capita GDP in the world. According to the U.S. News & World Report, Switzerland is the safest country in the world and several Swiss cities such as Zurich, Geneva, Basel and Bern top the list of the world’s most liveable cities.

Switzerland has long been a country for people who want to live where clean air, a good standard of living and safe streets are a priority. Switzerland is a safe place to live, surrounded by people with strong values and ambitions. Apart from that, switzerland’s income as well as waelth taxes are among the lowest among the industrialized nations. Apart from this, income and wealth taxes in Switzerland are among the lowest in the industrialized world.

Retired Canadia, Australian or New Zealand citizens can be granted a residence permit if the following requirements are met cumulatively:
older than 55 years
Proof of close ties to Switzerland
Proof of sufficient financial means
neither gainfully employed abroad nor in Switzerland

Wealthy Citizens:
If you have enough money and are not dependent on state aid, you can live in Switzerland as long as you meet the other residence requirements. You must be able to prove all of this, when applying for a residence permit. To emigrate to Switzerland as a wealthy foreign citizen, it is highly advisable to consult a qualified immigration lawyer who can help you with the specific requirements for the residence permit. It is important to prove sufficient assets (often at least CHF 10 million) and a reasonable standard of living (e.g. CHF 400,000 to 600,000 per year) in order to obtain a residence permit.

Permit B (residence permit)
Permit C (settlement permit)
Permit Ci (residence permit with gainful employment for third-country nationals)
Permit G (cross-border commuter permit)
Permit L (short-term residence permit)
Permit F (temporarily admitted foreign nationals)
Permit N (asylum seekers)
Permit S (temporary protection for persons in need of protection)

The main countries from which English
speakers want to move to Switzerland . . .
Moving to Switzerland from Australia
Moving to Switzerland from Canada
Moving to Switzerland from US
Moving to Switzerland from UAE
Moving to Switzerland from UK
Moving to Switzerland from Ireland
Moving to Switzerland from New Zealand
Moving to Switzerland from China or Hongkong
Moving to Switzerland from India
Moving to Switzerland from Singapore or Malaysia

 

 

Admission to switzerland of UK nationals

In accordance with the departure of the United Kingdom (UK) from the European Union (EU) on January 31, 2020 as well as the end of the transition phase on December 31, 2020, Switzerland’s Agreement on the Free Movement of Persons (AFMP) no longer applies to the UK.

Preconditions for admission of UK Citizens to Switzerland:
As of January 1, 2021, the admission requirements of the Foreign Nationals and Integration Act (FNIA) apply to newly arriving workers from the UK. Like all other third countries, only qualified executives and highly qualified specialists can be admitted from the UK, as long as this is in the overall economic interest of Switzerland. Individuals with special professional knowledge or skills may be admitted if there is a proven need for their admission. Swiss nationals and EU/EFTA nationals have priority on the Swiss labor market and the salary and working conditions customary for the location, profession and industry must be observed.

An overview of the basic admission criteria for non-EU/EFTA nationals in accordance with the Foreign Nationals and Integration Act (FNIA):
Basic principles for admission to the labor market

The following requirements must also be met:

Admission must be in Switzerland’s overall economic interest. Only managers, specialists and other qualified workers can be authorized. Priority must be given to Swiss nationals. Priority is given to Swiss nationals, EU/EFTA nationals, permanent residents and foreign nationals entitled to work, temporarily admitted persons and those who have been granted temporary protection. Employers must comply with the salary and working conditions customary in the location, profession and industry.

An application for a work permit must be submitted by the employer to the competent cantonal migration or labor market authority.

Special regulations for British nationals: Since the end of the free movement of persons between Switzerland and the UK in 2021, quotas have applied to UK citizens in the same way as for third-country nationals. In 2025, up to 3,500 workers can still be recruited from the UK (2,100 B permits and 1,400 L permits).

UK citizens can stay in Switzerland for up to 90 days without a visa. However, if you wish to move to Switzerland permanently, you will need to take certain steps to begin your life in this Alpine nation. After entering Switzerland, you must first apply for a long-term residence visa. Immediately after your arrival in Switzerland, you should register with the cantonal immigration and labor market authorities.

