Binational - Residence

Since 12th. of December 2008 Switzerland is part of the Schengen agreement. As a result, nationals from third countries (non EU countries) living in Switzerland and in possession of a residence permit B or C can now travel in the whole EU area without restriction. In order to cross the border a valid passport and a valid residence permit is required.

Similarly non EU nationals living in an EU country and holding a valid resident permit in the EU country of residence, can travel to Switzerland without restriction.

The precondition for permanent residency in Switzerland is a residence permit.
Since the Bilateral Agreement on the Freedom of Movement of Persons came into force on June 1, 2002 (the complete text can be found on www.admin.ch), different regulations apply to persons from EU countries and persons from other countries (third- country nationals ).
As a rule it falls within the jurisdiction of the Cantonal Aliens Registration Offices to issue residence permits. Their addresses can be found at www.bfm.admin.ch.

Entry regulations

Entry regulations for citizens of EU countries (Bilateral Agreement on the Freedom of Movement of Persons)
You can order the brochure “EU-Bürgerinnen und –Bürger in der Schweiz“ (EU citizens in Switzerland) from www.bbl.admin.ch This brochure provides detailed information about the Agreement on the Freedom of Movement of Persons, transition periods and the practical consequences thereof.
Individuals with and without gainful employment who hold an EU passport are entitled to an entry, residence and work permit provided they carry health insurance and have at their disposal the financial means to take care of their living expenses. As far as choosing a job and place of residence are concerned, these individuals are equal to Swiss citizens.
As a consequence of the Agreement on the Freedom of Movement binational couples have a right of living together either in Switzerland or in any given EU country] without having to marry for reasons pertaining to rights of residence. This also applies to nationals of the EU 8 (i.e. Pland, Czech. Republic, Slovakia, Hungary, Estonia, Latvia, Lithuania and Slovenia).
Through family reunification, nationals of EU countries may bring spouses, children and parents into Switzerland as long as they are able and willing to pay for their living expenses. authorisation. Cantonal Authorities are vested with the power to grant pertinent residence permits.
As of January 1, 2005 the homepage of the Swiss Federal Office for Migration, BFM, will provide information on the categories of residence permits available to EU citizens and on how to obtain such permits: www.bfm.admin.ch.

Entry regulations for citizens of third countries

If your or your partner are from a non-EU country, you may be able to enter Switzerland as a tourist. The Swiss representative in your country of origin or from the Federal Office for Migration (www.bfm.admin.ch). A tourist vias may be valid for up to three months. Applications concerning extensions are decided upon by the pertinent Cantonal Authority. If the entering foreigner lacks sufficient financial resources, a sponsorship declaration (formerly a written guarantee) may be required in the amount of CHF 30'000.00. Travel insurance of CHF 50'000.00 (premium of approximately CHF 300.00 to 600.00 may also be required.

Important: There is no legal right to be issued a vis. If a negative visa decision is received, an appealable written statement of the reasons may be requested at the applicant's expense.
Even foreigners for whom a visa is not required, may remain in Switzerland for no more than three months. Information on how to go about entering Switzerland or inviting somebody to visit is available from the Swiss Federal Office for Migration.

There are various categories of permits for dependents of holders of valid residence permits" from third countries (non-EU countries) who would like to take up residence in Switzerland. A survey and further information is available on www.bfm.admin.ch

Short-term residents are foreigners who stay in Switzerland temporarily (normally for less than one year). These permits are issued for internships, pracitcal training, au pairs, local language studies and preparation for marriage.

B permit (one-year permit) based on marriage

By marrying a Swiss citizen, a foreigner is entitled to having a residence permit issued or extended (art 42 and 46 of the Swiss Aliens' Act AuG).
As a rule, the B permit with “Spouse of a Swiss citizen” as the purpose of residence is extended every year for as long as the purpose of residence, i.e. the marriage, exists. EU nationals receive a five-year residence permit and have an original right of residence independent of their spouse under the Freedom of Movement Agreements (FZA).
The B permit is valid in the canton in question. Spouses of Swiss citizens have a legal claim for moving to another canton. When moving to another canton, a new permit needs to be applied for.
You can use the B permit to apply for a work permit and to take on gainful employment. You are not subject to quota restrictions, which is something employers are occasionally unaware of, and you are seen as equal to native workers, irrespective of the labour market situation. In addition, you now have the right to gainful employment even outside your canton of residence without an additional permit (approval of the canton of employment no longer required) See also Work.
You will find further information on the topic of residence permits on www.bfm.admin.ch.

The particular situation of unmarried and same-gender couples
Non-EU nationals wishing to cohabitate with Swiss nationals in an unmarried relationship have no legal grounds to claim a B or C permit. Article 30b of the new Aliens' Act includes a hardship clause if, for justified reasons, the celebration of marriage is impossible. Furthermore, no right to simplified naturalisation can be claimed based on such cohabitation.

