Key Benefits:
24 October 2007 (State 1 Er January 2016)
1 This order shall apply in so far as the association agreements in Schengen and Dublin do not otherwise have them. 2
2 The association agreements in Schengen are listed in Annex 3.
3 The association agreements in Dublin are listed in Annex 4. 3
1 New content according to the c. I 3 O du 22 oct. 2008 (Schengen and Dublin), in force since 12 Dec. 2008 ( RO 2008 5421 ).
2 New content according to the c. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
3 Introduced by ch. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force-then 1 Er Jul. 2015 ( RO 2015 1849 ).
(art. 11, para. 2, LEtr)
1 Any activity carried on for an employer whose head office is in Switzerland or abroad, irrespective of whether the salary is paid in Switzerland or abroad and that the activity is carried out on an hourly basis, shall be considered as an employee activity Or on a temporary basis.
2 Any activity carried on as an apprentice, trainee, volunteer, sportsman, social worker, missionary, person carrying on a religious, artistic or religious activity is also considered as an employee activity. Employee au pair. 2
1 Introduced by ch. I 3 O du 22 oct. 2008 (Schengen and Dublin), in force since 12 Dec. 2008 ( RO 2008 5421 ).
2 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6273 , 2009 349).
1 Any activity carried on by a person in the context of its own organisation, freely chosen, for profit, subject to its own material instructions and at its own risk, shall be regarded as an independent profit-making activity. Perils. This freely chosen organisation can be managed, for example, in the form of a trade, a factory, a service provider, an industry or another case.
2 It is also considered to be a gainful occupation independent of the practice of a profession such as a doctor, a lawyer and a trustee.
A supply of a limited duration provided in Switzerland in the context of a contract by a person or business of which the domicile or the seat is situated abroad is considered to be a cross-border service provision.
1 The service responsible, under the cantonal law, to grant work permits decides whether the activity of a foreigner is considered to be a gainful occupation within the meaning of Art. 11, para. 2, LEtr.
2 In case of doubt, it shall submit the case, for decision, to the State Secretariat for Migration (SEM) 1 .
If an application for leave to stay or for a short period with a gainful occupation is accepted and if the person concerned is still abroad, the competent authority shall authorise the Swiss representation to issue a visa. If the visa is not required, an insurance of the authorisation shall be established on request by the competent authority.
1 New content according to the c. I 3 O du 22 oct. 2008 (Schengen and Dublin), in force since 12 Dec. 2008 ( RO 2008 5421 ).
1 The conditions of admission referred to in Art. 17, para. 2, LEtr is clearly fulfilled in particular where the documents provided attest to a legal right or a right deriving from public international law for the grant of a short-term residence or residence permit, where there is no reason to Revocation within the meaning of s. 62 LEtr does not exist and the person concerned agrees to cooperate within the meaning of s. 90 LEtr.
2 Measures such as the undertaking of a matrimonial or family procedure, the schooling of children, the purchase of property, the renting of an apartment, the conclusion of a contract of employment, the creation or participation in a business Do not, on their own, confer any right in the authorisation procedure.
The authorizations of the trade and health police, as well as other authorisations of the same kind entitling foreigners to practice a profession, do not replace the authorization under the right of aliens granted in view To engage in a gainful occupation. If the foreign national does not yet have the authorisation, a reservation will be mentioned in the authorisation for the exercise of a profession.
(art. 13, para. 1, LEtr)
1 Are valid for the declaration of arrival:
2 The declaration of arrival may be made without a valid foreign legitimation when:
3 As part of the authorisation and declaration of arrival procedure, the competent authorities may require the presentation of original legitimation documents and make copies thereof. They may order the deposit of legitimising documents where concrete evidence indicates that they could be destroyed or rendered unusable.
4 Foreigners are required to show, upon request, their foreign credentials to the authorities responsible for the control of persons or to present them within a reasonable period of time.
1 New content according to the c. 1 of Annex 4 to the O of 14 Nov 2012 on the establishment of foreign travel documents, in force since 1 Er Dec. 2012 ( RO 2012 6049 ).
2 RS 143.5
(art. 10 LEtr)
1 Foreigners without gainful employment in Switzerland must not be in possession of an authorisation or declare their arrival if their stay does not exceed three months over a period of six months from their entry into Switzerland (not subject to authorisation). The data subject must provide, if necessary, relevant documents to certify the date of entry.
2 The conditions of entry under s. 5 LEtr must be completed for the duration of the stay not subject to authorisation.
1 Foreigners who enter Switzerland for a period of more than three months without a gainful occupation and who have an authorisation to enter Switzerland (art. 5) must declare their arrival within 14 days after their entry into Switzerland with the service designated by the canton so that their stay is settled.
2 Foreigners must announce themselves no later than 14 days before the expiry of the period of their stay not subject to authorisation (Art. 9) when they want to change the purpose of their stay after their arrival in Switzerland.
Foreigners who have a visa for a stay of up to three months must apply for an extension of their visa 14 days before the expiry of the visa with the cantonal authority competent for foreigners (art. 88, para. 1), when they cannot leave Switzerland within the time limits fixed by the visa or when the purpose of their stay has changed.