Around 3/4 of the labor market in Switzerland consists of three strong, dynamic sectors:
mechanical engineerin
the chemical industry and
the service sector.
In addition, British specialists are sought in the following areas
Medicine and nursing
Technology and engineering
Teachers
Employees in the hospitality industry (especially in the tourist strongholds)

What are the advantages of moving to Switzerland?
Switzerland is a country with a low crime rate, a good labor market and a transport system that is unmatched anywhere in the world. The economy in Switzerland is very strong and will have one of the highest per capita GDP in the world. According to the U.S. News & World Report, Switzerland is the safest country in the world and several Swiss cities such as Zurich, Geneva, Basel and Bern top the list of the world’s most liveable cities.

Switzerland has long been a country for people who want to live where clean air, a good standard of living and safe streets are a priority. Switzerland is a safe place to live, surrounded by people with strong values and ambitions. Apart from that, switzerland’s income as well as waelth taxes are among the lowest among the industrialized nations. Apart from this, income and wealth taxes in Switzerland are among the lowest in the industrialized world.

Retired UK citizens can be granted a residence permit if the following requirements are met cumulatively:
older than 55 years
Proof of close ties to Switzerland
Proof of sufficient financial means
neither gainfully employed abroad nor in Switzerland

Wealthy UK Citizens:
If you have enough money and are not dependent on state aid, you can live in Switzerland as long as you meet the other residence requirements. You must be able to prove all of this, when applying for a residence permit. To emigrate to Switzerland as a wealthy UK Citizen, it is highly advisable to consult a qualified immigration lawyer who can help you with the specific requirements for the residence permit. It is important to prove sufficient assets (often at least CHF 10 million) and a reasonable standard of living (e.g. CHF 400,000 to 600,000 per year) in order to obtain a residence permit.

Up to 90 days per calendar year for the cross-border provision of services.

Based on the temporary agreement between Switzerland and the United Kingdom on the mobility of service providers (EAER press release), the online notification procedure will continue to apply for authorizations of cross-border service providers from the UK for up to 90 working days per calendar year (short-term gainful employment). Furthermore, this applies to posted workers from companies based in the UK, regardless of their nationality, and self-employed service providers based in the UK who are UK nationals.

 

 

Switzerland is the most sophisticated and developed country in the world with wonderful scope for economic opportunities. Enchanting mountains, countless lakes, an incomparably high quality of life and excellent salaries are all reasons for an American to move to Switzerland.

American citizens can stay in Switzerland for up to 90 days without a visa. However, if you wish to move to Switzerland permanently, you will need to take certain steps to begin your life in this Alpine nation. After entering Switzerland, you must first apply for a long-term residence visa. Immediately after your arrival in Switzerland, you should register with the cantonal immigration and labor market authorities.

Your future employer must show that it is in Switzerland’s economic interest to employ you and that they have been unable to find suitable qualified personnel within the Swiss and EU/EFTA recruitment agencies. The employer must provide you with the same salary and working conditions as Swiss nationals.

Around 3/4 of the labor market in Switzerland consists of three strong, dynamic sectors:
mechanical engineering
the chemical industry and
the service sector.
In addition, American specialists are sought in the following areas
Medicine and nursing
Technology and engineering
Teachers
Employees in the hospitality industry (especially in the tourist strongholds)

American native english teachers are highly sought after in most international schools,
especially because of the global aspects that american dialect brings to finance, technology and culture.

What are the advantages of moving to Switzerland?
Switzerland is a country with a low crime rate, a good labor market and a transport system that is unmatched anywhere in the world. The economy in Switzerland is very strong and will have one of the highest per capita GDP in the world. According to the U.S. News & World Report, Switzerland is the safest country in the world and several Swiss cities such as Zurich, Geneva, Basel and Bern top the list of the world’s most liveable cities.

Switzerland has long been a country for people who want to live where clean air, a good standard of living and safe streets are a priority. Switzerland is a safe place to live, surrounded by people with strong values and ambitions. Apart from that, switzerland’s income as well as waelth taxes are among the lowest among the industrialized nations.
Apart from this, income and wealth taxes in Switzerland are among the lowest in the industrialized world.