However, parents have the possibility of applying for a residence permit for the purpose of living with their child if the partner is a Swiss national or holds a permanent or temporary residence permit. In this case, too, the applicant must demonstrate why marriage would be impossible.

With the new Partnership Act, which entered into force on 1 January 2007, Swiss males and females and foreigners with permanent residence permits who live in a registered parntership have the option to establish permanent residence status for their foreign partners similarly to heterosexual couples (see above).

As a consequence there is no legal title under which the foreign partner of a same-gender couple might claim a residence permit.
A request for a residence permit can, however, be submitted to the Swiss Federal Office of Migration BFM (www.bfm.admin.ch) explaining the individual situation.

On occasion, there are situations that will prevent a seme-gender partnership from being registered, particularly when a threat of discrimination in the partner's home country exists. In such cases of hardship, a residence permit may be granted if the driteria specified by the Federal Court have been satisfied. These critera include an established, long-term partnership, unreasonableness of conducting the relationship abroad or through approved stays, ability to integrate, contractually stipulated assumption of duties of care, an the like. Work permits are subject to the same provisions, i.e., family members from the original EU member countries who immigrate subsequently do not require any additional work permit. Persons from the new EU countries remain subject to the transitional provisions (see Work Permit).

Swiss nationals have the right to reunify with their spouse and children. However, if is important to distinguish between family members from the EU and family members from a third country. for family members from a EU member country, the spouse, children up to 21 years of age or who receive support as well as parents who receive support, may be reunified. The family is not required to live togehter. This right of family reunification (particularly up to age 21) also applies to Swiss nationals who are married to EU nationals or third-country nationals entitled to reside in an EU member country (art. 42.2 AuG).

If the family members come from a third country, there is a right of family reunification for children only until they are 18 years old. Family reunification only applies to the spouses and children (regardless of any support). Family reunification must take place within five years, but children over 12 years age must be reunified within one year (of the date of celebration of marriage, Art. 47 AuG). Exceptions may be made on rare occasion in case of justified family-related circumstances. Furthermore, the family is required live together. Exceptions are only made if objective, reasonable grounds for separate places of residence exist (e.g., occupation) or in case of temporary separation because of serious family problems and the marriage has not yet conclusively failed (art. 76 of the Swiss Regulations on Admission, Residence and Employment (VZAE).

Regarding dissolution of the family home (see also Separation/Divorce), the residence of the foreign partner and the children may be extended after a minimum duration of marriage of three years and a successful integration (however, there is no right to an extension). Residence may also be extended regardless of the duration of the family home if significant personal reasons, such as marital violence, exist and reintegration in the home country is at risk.

Under the FZA, EU nationals generally have the right to bring their spouse, children whom they support and parents whom they support into Switzerland through family reunifacation. The Cantonal Authority is vested with the power to grant the pertinent residence permits. According to the FZA, the term "family member" applies to the spouse and any children up to age 21 or children receiving support and parents receiving support. However, if these realtives are third-country nationals, the right of family reunification will apply according to the FZA only if such relatives already held a right of residence in a EU member country.

Nationals of EU countries may bring spouses, children and parents into Switzerland as long as they are able and willing to pay for their living expenses. Cantonal Authorities are vested with the power to grant pertinent residence permit.

Third-country nationals with a B

permit have no legal claim to subsequent immigration of family reunification. An application to this effect can, however, be filed with the responsible cantonal authorities. Requests are examined on a case-by-case basis (art. 96 AuG).

Third-country citizens with a C

permit are entitled to reunify with their spouse and underage children, provided they can prove a main family relationship.
Decisive criteria include whether you have parental custody and whether you are in regular contact with the child.

Further information concerning regulations on family reunification is available in more detail from the Swiss Federal Office for Migration, BFM, or on www.bfm.admin.ch.

Registered Partnerships

The legal provisions described above also apply to registered partnerships (art. 52 AuG).

As the spouse of a Swiss citizen, you are eligible for a reduced version of the naturalisation procedure in case you meet all three of the following conditions:

As the spouse of a Swiss national living abroad you may obtain simplified naturalisation if you

Switzerland recognises dual citizenship. You need to clarify whether dual citizenship is also legally possible in your native country or your partner's native country. If this is not the case, the foreign [non-Swiss] partner will lose his/her original [former] citizenship.
Information about dual citizenship is available on www.bfm.admin.ch.
You can obtain further information on the legal foundations from the Swiss Federal Office of Immigration, Integration and Emigration (imes).
Additional information on pertinent basic laws and regulations is available from the Swiss Federal Office for Migration, BFM, or from www.bfm.admin.ch.

If you have any questions, please contact pertinent Cantonal Authorities, the Swiss Federal Office for Migration, BFM, or an advice center of our Association.