(art. 12, para. 3, and art. 14 LEtr)
1 Foreigners who have an authorization to enter (s. 5) to engage in a gainful occupation or a cross-border service in Switzerland by four months over a period of twelve months (Art. 19, para. 4, let., and 19 A , para. 2) are not required to report their arrival. 1
2 Persons who have an authorization to enter (s. 5) to engage in a gainful occupation in Switzerland for more than four months in total over a period of twelve months may exercise their activity as soon as they have declared their arrival, provided that no contrary decision has been taken.
3 Artists (art. 19, para. 4, let. (b) must declare their arrival in Switzerland regardless of the length of their stay. 2
1 New content according to the c. I of O du 22 oct. 2014, in force since 1 Er Jan 2016 ( RO 2014 3541 ).
2 New content according to the c. I of O du 22 oct. 2014, in force since 1 Er Jan 2016 ( RO 2014 3541 ).
Foreigners working as private staff and accompanying their employer, who do not engage in a gainful occupation, in the course of a stay not subject to authorisation, shall be subject to the provisions on declaration and authorisation provided for in Art. 9.
1 Foreigners who provide a cross-border supply (art. 3) or who engage in a gainful occupation in Switzerland on the terms of office of a foreign employer, must be in possession of an authorization when carrying on business more than eight days per calendar year.
2 If the activity lasts longer than expected, a return must be made before the expiry of the eight-day period. Once the declaration is made, the profit-making activity can be continued until authorisation is granted, provided that the competent authority does not take another decision.
3 Foreigners must be in possession of an authorisation irrespective of the length of their stay when they engage in a gainful cross-border activity in one of the following sectors:
1 RS 943.1
2 Introduced by c. II of the O of 19. 2014, in force since 1 Er Nov 2014 ( RO 2014 3175 ).
(art. 12, para. 3, and 15 LEtr)
1 In the case of a change of municipality or township, foreigners must report their arrival within 14 days to the competent service of the new place of residence (art. 17) and declare their departure within the same time limit with the competent service of their former place of residence.
2 Foreigners who move their place of residence abroad must declare their departure to the competent service of their former place of residence no later than 14 days before leaving Switzerland.
1 Persons who, during the week, engage in a gainful occupation or take training in another place without transferring the centre of their interests must declare their situation to the authorities of the weekly place of stay in 14 days if the weekly stay lasts for more than three months per calendar year.
2 If the weekly residence situation ends, they must declare their departure to the competent service according to Art. 17 within fourteen days.
The cantons designate the services responsible for receiving the declarations of departure and arrival.
(art. 16 LEtr)
1 The person who lodges a foreigner for remuneration is required to fill out an arrival form on the basis of the indications contained in the foreign credentials and to have him signed. The person housed is required to present his or her credentials to the logger for this purpose. The ballot must be transmitted to the competent cantonal authority.
2 For groups, the arrival is declared by means of a list signed by a person responsible for the trip.
1 A short-term residence permit within the meaning of Annex 1 may be issued for a limited stay with a view to the exercise of a gainful occupation of up to one year.
2 A residence permit within the meaning of Annex 2 may be issued for a stay with a view to the exercise of a gainful occupation of more than one year.
1 Introduced by ch. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
1 Cantons may issue to nationals of non-EU or EFTA States short-term residence permits within the limits of the maximum numbers set out in Annex 1, c. 1, let. A.
2 The maximum number of authorizations available to the Confederation is set out in Annex 1, c. 1, let. B. It serves to rebalance the needs of the economy and the labour market of the cantons.
3 The SEM may, upon request, divide between the cantons the maximum number of authorisations available to the Confederation. It shall take into account the needs of the cantons and general economic interests for the quota period set out in Annex 1.
4 Are not counted in the maximum number of authorizations referred to in paras. 1 and 2 foreigners:
1 New content according to the c. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
1 The cantons may issue to nationals of EU or EFTA States as well as to persons referred to in Art. 2, para. 3, of the order of 22 May 2002 on the introduction of the free movement of persons 2 Short-term residence permits within the limits of the maximum numbers set out in Annex 1, c. 4 and 5, if: 3
2 Not counted in the maximum number of authorizations referred to in para. 1 foreign nationals who carry on an activity in Switzerland for a total of four months over a period of twelve months, provided that:
1 Introduced by ch. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
2 RS 142.203
3 New content according to the c. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
1 The cantons may issue residence permits to persons from States who are not members of the EU or EFTA, within the limits of the maximum numbers set out in Annex 2, c. 1, let. A.
2 The maximum number of authorizations available to the Confederation is set out in Annex 2, c. 1, let. B. It serves to rebalance the needs of the economy and the labour market of the cantons.
3 The SEM may, upon request, divide between the cantons the maximum number of authorisations available to the Confederation. It shall take into account the needs of the cantons and general economic interests for the quota period set out in Annex 2.