Retired US citizens can be granted a residence permit if the following requirements are met cumulatively:
older than 55 years
Proof of close ties to Switzerland
Proof of sufficient financial means
neither gainfully employed abroad nor in Switzerland

Wealthy Americans:
If you have enough money and are not dependent on state aid, you can live in Switzerland as long as you meet the other residence requirements. You must be able to prove all of this, when applying for a residence permit. To emigrate to Switzerland as a wealthy American, it is highly advisable to consult a qualified immigration lawyer who can help you with the specific requirements for the residence permit. It is important to prove sufficient assets (often at least CHF 10 million) and a reasonable standard of living (e.g. CHF 400,000 to 600,000 per year) in order to obtain a residence permit.

American English opens up an opportunity for US citizens seeking employment in Switzerland. The country has evolved from a purely quadrilingual nation to a truly multilingual society. The influence of globalization is unmistakable here and has had a significant impact on the Swiss linguistic landscape.

For example, a significant number of academic publications or information technology applications are written in English, making proficiency in the language increasingly important. Furthermore, due to the increasing internationalization of the workforce, Americans with higher education and a desire to learn a local language can use their English language skills as a valuable asset, not only to find a job, but also to maintain friendships.

---

CNN reports on US couple who emigrated to Switzerland. “It feels safe here,” says an American couple who emigrated to Switzerland. In 2023, the family moved from Wisconsin to Basel with their three children (aged between six and twelve at the time).

One other family was quoted in the newspaper after moving to Switzerland as saying;

“Switzerland is a beautiful country. Its federal system has some similarities to the US, but it is a very stable and democratic country.”  “We were increasingly concerned about shooting sprees in American schools,” the couple said. “We agreed that our children would be a lot safer in Switzerland.”

According to another couple, the move to Switzerland was not an escape, but a decision that resulted from a strong desire for security and a better environment for their family. The couple also highlights the public transportation. The father commutes to work three times a week by train from Zug to Zurich. The trains are “always on time, clean and quiet.

“I’ve been living in Switzerland since 2017 and can’t imagine going back to the USA. The lifestyle here is so much healthier than in North America.”

One British expat was quoted saying;
“I moved to Switzerland from the UK and will never go back. I look forward to every season in Switzerland: winter skiing, spring trips to the south to get some early sun, swimming in the lakes, fall hiking in the mountains.”

 

On January 31, 2020, the United Kingdom (UK) left the EU (Brexit). The “Acquired Rights Agreement” and the “Services Mobility Agreement (SMA)” have been in force since January 1, 2021. With the agreement on acquired rights of citizens, people with UK citizenship and Swiss nationals can retain the rights they received before the UK left the EU (e.g. residence rights). However, new arrivals from 2021 onwards will have to abide by the standard rules for non-EU citizens.

Following the United Kingdom’s exiting the European, the Agreement on the Free Movement of Persons between Switzerland and the EU will no longer apply to British nationals. As a result, British nationals will be treated as third-country nationals (non-EU/EFTA) within the meaning of the Swiss Immigration Act from January 1, 2021. This change will have a significant impact on British nationals who wish to live or work in Switzerland.

Quotas for UK nationals who are coming to work in Switzerland for the first time – Prerequisites for the issuance of a work permit –

There must be a positive effect on the Swiss (and possibly local) economy as a result of the applicant’s activities. Only proven or qualified specialists (e.g. senior managers or scientists) are eligible for work permits. There is a priority for resident workers. As a rule, the unavailability of such persons entitled to priority must be documented by means of advertisements (print and online media) and a list of any rejected candidates (with reasons).

In comparison to other third-country nationals, UK nationals are subject to simplified rules: for the time being, permits for British citizens are not subject to the federal authorization procedure and are therefore issued exclusively under cantonal supervision. This means that there is no need for approval by the SEM. The cantonal employment offices decide autonomously and forward a positive decision directly to the cantonal migration office.

The EU has amended the Visa Regulation so that UK citizens can continue to enter the Schengen area and thus Switzerland without a visa for a short stay of max. 90 days (within 180 days). However, for longer stays of more than 90 days, a permit is required, which is subject to the provisions for third-country nationals. In other words, the entry and stay of British nationals in Switzerland is now governed by the same rules as for other third countries.

Residence without gainful employment: family reunification, students, pensioners Since

January 1, 2021
If a UK citizen living in Switzerland wishes to join their wife and children who are currently abroad –

If you entered Switzerland before January 1, 2021, you have acquired rights under the AFMP that will continue to apply after the UK leaves the EU.

