M^e Jean-Philippe Anthonioz

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The residence of foreign nationals in Switzerland is governed primarily by the Federal Act on Foreign Nationals and Integration (FNIA/LEI), for nationals of third States, and by the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the European Union, for EU/EFTA nationals. Swiss citizenship is governed by the Swiss Citizenship Act (SCA/LN). Asylum law (AsylA) is a distinct field, not covered on this page.

In the canton of Geneva, the first-line authority is the Cantonal Office for Population and Migration (OCPM). For many decisions concerning third-country nationals (in particular the initial issue of a permit), an approval from the State Secretariat for Migration (SEM) in Bern is required. Cantonal decisions may be challenged before the Administrative Court of First Instance (TAPI), then before the Administrative Chamber of the Court of Justice and, in certain cases, the Federal Supreme Court.

Given the importance of the stakes (loss of right of residence, family separation, ban on entry), it is recommended to consult a lawyer without delay, ideally before filing a complex application or upon notification of an unfavourable decision.

Table of contents

Last update : 27.04.2026

The type of residence title determines everything : right to work, length of stay, right to bring family members, and ultimately access to Swiss citizenship. Choosing the right permit and applying for it correctly is essential. Procedures depend heavily on the applicant's nationality : the regime is significantly more flexible for EU/EFTA nationals than for third-country nationals, who are subject to quotas and strict conditions.

The main permits

• L permit (short-term) : for limited stays, generally up to 12 months (renewable once). Tied to a specific purpose (temporary employment, secondment, short studies).
• B permit (residence permit) : annual title, renewable. Issued for long-term stays : employment contract, family reunification, studies, retirement (under conditions).
• C permit (settlement permit) : title of unlimited duration. As a rule, after 5 years of residence for EU/EFTA nationals and certain treaty States (notably the United States and Canada), and after 10 years for others, provided the person is well integrated. The C permit provides significant stability and facilitates day-to-day life (housing, employment, banking).
• G permit (cross-border commuter) : for persons residing in the border area of a neighbouring State and working in Switzerland, returning home as a rule at least once a week.
• Ci, F, S, N permits : special titles (family members of international officials, provisional admission, temporary protection, asylum seeker). They are subject to their own regimes, distinct from the present overview.

How to obtain a permit : main routes

• Employment : for an EU/EFTA national, an employment contract generally opens the right to a B permit (or L for short missions). For a third-country national, the authorisation is subject to quotas, an examination of the economic interest and the priority of resident workers : the procedure is significantly more restrictive and the employer plays a central role.
• Family reunification : see the Family reunification chapter for the conditions and deadlines that apply to spouses and children.
• Studies : a B study permit is issued to persons admitted to a recognised institution, subject to conditions of financial means, accommodation and a guarantee of leaving Switzerland at the end of the studies (this last condition being relaxed for EU/EFTA).
• Retirement, residence without gainful activity : possible under strict conditions (sufficient financial resources, particular ties with Switzerland) for persons over approximately 55 years old.
• Hardship case : exceptionally, the authority may issue a B permit in case of an extremely serious personal situation (length of stay, integration, family situation, consequences of return). Careful argumentation is essential.

Permit renewal

The renewal application must in principle be filed before the expiry of the permit. If filed in time, you remain in compliance during the review, even if the new card has not yet been issued : a provisional certificate may be obtained from the OCPM. Renewal is not automatic : it presupposes that the conditions for granting the permit are still met (e.g. employment, resources, integration, no prolonged dependence on social welfare).

Are you preparing a permit application or renewal ? A preliminary consultation helps avoid pitfalls (incomplete file, wrong legal basis, condition not met). You can book an appointment by phone or an   online appointment .

Family reunification allows, under certain conditions, a foreign family member to join a person already established in Switzerland. Conditions and deadlines vary depending on the status of the person in Switzerland (Swiss citizen, C, B or L permit) and the family tie (spouse, children, ascendants).

Who can be reunited?

• Spouse and minor children of a Swiss citizen, a holder of a C permit or a B permit : reunification generally possible, under conditions.
• Spouse and minor children of an L permit holder : reunification more restrictive, given the temporary nature of the stay.
• Registered partnership : treated as marriage for family reunification purposes.
• Ascendants (parents, parents-in-law) : as a rule, reserved for EU/EFTA nationals whose maintenance is guaranteed. For third-country nationals, family reunification of parents is in principle not possible.
• Cohabiting partners : no right of family reunification as such. A hardship permit may be considered in case of a long-lasting relationship combined with other particular circumstances.

