Author Archives: Swiss-Immigration-Lawyer-Zurich-Bern-Basel-Geneva-Lausanne

Appeal against non-extension / losing of the residence permit ( Aufenthaltsbewilligung Ausweis B)

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.

Appeal against the annulment of a simplified (facilitated) naturalization

According to Art. 15 of the Universal Declaration of Human Rights of 1948, everyone has the right to a nationality. Nationality cannot be arbitrarily revoked.

Declaration of nullity of a naturalization and revocation of Swiss citizenship. According to Art. 36 of the Federal Act on the Acquisition and Loss of Swiss Citizenship (Citizenship Act, BüG; SR 141.0), a naturalization can be declared null and void up to eight years after naturalization has taken place. The procedure for the annulment of naturalization is always initiated when the SEM is notified of sufficient evidence of suspicion. It is directed against all naturalized or re-naturalized persons residing in Switzerland or abroad.

The annulment of naturalization can be appealed before the Federal Administrative Court within thirty days of the date of notification of the decision.

 

Topics: Nullification of a naturalization, Nullification of naturalizations, Appeal, Appeal, Appeal, Counsel, Facilitated naturalization annulment, Naturalization procedure, Naturalization appeals, State Secretariat for Migration SEM, Questions, Suspected sham marriage, Fake False Bogus Fictitious Fraudulent marriage, Swiss passport revoked . . . .

 

Initial interview and our legal fees

The first meeting

Before the first interview, you should collect important documents and note down questions and ambiguities.
Think about how you can describe your personal situation to me.
Bring all the necessary documents with you.
The first interview includes:
  • Mandate and granting of power of attorney
  • First assessment of the opportunities and risks of the case
  • Adding files resp. File inspection request
  • Show the next steps and what you can do yourself
  • Costs for legal efforts, court and other fees
  • Explanations for the billing of services rendered

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Legal fees:

I charge the lawyer’s fee according to the time spent. When taking on your mandate, I will inform you about the amount of my hourly rate and the basis of invoicing.
I usually ask for an advance payment. When determining the amount of the advance payment and the hourly rate, I take into account your financial circumstances, the amount in dispute, the importance of the mandate and the associated responsibility, special technical and foreign language skills and, in particular, the difficulties of your case.
As a guide, my hourly rate is usually between
CHF 220.00 and 350.00. In addition, there are expenses and VAT.
In the event of financial bottlenecks, I will check your right to free legal aid. The prerequisite for a successful application is your cooperation in providing
the necessary documents about your financial circumstances.

Appeal and complaint against rejected application for naturalization

Arbitrary denials of naturalization violate international law.

Naturalization Switzerland:
Foreign nationals may acquire Swiss citizenship if they meet the legal requirements for naturalization. Swiss citizenship can be acquired by descent, adoption or by ordinary or simplified naturalization. There are different naturalization procedures. There is ordinary and simplified naturalization, the re-naturalization of former Swiss citizens and the renunciation of citizenship.

Any person who has been wrongfully denied naturalization has the right to appeal the denial before an independent court. If a person feels that his or her right to a fair hearing, including the reasons for the decision to refuse naturalization has been impaired and that there has been a violation of the principle of prohibition of discrimination, the decisions of the migration authorities, the cantonal administrative courts and the Federal Administrative Court may be appealed to the Federal Supreme Court.

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Appeal against revocation / expiry of a permanent residence permit ( Niederlassungsbewilligung C )

Pursuant to Art. 61 ABS. 2 AIG, the permanent residence permit expires if the foreign national actually stays abroad for more than six months.

Late return to Switzerland:
If the return takes place after the expiry of six months without the foreigner having requested the retention of the residence permit, the residence permit expires. The same legal consequence occurs if the return takes place after the granted period of retention. In these cases, the foreigner is considered a new entrant and is subject to the general admission provisions of the AIG and the VZAE. However, Art. 49 Abs must be observed.

If a new permit is issued to a foreign national whose settlement permit expired after a stay abroad, the earlier presence or part of it may exceptionally be credited for the period of settlement (cf. Art. 34 Abs. 3 AIG and Art. 61 VZAE).

Filing complaint against cantonal immigration authorities.

Appeals against decisions of the Office for Migration and Integration must be lodged in writing within 30 days of notification. The filing of an objection has a suspensive effect by law.

 The written objection must contain a request and a statement of substantiation. Objections that do not meet these requirements will not be considered. The objection must be supported by a signature.

An appeal against an objection decision may be lodged before the Administrative Court within 30 days of the date on which the objection was served. The Administrative Court rules as the last cantonal instance.

The Federal Supreme Court is the highest judicial authority in Switzerland. It adjudicates in the last instance on appeals against judgments of the highest cantonal courts, the Federal Criminal Court and the Federal Administrative Court. The areas concerned are civil law, criminal law and administrative law.

Appeal against refusal, annulment or revocation of visa

An appeal against a decision to refuse a visa must be lodged in writing (German, French, Italian) within 30 days of the decision being issued, stating the grounds for the appeal (Art. 6 Abs. 2bis of the Federal Act on Foreign Nationals and Integration; AIG, SR 142.20).

The requirements for entry into Switzerland vary depending on the purpose of stay (e.g. tourism, visit, gainful employment, family reunification or study) and depends on the nationality of the traveler. In principle, foreign nationals need a valid travel document recognized by Switzerland in order to enter Switzerland, in addition to the requirements to be fulfilled according to the Ordinance on Entry and the Issuance of Visas (VEV, SR 142.204). In addition, a visa is required in certain cases.

