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.