Usual conditions

• Suitable accommodation : housing of a size adapted to the family.
• Sufficient financial resources : to provide for the family's needs without recourse to social welfare.
• Effective shared life : the family community must be real and lasting ; sham marriages are sanctioned.
• Integration : compliance with the legal order, language skills as expected depending on the case.

Deadlines to observe

The family reunification application must be filed within strict deadlines from the time the family member already in Switzerland obtained his or her permit, or from birth/marriage :

• 5 years for the spouse and children under 12 ;
• 12 months for children aged 12 or over.

Outside these deadlines, reunification is admitted only on major family grounds (e.g. death of the parent remaining abroad, demonstrated inability to provide care), interpreted restrictively. Acting early is therefore preferable.

Dissolution of the union and continued residence

In case of separation or divorce, the foreign spouse may, in some circumstances, retain the permit on his or her own account : if cohabitation in Switzerland lasted at least 3 years and integration is successful, or in case of major personal reasons (e.g. domestic violence making continuation of the union unbearable, danger upon return). This sensitive analysis must be anticipated : it is useful to address it before separation where possible.

Are you preparing a family reunification application or worried about the consequences of a separation ? A consultation helps assess the deadlines, supporting documents and strategy. You can book an appointment by phone or an   online appointment .

Three types of unfavourable decisions can be challenged : a refusal of a permit (initial issue or change of status), a non-renewal (the permit expires and is not extended) and a revocation (the permit is withdrawn before its expiry, e.g. due to a criminal conviction or prolonged dependence on social welfare). In all cases, the deadline to react is short : 30 days.

Appeal deadline : 30 days

The appeal deadline is generally 30 days from the notification of the decision. The appeal must be filed in writing, with reasons, signed, and accompanied by the contested decision and the relevant documents. A missed deadline is fatal : the decision becomes final and enforceable. It is therefore essential to act without delay upon receiving the decision.

Authorities in Geneva

• 1^st instance : Administrative Court of First Instance (TAPI) — the appeal against the OCPM decision is brought before the TAPI within 30 days.
• 2^nd instance : Administrative Chamber of the Court of Justice — an appeal may be lodged against the TAPI judgment within 30 days.
• Last instance : Federal Supreme Court — an appeal in public-law matters may be filed within 30 days, but access to the Federal Supreme Court is limited (in particular for family reunification based on marriage with a Swiss citizen or a C permit holder).

Suspensive effect

An appeal in principle has automatic suspensive effect : while the procedure is pending, the contested decision cannot be enforced and you do not have to leave Switzerland. This effect may, however, be withdrawn in some cases (e.g. public security at stake). If withdrawn, restitution can be requested on an urgent basis : action must then be taken within hours or days.

Frequently useful arguments

• Weighing of interests : length of stay, integration, professional situation, conduct, ties with Switzerland against the public interest in removal.
• Family life protected by art. 8 ECHR : respect for the right to family life precludes, in some cases, removal.
• Principle of proportionality : the measure taken by the authority must be necessary, suitable and proportionate to the purpose pursued.
• Error in the establishment of the facts : documents not taken into account, inaccurate facts, incomplete hearing.

Have you received a refusal, a non-renewal or a revocation ? The 30-day deadline runs from notification : act without delay. You can book an appointment by phone or an   online appointment .

Criminal expulsion is a measure ordered by the criminal judge, in addition to the sentence, against a foreign national convicted of certain offences. It entails the obligation to leave Switzerland and an entry ban for the duration ordered. It is a heavy measure that must be anticipated from the very start of the investigation in the criminal proceedings, not only at the time of the judgment.

Mandatory expulsion

The Criminal Code provides a catalogue of offences for which the judge must, in principle, order expulsion (notably : murder, grievous bodily harm, rape and other offences against sexual integrity, robbery, aggravated drug trafficking, certain serious social-insurance fraud, human trafficking). The duration is set between 5 and 15 years, or even 20 years to life in case of recidivism within the catalogue.