1 New content according to the c. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
The cantons may issue to nationals of EU or EFTA States as well as to persons referred to in Art. 2, para. 3, of the order of 22 May 2002 on the introduction of the free movement of persons 2 Residence permits within the limits of the maximum numbers set out in Annex 2, c. 4 and 5, if: 3
1 Introduced by ch. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
2 RS 142.203
3 New content according to the c. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
(art. 20 LEtr)
There is no imputation on the maximum number of authorisations (Art. 19 to 20 A ) When the alien: 1
1 New content according to the c. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
(art. 22 LEtr)
1 In order to determine the wages and working conditions in use in the locality and the occupation, account must be taken of the legal requirements, collective agreements and contracts-types of work and of wages and salaries. Conditions for similar work in the same company and in the same branch. It is also important to take into account the results of statistical statements on wages.
2 The employer is required to submit a contract of employment or confirmation of the mandate to the competent service under the cantonal labour market access law. For cross-border service benefits, it must present the certification of the secondment and the benefit contract. These documents must indicate the duration of the gainful occupation, the conditions of commitment and the salary.
(art. 27 LEtr)
1 A foreigner can prove that he or she has the necessary financial resources for training or development, including:
2 Personal qualifications (art. 27, para. 1, let. D, LEtr) are sufficient in particular where no previous stay, no previous application procedure or any other element indicates that the training or development relied on is intended solely to circumvent the general requirements of The admission and residence of foreigners. 2
3 Training or development is normally allowed for up to eight years. Derogations may be granted for training or development for a specific purpose. 3
4 The pursuit of a gainful occupation is based on art. 38 to 40.
1 New content according to the c. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
2 New content according to the c. I of the O of 3 Dec. 2010, effective from 1 Er Jan 2011 ( RO 2010 5959 ).
3 New content according to the c. I of O du 4 Dec. 2009, effective from 1 Er Jan 2010 ( RO 2009 6413 ).
(art. 27 LEtr)
1 Schools offering training or development courses to foreigners must guarantee a suitable course offer and respect the curriculum. The competent authorities may limit the admission to training or development courses only to recognised schools.
2 The teaching programme and the duration of the training or development courses must be fixed.
3 The school management must confirm that the candidate has the required level of training and language skills to complete the training.
4 In duly substantiated cases, the competent authorities may also request that a language test be conducted.
(art. 28 LEtr)
1 The minimum age for admission of annuitants is 55 years.
2 Trails have specific personal ties with Switzerland, including:
3 They are not allowed to engage in a gainful occupation in Switzerland or abroad, except for the management of their own fortune.
4 The financial means are sufficient when they exceed the amount authorized by a Swiss citizen and possibly the members of his family to receive supplementary benefits in accordance with the law of 6 October 2006 on benefits Complementary 1 . 2
1 RS 831.30
2 Introduced by ch. I of the O of 29 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4371 ).
(art. 30, para. 1, let. A, and 45 LEtr)
1 The spouse and foreign children of the holder of a short-term residence permit may be authorised to carry on an employment if:
2 Permission to engage in a gainful occupation with the spouse and foreign children of the holder within the meaning of para. 1 is limited to the period of validity of the short-term residence permit of the person who has benefited from the family reunion.
(art. 46 LEtr)
Spouse and children with the right to engage in a gainful occupation may start work without having to undergo an additional authorization procedure.
1 Repealed by c. I of O du 4 Dec. 2009, with effect from 1 Er Jan 2010 ( RO 2009 6413 ).
(art. 30, para. 1, let. B, LEtr)
1 Foreign children of Swiss nationals for whom the provisions relating to family reunification under Art. 42 LEtr does not apply for a residence permit if reintegration or facilitated naturalization within the meaning of s. 21, para. 2, 31 B , para. 1, 58 A , para. 1 and 3, and 58 C , para. 2, of the Federal Act of 29 September 1952 on Nationality (LN) 1 Is possible.
2 The exercise of a gainful occupation may be authorised if the conditions laid down in Art. 31, para. 3 or 4, are completed.
(art. 30, para. 1, let. B, LEtr)
1 Persons who have been released from Swiss nationality (art. 23 LN 1 ) May obtain a residence permit if they have close links with Switzerland.
2 The exercise of a gainful occupation may be authorised if the conditions laid down in Art. 31, para. 3 or 4, are completed.
3 The general conditions of admission of the LEtr apply to persons whose nationality has been annulled in accordance with Art. 41 LN or removed in accordance with s. 48 of the same Act.
(art. 30, para. 1, let. B, LEtr; s. 14 LAsi)
1 In order to allow an unauthorised foreigner to undergo initial vocational training, a residence permit may be granted for the duration of the training under the following conditions:
2 The authorization may be extended upon completion of the initial training if the conditions under s. 31 are completed.
3 A residence permit may be granted to the parents and the brothers and sisters of the person concerned if they fulfil the conditions laid down in Art. 31.
