Category Archives: Immigration Services

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.

 

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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.