Lawyer for migration law in Zurich
Swiss migration law regulates the entry, residence and integration of foreign nationals. The central federal law is the Foreign Nationals and Integration Act (FNIA), which sets out the various types of permit (short stay, residence, settlement, etc.) as well as rights and obligations during the stay . As a rule, foreign nationals require a residence permit, the type of which depends on the purpose and duration of their stay. The B residence permit (temporary residence, e.g. for work or family purposes) and the C permanent residence permit (permanent residence after a longer period of residence) are widely used. Migration law also regulates the conditions for family reunification (spouses, registered partners and children), including deadlines and integration requirements, as well as special provisions in connection with marriage and civil partnerships (e.g. in cases of suspected fictitious marriage or after the dissolution of a marriage). In cases of hardship – for example in the case of long-term illegal residence (sans-papiers) or for serious personal reasons – humanitarian solutions exist under certain conditions. Finally, Swiss migration law contains clear requirements for companies wishing to employ foreign workers: In particular, work permits for third-country nationals (people from countries outside the EU/EFTA) are only issued if strict conditions are met, while EU/EFTA citizens are favored under the free movement of persons.
The B residence permit is a temporary residence permit. It is usually issued for a specific purpose (e.g. work, family reunification or study) and often for a period of one year and can be extended. It is subject to conditions, such as gainful employment or the absence of a breach of the law. The permanent residence permit C, on the other hand, is unlimited: It is issued after a longer period of proper residence in Switzerland and entitles the holder to stay permanently . Holders of a C permit have more extensive rights – for example, they can change canton or change jobs without having to apply for a new permit, and they can bring their family to Switzerland within the framework of the legal provisions. The C permit therefore offers more security and is not limited in time, whereas the B permit is regularly renewed and the requirements must be met on an ongoing basis.