1 Introduced by ch. I of O du 7 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2012 7267 ).
(art. 30, para. 1, let. B, 50, al. 1, let. B, and 84, para. 5, LEtr; s. 14 LAsi)
1 A residence permit may be granted in individual cases of extreme gravity. In the assessment, it should be taken into account in particular:
2 The applicant must justify his or her identity.
3 The exercise of an employed activity may be authorised if:
4 The exercise of an independent profit-making activity may be authorised if:
5 If the applicant has so far been unable to engage in a gainful occupation because of his age, his health or a prohibition on working under s. 43 LAsi, it should be taken into account when considering its financial situation and its willingness to take part in economic life (para. 1, let. (d).
(art. 30, para. 1, let. B, LEtr)
1 Short-term authorisation or residence authorisation may be granted with a view to safeguarding major public interests. In the assessment, the following must be taken into account:
2 The exercise of a gainful occupation may be authorised at admission in accordance with para. 1, let. A and b, if the conditions set out in s. 31, para. 3 or 4, are completed.
(art. 30, para. 1, let. C, LEtr)
Authorizations for residence may be granted to children placed if the conditions to which the civil code 1 Submits the welcome of these children are fulfilled.
1 Repealed by c. I of O du 22 oct. 2014, with effect from 1 Er Jan 2016 ( RO 2014 3541 ).
(art. 30, para. 1, let. E, LEtr)
1 If there is reason to believe that a foreigner whose stay in our country is not regular is a victim or witness to trafficking in human beings, the cantonal authority competent in the field of aliens (art. 88, para. 1) gives it a period of recovery and reflection, during which the person concerned can rest and must decide whether he is willing to continue his collaboration with the authorities. During this period, no enforcement measures under the law of foreigners are applied. The duration of the recovery and reflection period determined by the cantonal authority depends on the particular case, but at least 30 days. 2
2 The period of recovery and reflection shall end before the expiry date if the person concerned declares his willingness to cooperate with the competent authorities and confirms that he has severed all ties with the alleged perpetrators. 3
3 The time for recovery and reflection is also due to the person concerned: 4
1 New content according to the c. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
2 New content according to the c. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
3 New content according to the c. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
4 New content according to the c. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
(art. 30, para. 1, let. E, LEtr)
1 Where the presence of the victim or witness is still required, the competent authorities for police research or judicial proceedings shall inform the competent cantonal authority in respect of aliens (art. 88, para. 1), specifying the duration, before the end of the cooling-off period (Art. 35).
2 The competent authority in respect of aliens of the canton in which the offence was committed issues a short-term residence permit for the probable duration of the police investigation or judicial proceedings. If police investigations are carried out in several cantons, it is the last canton in which the person has been granted short-term residence permits. 1
3 In accordance with the reasons set out in Art. 35, para. 3, the authorization may be revoked or not extended.
4 The exercise of a gainful occupation may be authorised if:
5 The person concerned must leave Switzerland when the period of reflection granted has expired or when his/her stay is no longer required for the purposes of the investigation and judicial proceedings.
6 An extension of the stay may be authorised in the presence of an individual case of extreme gravity (art. 31). The special situation of victims or witnesses to trafficking in human beings should be taken into account. The granting of provisional admission (Art. 83 LEtr) is reserved.
1 New content according to the c. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
(art. 30, para. 1, let. E, LEtr)
1 Foreigners are granted residence permits in the context of the extra-procedural protection of witnesses:
2 The authority responsible for aliens in the canton in which the person to be protected is placed is responsible for granting residence permits to foreigners in the context of the extra-procedural protection of witnesses. The grant shall be in agreement with the Witness Protection Service.
3 The exercise of a gainful occupation may be permitted if the conditions under s. 31, para. 3 or 4, are completed.
1 Introduced by ch. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
2 RS 312.2
(art. 30, para. 1, let. F, LEtr)
Temporary or short-term authorisations may be granted in the context of economic and technical cooperation projects in the field of aid and development if:
(art. 30, para. 1, let. G, LEtr)
1 Foreigners who take training or upgrading in a high school or a specialized high school in Switzerland may be permitted to carry on an ancillary activity at the earliest six months after the start of the training if:
(art. 30, para. 1, let. G, LEtr)
Foreigners who take full-time training in Switzerland may be allowed to engage in a gainful occupation during the compulsory traineeship if:
(art. 30, para. 1, let. G, LEtr)
1 Foreigners who undergo post-graduation training in a high school or a high school in Switzerland may be allowed to engage in a gainful occupation in their field of scientific specialization if:
2 The gainful occupation must not hinder post-graduation training.
(art. 30, para. 1, let. G, LEtr)
Temporary or short-term authorisations may be granted in order to facilitate international exchanges of an economic, scientific and cultural nature if:
(art. 30, para. 1, let. G, and 100, para. 2, let. E, LEtr)
1 The procedure and the granting of authorisations are laid down in the agreements concerning trainees and bilateral arrangements between administrations.
2 The SEM may grant residence permits for an internship of up to 18 months, by charging these authorities on the maximum numbers set out in the agreements concerning trainees.
3 Trainee authorisations may be extended, by decision of the SEM, within the maximum stay of 18 months.
(art. 30, para. 1, let. G, and 98, para. 2, LEtr)
1 The conditions of admission laid down by the LEtr do not apply to the following foreigners, as long as they carry out their duties:
2 The spouse, partner and children under the age of 25 of the persons designated in para. 1, let. A and b, are admitted during the term of office of such persons in respect of family reunion, if they have a common household with them. They receive a DFAE legitimation card.