However, if you were admitted to Switzerland after January 1, 2021, family reunification is governed by the Foreign Nationals and Integration Act and the Ordinance on Admission, Residence and Gainful Employment. Family members who are entitled to family reunification are spouses and unmarried children under the age of 18. Several cumulative requirements must be met (cohabitation, adequate living space, lack of social assistance, integration, language skills).

The guidelines I. Foreigners specify and comment on the regulation. The application for a residence permit for family reunification must be submitted to the migration authority of the applicant’s canton of residence (cantonal migration and labor market authorities).

In the event that your first name or surname puts you at a disadvantage, an application can be made to change the name. To do so, you must submit a request.

Changing your name

Basically, a change of name is there to eliminate disadvantages associated with the previous name. The mere desire to change your name is not sufficient. The reasons must be understandable, comprehensible (e.g. by means of supporting documents) and convincing. Alleged facts must be proven and not merely made credible. The asserted reasons must not be unlawful, abusive or immoral.

According to Art. 30 para. 1 of the Swiss Civil Code, the government of the canton of the person’s residence may approve a change of name if there are substantial reasons for doing so. The mere wish to change the name is not sufficient. Understandable, comprehensible and convincing reasons must be given. The reasons given must be substantiated by the applicant.

Name declaration

Under certain circumstances, it is possible to make a name declaration directly at the registry office. You then do not have to apply for a name change. To do so, however, some conditions must be met..

Registered partnership: If your marriage or registered partnership has been dissolved by a court (e.g. through divorce, annulment or invalidity), you can declare to the registry office at any time that you wish to use your unmarried surname again. This also applies if your partner is deceased.

Gender: If you are firmly convinced that you do not belong to the gender entered in the civil status register, you can change it directly at the registry office without any red tape. You can also change your name at the same time. As a rule, this includes the first name. If your surname or an intermediate name has a gender-specific ending, you can also change these parts of your name. The declaration follows the binary gender order: only the genders “male” and “female” can be registered. Under the age of 16, the consent of the legal representative is required.

Regulations for joint children

If the parents of a child are not married to each other, the first joint child is automatically given the mother’s surname at birth.

Should the parents have joint or sole custody of the child, they can choose the father’s surname for the first child within one year of declaring custody. If the child has reached the age of twelve, he or she must consent to the change.

Married parents who chose the surname of their children when they got married can declare within one year of the birth of their first child that it should be given the surname of the other parent.

Sole name after divorce: The name change is to be distinguished from the name declaration. If, for example, you would like to use your single name again after a divorce, you can have this change made at the relevant registry office without giving reasons.

If your application for a name change is rejected, as competent lawyers at your side we can file an appeal with the relevant higher court.

Extending your residence permit after divorce or the death of a partner.

Did you come to Switzerland on the basis of family reunification? Your residence permit may not be extended if the person who is the reason for your residence permit dies. The same applies if you separate or divorce.

In principle, your residence permit will be reviewed after the death or dissolution of the family relationship. However, if you have a permanent residence permit (C permit), you can stay in Switzerland.

Under certain conditions, you can also stay in Switzerland with a B permit. You can have your residence permit extended if:

For EU and EFTA nationals
You can apply for a residence permit in your own name if you are gainfully employed or have sufficient financial means to support yourself.

Third-country nationals
After the dissolution of the marriage or family relationship, the foreign spouse and children are still entitled to the issue and extension of a residence permit if:

you have been married to your (Swiss or foreign) partner for at least 3 years and have lived together.

you are well integrated in Switzerland (good oral language skills and willing to work or study).

an extension of residence permit is necessary for important personal reasons. Such important personal reasons exist in particular if the spouse has been the victim of spousal violence and social reintegration in the country of origin appears to be at serious risk.

Swiss Federal Supreme Court: In its landmark ruling of December 9, 2009, the Federal Supreme Court clarified the question of whether the provision requires the spouses to have resided in Switzerland for three years. The Federal Supreme Court answered this question in the affirmative and also referred to a historical and systematic interpretation. However, the decisive factor for the Federal Supreme Court was apparently the requirement of successful integration, which was also included. According to the Federal Supreme Court, both criteria, expiry of the time limit and integration, must be met cumulatively. However, successful integration in Switzerland necessarily requires that the foreign national has resided here for a certain minimum period of time; if the period of residence is less than three years, it is hardly possible to speak of a consolidated professional and personal bond with Switzerland. In addition, information on marital relationships lived abroad can often only be verified inadequately or not at all. If the time spent abroad were to be taken into account within the three-year period, the cantonal licensing authorities would often have to rely on the mere assertions of the applicant. Such a solution would hardly be practicable, especially as it would not be possible to counter abusive behavior in this way.