Non-mandatory expulsion

Outside the catalogue, the criminal judge may also order non-mandatory expulsion in case of a serious offence (custodial sentence above a certain threshold, or conviction for particularly reprehensible conduct). The duration may range from 3 to 15 years. The decision is based on a weighing of interests.

The hardship clause

The judge may refrain, exceptionally, from ordering expulsion when expulsion would place the foreign national in a serious personal situation and provided that the public interests in expulsion do not outweigh the private interest in remaining in Switzerland. Factors taken into account include :

• the length of stay in Switzerland (a foreign national born or raised in Switzerland enjoys particular protection) ;
• the family situation (couple's life, children in Switzerland, link with custody and support) ;
• integration (employment, training, language, conduct) ;
• ties with the country of origin (language, family, possibility of reintegration) ;
• the consequences of return (medical, security).

The hardship clause is applied restrictively. Careful argumentation, supported by documents (certificates, medical certificates, evidence of integration, family situation, expert evidence on the conditions upon return), is essential : it is prepared during the investigation, not on the day of trial.

Interaction with the residence permit

Criminal expulsion entails, on its expiry, the loss of the permit and an entry ban on Switzerland for the duration ordered. It cumulates, in principle, with administrative consequences (revocation of the permit by the OCPM). If expulsion is not ordered, the OCPM retains the power to examine the administrative consequences of the conviction and to revoke or refuse to renew the permit.

Are you a defendant facing possible expulsion ? The defence must integrate the immigration dimension from the very start of the criminal proceedings (see also the Criminal law page). You can book an appointment by phone or an   online appointment .

Swiss citizenship is most often acquired through naturalisation. Two main routes coexist : ordinary naturalisation (the most common) and facilitated naturalisation (mainly for spouses of Swiss citizens and certain children). In all cases, the Swiss procedure has three levels : federal, cantonal and communal.

Ordinary naturalisation

Main conditions :

• C permit (settlement permit) at the time of the application ;
• 10 years of regular residence in Switzerland, including 3 years during the 5 years preceding the application. The years spent between the ages of 8 and 18 count double ;
• Successful integration : compliance with the legal order and constitutional values, participation in economic life or in education, encouragement and support for the family's integration ;
• Familiarity with Swiss living conditions (customs, geography, institutions) ;
• Language skills : as a rule, B1 oral and A2 written in a national language ;
• no threat to public security, no prolonged dependence on social welfare during the last 3 years (unless reimbursed).

In addition to these federal conditions, requirements set by the canton (generally 2 to 5 years of residence in the canton) and the commune apply. In Geneva, the OCPM (Citizenship Service) handles the file at cantonal level.

Facilitated naturalisation

This faster route is mainly aimed at :

• the foreign spouse of a Swiss citizen : as a rule, marriage of at least 3 years and 5 years of total residence in Switzerland, including 12 months immediately before the application ; or, if domiciled abroad, 6 years of marriage with a Swiss national, with close ties to Switzerland ;
• children of a Swiss parent who does not (or no longer) hold Swiss citizenship, under certain conditions ;
• young foreign nationals of the 3^rd generation (with at least grandparents who already lived in Switzerland), born or raised in Switzerland, under strict conditions.

The procedure is mainly federal (the SEM decides), with the canton and commune being consulted. Integration, compliance with the legal order and language requirements remain strict.

Procedure and timeframe

The overall timeframe for ordinary naturalisation is generally 1 to 3 years (variable depending on the canton, commune and complexity of the case). The applicant must in principle attend an interview and, in some communes, take a test (language, civics). A communal commission may interview the candidate.

Swiss citizenship is not a right : the authority enjoys a margin of appreciation. A refusal must, however, be reasoned and based on objective and non-discriminatory criteria. Depending on the level, an appeal is open within 30 days (TAPI then Administrative Chamber in Geneva ; Federal Administrative Court for facilitated naturalisation).

Are you preparing a naturalisation application or have you received a refusal ? A consultation helps verify the strength of the file and, in case of refusal, to assess the chances on appeal. You can book an appointment by phone or an   online appointment .

If you would like further advice, please contact the secretariat of the firm by phone to arrange an appointment for a consultation at a flat rate. You can also reach the firm using the contact details below. You can also book an   online appointment.

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• J.-P. Anthonioz
• Photography : V. Palstsiuk ( BY 2.0)
• avocat.anthonioz.ch
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