3 The spouse, partner and children under the age of 21 of the persons designated in para. 1, let. C, are admitted during the term of office of such persons in respect of family reunion, if they have a common household with them. They receive a DFAE legitimation card.
(art. 30, para. 1, let. G and 98, para. 2, LEtr)
If the following persons present a contract of employment or a formal offer of work, an authorisation to engage in a gainful occupation may be granted to them as long as they carry out their duties:
(art. 30, para. 1, let. G, and 98, para. 2, LEtr)
1 Spouse or partner (s. 43, para. 2) and the children of persons referred to in s. 43, para. 1, let. A and b, admitted before the age of 21 years, are allowed to engage in a gainful occupation if they present a contract of employment or a formal offer of work. They receive a special residence permit. 1
2 Spouse or partner (s. 43, para. 3) and the children of persons referred to in s. 43, para. 1, let. C, admitted for family reunion before the age of 21 years, may be authorised to engage in a gainful occupation if they submit a contract of employment or a formal offer of work and if the conditions of remuneration and work Under s. 22 LEtr are completed.
1 New content according to the c. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
(art. 30, para. 1, let. H, LEtr)
Short-term or short-term authorisations may be granted to facilitate the exchange of senior executives and indispensable specialists in a company deploying international activities if:
1 Repealed by c. I of the O of 3 Dec. 2010, with effect from 1 Er Jan 2011 ( RO 2010 5959 ).
(art. 30, para. 1, let. J, LEtr)
1 Peer-to-peer individuals can obtain short-term residence permits if:
2 Authorizations for au pairs are granted for up to twelve months and cannot be extended.
(art. 30, para. 1, let. K, LEtr)
1 Foreigners who have already been in possession of a residence or establishment authorisation may obtain a residence or short-term authorisation:
2 The exercise of an employed activity may be authorised if:
1 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6273 ).
(art. 30, para. 1, let. K, LEtr)
Foreigners who have temporarily stayed abroad on behalf of their employer or for professional development purposes for a period of up to four years may obtain a residence permit if:
(art. 30, para. 1, let. K, LEtr)
Foreigners who have interrupted their professional activity to carry out their compulsory military service abroad may obtain a residence or short-term authorisation if:
(art. 30, para. 1, let. L, LEtr, and art. 43 (LAsi)
1 If the conditions under the right of asylum (art. 43, para. 1 to 3, LAsi) are fulfilled, asylum seekers may be allowed to temporarily engage in a gainful occupation if:
2 Asylum seekers participating in an occupation programme (art. 43 LAsi) shall be subject to the conditions laid down in the occupation programme in question.
(art. 30, para. 1, let. L, LEtr)
1 Foreigners admitted provisionally (art. 85 LEtr) and the persons to be protected (art. 75 LAsi) may be authorised to temporarily engage in gainful employment if:
2 Foreigners admitted provisionally (art. 85 LEtr) and the persons to be protected (art. 75 LAsi) who participate in an occupation program within the meaning of s. 43 LAsi are subject to the conditions set out in this programme.
3 Foreigners admitted on an interim basis may be permitted to engage in an independent gainful occupation if the financial conditions and business requirements are met (s. 19, let. B, LEtr).
1 New content according to the c. I of O du 4 Dec. 2009, effective from 1 Er Jan 2010 ( RO 2009 6413 ).
If a residence or short-term authorisation has been granted under an admission provision for a stay with a specified purpose, a new authorisation is required if the purpose of the stay changes.
(art. 32, para. 3, LEtr)
Holders of short-term residence permits may be allowed to change jobs within the same branch and in the same profession if they cannot continue to work with their employer or if one cannot Reasonably require them, provided that the change in employment is not due to the employee's behaviour.
1 Authorizations for short stays can only be granted once again after a one-year break (Art. 32, para. 4, LEtr). Exceptions are possible in duly motivated cases where, for example, it is a periodic annual activity. L' al. 2 remains reserved.
2 The foreign national must, between two authorizations of short duration of up to four months (Art. 19, para. 4, let. (a), stay at least two months abroad.
3 A foreigner may receive only once a short-term residence permit for an au pair (art. 48), for training or development (art. 23 and 24) or for an internship (art. 42). Exceptions are possible in duly motivated cases.
1 The following categories of authorities cannot be taken over immediately:
2 The data subject must prove that he or she has spent at least two months abroad between any of these authorizations.
1 New content according to the c. I of O du 22 oct. 2014, in force since 1 Er Jan 2016 ( RO 2014 3541 ).
1 The initial residence permit is valid for one year; it may be extended by two years. Exceptions are possible in duly motivated cases.
2 The piece of foreign legitimation (art. 8) must still be valid for six months after the expiry of the residence permit. Exceptions are possible in duly motivated cases.
1 The application for an extension of the residence permit (Art. 33, para. 3, LEtr) must be filed no later than fourteen days before the expiry of the period of validity of the residence permit. An extension is possible at least three months before the expiry of the term of validity. Exceptions are possible in duly motivated cases.