Loss of a residence permit after separation, divorce or the death of a partner
Any person who has been refused a residence permit or whose residence permit has been revoked has the right to appeal against this decision before an independent court. If the violation of the right to be heard, including the reasons for the decision and the prohibition of discrimination, is contested, the Federal Supreme Court is the final instance.

As an attorney and lawyer, I have been solving everyday and complex cases for twenty years. I would be happy to help you analyze the core problem. Talk about your problems, formulate your questions and seek advice at an early stage.

 

 

Applying for family reunification in Switzerland & appealing against any rejection with the help of a competent Swiss immigration lawyer.

Under certain conditions, if you live in Switzerland but your family lives abroad, you can have your children or spouse join you in Switzerland. Immigration law does not provide for the reunification of relatives in the ascending line and is only possible in a few exceptional cases. This is called family reunification. The purpose of family reunification is to enable the family to live together and to provide legal security.

Whether and which of your family members can join you in Switzerland also depends on your nationality. You can submit applications for family reunification or to prepare for marriage. A distinction is made between

Family members of citizens from an EU/EFTA country
Family members of persons from a third country
Family members of Swiss citizens

For EU and EFTA Citizens

You are entitled to have the following family members join you in Switzerland if you have EU/EFTA citizenship:

Spouse or registered partner
Children or grandchildren under the age of 21 or who are granted maintenance
Parents and grandparents, provided they are granted maintenance

Family members of EU/EFTA citizens are entitled to the issue and extension of a residence permit. The person joining them may work in Switzerland as soon as the permit has been issued.

You can submit your application for family reunification to your municipality.

Your partner’s visa can be approved for three months in order to prepare for the marriage and conclude the marriage under civil law within this period. To do this, you must obtain confirmation from the registry office before entering the country. This must show that the marriage has been initiated and can take place within a reasonable period of time. In addition, the other requirements for family reunification must be met. Once you have submitted the marriage certificate, the residence permit can be issued. If the marriage does not take place, no residence permit will be issued and the bride or groom must leave Switzerland.

Applicants from third countries (Outside EU/EFTA)
Dependants of persons with a permanent residence permit (C) Foreign spouses, registered partners and unmarried children under the age of 18 of persons with a permanent residence permit are entitled to a residence permit if certain requirements are met. Further information on the requirements can be found below.

Family members of persons with a residence permit (B) or short-term residence permit (L) Foreign spouses, registered partners and unmarried children under the age of 18 of persons with a residence permit or short-term residence permit can be granted a residence permit or short-term residence permit if certain requirements are met. Further information on the requirements can be found below.

Family members of temporarily admitted persons and temporarily admitted refugees (F) Spouses, registered partners and unmarried children under the age of 18 of temporarily admitted persons and temporarily admitted refugees can join them after three years at the earliest. The following requirements must be met.

Pre-requisites for family reunification. The above-mentioned groups of persons from third countries may be joined by their family members if

– they live together with them;
– a suitable home is available;
– they are not dependent on social assistance;
– they can communicate in the national language spoken at the place of residence;
– the person joining them does not receive any annual supplementary benefits or could receive them due to the family reunification.

Legal deadlines for family reunification

Family reunification must be applied for within five years for spouses and children. Children over the age of twelve must be reunited within twelve months. Otherwise, family reunification will only be approved if important family reasons are invoked.

Making preparations for marriage

You can obtain a residence permit for your partner for three months in order to prepare for the marriage and conclude the marriage under civil law within this period. To do this, you must obtain confirmation from the registry office before entering the country. This must show that the marriage has been initiated and can take place within a reasonable period of time. In addition, the other requirements for family reunification must be met. Once the marriage certificate has been submitted, the residence permit can be issued. If the marriage does not take place, no residence permit will be issued and the bride or groom must leave Switzerland.