Switzerland is an associate member of the Schengen Agreement and therefore part of the Schengen area countries. The provisions of the Schengen Agreement therefore apply to entry and a stay of up to three months that does not require a visa. Foreigners may stay in Switzerland or in the Schengen countries for a maximum of 90 days within a period of 180 days. For persons requiring a visa, Switzerland issues Schengen visas for a stay of up to three months, which are generally valid for the entire Schengen area.

The Schengen member states include: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden.

Declaration of commitment

The Swiss representations abroad may stipulate that the issuance of a visa is dependent on the submission of a declaration of commitment if the applicant does not have sufficient financial means or if there are doubts about this. In this way, the guarantor undertakes to bear the uncovered costs (including accident, illness, return journey) which the state or private renderers of medical services might incur as a result of the foreign person’s stay, up to an amount of CHF 30,000.00.

Consulting of companies settling in Switzerland / Corporate Immigration Services

Corporate Immigration Services & Employment and work permits for foreign workers in Switzerland

The employment of a foreign worker with an employer in Switzerland is subject to authorization. In principle, the employer must submit the application to obtain the work permit to the relevant cantonal authority in Switzerland.

For non-EU/EFTA citizens, an entry visa is also necessary, depending on the case and the duration of the employment. This can only be issued once the necessary permit has been obtained from the corresponding cantonal authority.

Legal advice and representation:

We render advice on all questions regarding migration law, residence permit, permanent residence permit – in all matters of Swiss immigration law and laws governing foreign nationals in Switzerland.

In particular, we apply for and perform the following legal services for you:

Legal advice in the law on foreigners, migration law;
Application for, granting and revocation of permits for foreigners;
Application for residence permits for foreign citizens in Switzerland;
Problems with the granting of residence permits;
Regulation of family reunification;
Separation, divorce and consequences for the residence permit;
Appeals, statements, letters to the migration authorities
Naturalization applications, facilitated naturalizations with the State Secretariat for Migration, etc.

Get residence permit in Switzerland through lump-sum taxation

For wealthy foreigners, moving to Switzerland is definitely worthwhile. If they do not work in Switzerland, they benefit from lump-sum taxation. In this case, the cantons can apply to the federal government for a special residence permit.

Taxation on the basis of expenditure is intended for foreigners who transfer their residence for tax purposes to Switzerland without actually being employed here.

Specialize in appeals and immigration decisions

Our law firm is located in the heart of Zurich. We advise and represent foreigners in migration law and offer comprehensive legal advice regarding residence, work and settlement permits. In addition, we are available to assist you in immigration law and appeal proceedings throughout Switzerland.

lic. iur. Sara Brandon-Kaufmann Attorney at Law LL.M., is admitted to the Swiss Bar Association (SAV) and authorized to represent clients before all authorities and courts including the Federal Supreme Court of Switzerland.

As an attorney and lawyer, I have been solving everyday and complex legal cases for over twenty years. I will be ready to help you analyze the core underlying issues. Talk about your problems, formulate your questions and get advice at an early stage.
General practitioner with a particular focus on administrative and social security law: foundation law, pension funds and occupational benefits, AHV contribution law, inheritance law, business law, insurance law and contract law.
Sara Kaufmann was born and raised in Zurich-Wipkingen. After graduating from high school she studied at the University of Zurich. As a lawyer she worked in various positions in courts, judiciary and public prosecutor's office, private and state institutions.
EDUCATION:

2013 Master of Laws (LL.M.) UBC
2005 Leader management training in Zurich
2001 Acquisition of the license to practice law (Bar Admission )
1995 Study of law at the University of Zurich
1988 Matura type D at the Cantonal High School Stadelhofen Zurich

PROFESSIONAL SCOPE:

2014-2017 | Legal service of the compensation Fund of the SVA Zurich (contribution law, calculation and payment of AHV/IV benefits, supplementary benefits and consumption/depletion of assets)

2008-2011 | Legal service of the Social Insurance Institution of the Canton of Zurich (employer liability, AHV contributions, liability of governing bodies for unpaid AHV contributions, reimbursement and remission procedures, payment agreement, request for payment in installments/deferments of contributions)

2005-2006 | Zürcher Kantonalbank (training for pension fund managers, executive bodies & boards of trustees)

2004-2006 | Office for occupational pensions and foundations of the Canton of Zurich (pension fund supervision)

2003 | Business law firm Zurich (civil law, corporate law, commercial administrative law, asset recovery, mutual legal assistance and international arbitration)

2001-2003 | Chief Public Prosecutor of the Canton of Zurich (white-collar crime, economic delinquency & money laundering proceedings)

1997-2001 | District Court of Zurich (inheritance matters, matrimonial / marriage protection, labor court, bankruptcy and inheritance)

1996 | Directorate of Justice and of Internal Affairs -> Department of Justice of the Canton of Zurich
MEMBERSHIP:
Swiss Bar Association SAV / FSA
(Schweizerischer Anwaltsverband) www.sav-fsa.ch

Zurich Bar Association (Zürcher Anwaltsverband www.zav.ch)
Democratic Lawyers Zurich (DJZ www.djz.ch)
Entered in the Register of Attorneys of the Canton of Zurich ( Higher Court of the Canton of Zurich ).
Entered in the Cantonal Register of Lawyers by decision of the Supervisory Commission over the attorneys at law.