2 Where the person concerned has applied for an extension, the person shall be allowed to stay in Switzerland during the proceedings, provided that no other decision has been given.
(art. 34, para. 2, and 96 LEtr)
Before granting an establishment authorisation, it is necessary to consider what the applicant's behaviour has been so far and whether his degree of integration is sufficient.
(art. 34, para. 3, LEtr)
The authorisation of establishment may be granted in advance where the applicant has already been granted such authorisation for at least 10 years and that his stay abroad has not lasted more than six years.
(art. 34, para. 4, LEtr)
1 The authorisation of establishment may be granted in the case of successful integration, in particular when the foreigner:
2 The examination of the application for early grant of the establishment authorisation takes into account the degree of integration of the family members aged over 12 years.
1 www.coe.int/T/DG4/Portfolio/? L=E&M=/main_pages/levels.html
(art. 41, para. 3, LEtr)
The residence permit for persons holding an establishment authorisation must be submitted or submitted for extension to the competent cantonal authority in respect of aliens (Art. 88, para. 1) no later than 14 days before expiry. The extension shall be granted no earlier than three months before the due date. Exceptions are possible in duly motivated cases.
1 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6273 ).
(art. 30, para. 1, let. L, LEtr and art. 43 (LAsi)
1 Asylum seekers (art. 52) may be allowed to change jobs if
2 Persons admitted provisionally and persons to be protected (art. 53) may be authorized to change employment when the provisions relating to remuneration and work (Art. 22 LEtr) are respected.
Anyone who has been granted asylum in Switzerland or has been provisionally admitted as a refugee is entitled to engage in a gainful occupation and to change employment when the provisions relating to remuneration and work (art. 22 LEtr) are respected.
Foreigners may only have residence, short-term or institutional authorisation in a single canton. Authorisations shall be valid in the territory of the canton which has issued them.
(art. 37 LEtr)
1 Any transfer of the centre of activity or interest in another canton involves the request for permission to change the canton.
2 Foreigners with a residence, short term or establishment authorisation do not need an authorisation to make a temporary stay of up to three months per calendar year in another canton, or to declare their arrival (art. 37, para. 4, LEtr). The rules governing weekly stay outside the home are based on art. 16.
1 If the alien stays out of the canton who has granted him the authorisation for medical treatment (for example in a hospital, care facility or sanatorium), he will not be considered to have changed the canton, irrespective of the Length of stay.
2 The same applies to foreign nationals who, pursuant to s. 36, para. 2, obtains a short-term residence permit for the probable duration of the police investigation or judicial proceedings and stays outside the canton which granted him the authorisation. 2
1 New content according to the c. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
2 Introduced by ch. 2 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6731 ).
The canton in which the seat of the responsible tutelary authority is located is responsible for regulating the law of foreigners for foreigners under guardianship.
1 If a foreigner is in preventive detention or is placed in a penal institution, or if he or she is to perform measures in a stationary or ambulatory manner within the meaning of s. 59 to 61, 63 or 64 of the Penal Code 1 Or be interned in an institution within the meaning of s. 397 A Of the Civil Code 2 , in the canton which granted him the authorisation or in another canton, the authorisation which he has held until then remains valid until his release.
2 The conditions of residence must be determined once again at the latest at the time of release, whether conditional or not, of the criminal execution, the execution of the measures or the placement. If a transfer of the person to the State of origin to serve a criminal sentence is envisaged, a decision must be taken immediately on the conditions of the person's stay.
1 Foreigners subject to authorisation shall be granted a residence permit in accordance with Art. 41, para. 1, LEtr. These residence permits attest to a short-term residence permit (L permit), a residence permit (permit B) or an establishment authorization (permit C).
2 Foreigners subject to a gainful occupation of up to four months in a period of twelve months (Art. 12, para. 1) receive an authorization to enter the territory instead of a residence permit.
3 In order to settle their stay and regardless of the length of the stay, artists and musicians with monthly commitments (art. 19, para. 4, let. (b) receive a certificate of employment and, if the duration of the undertakings exceeds three months, a residence permit. 1
1 New content according to the c. I of O du 22 oct. 2014, in force since 1 Er Jan 2016 ( RO 2014 3541 ).
1 The following persons receive a specific title relating to their special status:
2 The beneficiary of privileges, immunities and facilities shall receive a legitimising card issued by the DFAE in accordance with Art. 17, para. 1, OLEH.
1 The cantons issue a non-biometric residence permit according to the SEM directives to the following persons:
2 The legitimising card issued by the DFAE to persons benefiting from privileges, immunities and facilities pursuant to Art. 17, para. 1, OLEH 3 Is a non-biometric residence permit.
3 A non-biometric residence permit may take the form of:
1 RS 0.142.112.681
2 New content according to the c. I of the O of 13 Nov 2013, in force since 1 Er Dec. 2013 ( RO 2013 3683 ).
3 RS 192.121
In accordance with Regulation (EC) No O 1030/2002 1 , the biometric residence permit is equipped with a chip containing an image of the face, two fingerprints and the data of the holder entered in the machine-readable area.
1 R (CE) n O 1030/2002 of the Council of 13 June 2002 establishing a uniform format for residence permits for third-country nationals, OJ L 157, 15.6.2002, p. 1; last amended by R (EC) n O 380/2008, OJ L 115, 29.4.2008, p. 1.
1 Nationals of a non-EU or EFTA State shall be granted a biometric residence permit, with the exception of posted workers for a period exceeding 90 working days in a calendar year by a company established in a State Member of EFTA or in a State Party to the ALCP 2 And persons referred to in s. 71 A , para. 1.
2 Nationals of an EU Member State but not a party to the ALCP are granted a biometric residence permit with the words "EU Member State (ALCP not applicable)".
3 A national within the meaning of para. 1 who is a member of the family of a Swiss national receives a biometric residence permit bearing the words "member of the family".
4 A national within the meaning of para. 1 which is a member of the family of a national of an EU or EFTA Member State making use of his or her right to free movement shall receive a biometric residence permit bearing the words "member of the family of an EU-EFTA citizen".
5 A national within the meaning of para. 4 which obtains a right to remain under Schedule I, s. 4, ALCP or Annex K, Appendix 1, art. 4, of the Convention of 4 January 1960 establishing the European Free Trade Association (EFTA) 3 Receives a biometric residence permit with the mention "personal right to remain" in addition to the words "member of the family of an EU/EFTA citizen". In the event of the death of the national of a Member State of the EU or EFTA, he shall be granted a biometric residence permit with the sole mention of "personal right to remain".
6 Nationals according to paras. 1 and 4 which are holders of a non-biometric card established after 12 December 2008 as prescribed in Regulation (EC) No O 1030/2002 4 Another document in paper form may retain the paper until its expiry date.
1 New content according to the c. I of the O of 13 Nov 2013, in force since 1 Er Dec. 2013 ( RO 2013 3683 ).
2 RS 0.142.112.681
3 RS 0.632.31
4 R (CE) n O 1030/2002 of the Council of 13 June 2002 establishing a uniform format for residence permits for third-country nationals, in the version published in OJ L 157, 15.6.2002, p. 1.
1 Before any seizure of the photograph, fingerprints and signature, the competent authority shall carry out checks on the identity of the future holder of the residence permit.
2 The authority to establish the residence permit or the authority designated by the canton shall take a digital photograph of the applicant.
3 The Township may authorize applicants to provide a digital photograph. The establishment authority verifies that the photograph meets the required quality criteria. The SEM sets out the criteria to be met by the photograph.
4 The establishment authority takes the fingerprints of the applicant's left and right indexes flat. In case of absence of the index, of insufficient quality of the fingerprint or injury at the end of the finger, the imprint of the major is taken first, then in a subsidiary way that of the annular or the thumb. If fingerprinting of one hand is not possible, the fingerprints of two fingers of the other hand are seized.
5 Fingerprints are entered at the age of 6 years.
6 Photography is taken from birth.
7 The signature of a child may be required at the age of 7 years.
8 Persons whose fingerprints are physically impossible to take fingerprints are exempt from the obligation to give them.
1 In the first establishment of the residence permit, the applicant is required to present himself personally to the establishment authority. The cantons may provide that applications for the establishment of residence permits are filed with the municipality of residence. In this case, the applicant must present himself personally to the municipality.
2 The establishment authority may exempt the applicant who suffers from serious physical or mental infirmity to present himself personally if his or her identity can be demonstrated in some other way and if the necessary data can be Be obtained by another bias.
3 It may require the applicant to introduce himself personally upon the renewal of his residence permit.
Cantonal authorities may require adults and children to have a biometric seizure before the expiry of the 5-year period prescribed in s. 102 A , para. 2, LEtr, where significant changes in the physiognomy are found to the extent that the person can no longer be identified with the holder of the residence permit.
The cantons shall resume the residence permit and the procedure for the preparation of the conditions agreed between the Confederation and the third parties responsible for making the residence permit.
1 Any foreigner shall be required, upon request, to submit or immediately submit his or her residence permit to the authorities. If this is not possible, a reasonable period of time is set for this purpose.
2 The competent authority for aliens may withdraw a residence permit where the conditions of the stay are no longer fulfilled.
1 The Federal Department of Justice and Police designates air carriers and airport operators entitled to read the fingerprints recorded in the chip when checking passengers before boarding, on the basis of On the following criteria:
2 It determines the locations and duration of the controls.
3 SEM is authorized to communicate read rights for specially protected data on the chip (fingerprint):
1 In order to establish proof of the good reputation of the centre responsible for producing the biometric residence permit, the SEM may request, in addition to the security control of persons, that natural or legal persons or their bodies provide it, Pursuant to s. 41 B This includes the following documents:
2 Those persons who have a direct or indirect interest in excess of 10 % of the capital or voting rights shall be deemed to be economically entitled and holders of shares who may exert a decisive influence on the undertaking. Where it considers that this is necessary, the SEM may also request documents of persons whose direct or indirect participation is less than 10 % of the capital or voting rights.
3 If one of the persons mentioned in s. 1 and 2 has had its headquarters or home abroad in the last ten years, it must provide equivalent foreign documents.
4 The SEM may request that the centre responsible for producing the biometric residence permit referred to in s. 41 B LEtr independently checks the good reputation of the persons concerned on an independent basis and confirms that they have a good reputation.
1 The MS may apply to the centre referred to in s. 41 B LEtr and, if necessary, the members of the group of undertakings which they provide, in particular, to the following documents:
2 The annual accounts must be checked annually by an economically and legally independent review body within the framework of an ordinary revision. The undertakings authorised as experts within the meaning of the order of 22 August 2007 on the supervision of the review 1 May exercise the function of a review body. For companies headquartered outside Canada, equivalent foreign requirements are applicable.
3 The centre responsible for producing the biometric residence permit referred to in s. 41 B LEtr regularly provides evidence that it meets and maintains the quality management system and the security measures program.
1 RS 221.302.3
1 Applications for family reunification for spouses and children of holders of residence permits must be filed within five years. Applications for family reunion for children over twelve years of age must be filed within twelve months.
2 The time limits set out in para. 1 start to run at the time of granting the residence permit or the establishment of the family bond.
3 After this period, deferred family reunion can only be authorised for major family reasons. If necessary, children over fourteen years of age are heard. As a general rule, the hearing takes place at the premises of the Swiss representation of the place of residence.
4 The provisions set out in paras. 1 to 3 apply by analogy to partnerships registered between persons of the same sex.
(art. 85, para. 7, LEtr)
1 Applications to include members of the family in temporary admission must be filed with the competent cantonal authority in respect of aliens (art. 88, para. 1).
2 The cantonal authority shall forward the application together with its opinion to the SEM. The latter specifies whether the legal conditions for family reunion are met.
3 If the time limits for family reunion under s. 85, para. 7, LEtr, are respected, the application to include family members in the provisional admission must be filed within five years. Applications for family reunion for children over 12 years of age must be filed within twelve months. If the family link is established only after the expiry of the legal period laid down in Art. 85, para. 7, LEtr, the deadlines begin to run on that date.
4 After this period, deferred family reunion can only be authorised for major family reasons. If necessary, children over fourteen years of age are heard. As a general rule, the hearing takes place at the premises of the Swiss representation of the place of residence.
5 The special situation of refugees admitted on a provisional basis must be taken into account in the decision on the authorisation of family reunion. For members of the refugee family admitted on a provisional basis, s. 37 of Order 1 of 11 August 1999 on asylum 1 Relating to the procedure shall apply mutatis mutandis.
6 The provisions set out in paras. 1 to 5 apply by analogy to partnerships registered between persons of the same sex.
(art. 47, para. 4, LEtr)
Substantial family reasons within the meaning of s. 47, para. 4, LEtr and art. 73, para. 3 and 74, para. 4, may be invoked when the child's property can be guaranteed only by family reunification in Switzerland.
(art. 49 LEtr)
An exception to the common household requirement may be the result of major reasons, such as professional obligations or temporary separation due to significant family problems.
(art. 44 and 50, para. 1, let. A and b, LEtr)
1 The residence permit granted to the spouse and children in respect of family reunion in accordance with Art. 44 LEtr may be extended after the dissolution of the marriage or family if:
2 The major personal reasons referred to in para. 1, let. B, are given in particular where the spouse is a victim of domestic violence or where the marriage has been concluded in violation of the free will of one of the spouses or the social reintegration in the country of origin appears to be strongly Compromised. 1
3 The period for granting an establishment authorization is based on s. 34 LEtr.
4 The alien has become well integrated within the meaning of para. 1, let. A, and s. 50, para. 1, let. A, LEtr, in particular when:
5 If domestic violence within the meaning of para. 1, let. B, and s. 50, para. 2, LEtr, is invoked, the competent authorities may request evidence.
6 In particular, the following are considered signs of spousal violence:
6bis When considering the major personal reasons referred to in para. 1, let. B, and art. 50, para. 1, let. B, LEtr, the competent authorities shall take into account the indications and information provided by specialised services. 3
7 The provisions set out in paras. 1 to 6 Bis Apply by analogy to partnerships registered between persons of the same sex. 4
1 New content according to the c. I of the O of March 27, 2013, in force since 1 Er Jul. 2013 ( RO 2013 1041 ).
2 RS 210
3 Introduced by ch. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
4 New content according to the c. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
(art. 60 LEtr)
1 The purpose of the return and reintegration assistance is to encourage persons to leave Switzerland voluntarily and within the prescribed time limits to return to the State of origin, the State of origin or a third country.
2 Art. 62-78 of Order No. 2 of 11 August 1999 on Asylum in respect of financing 1 Apply by analogy.
(art. 61 (LEtr)
1 Time limits under s. 61, para. 2, LEtr, are not interrupted in the event of a temporary stay in Switzerland for purposes of visit, tourism or business.
2 The application to maintain an establishment authorization must be filed before the six-month time limit (s. 61, para. 2, LEtr).
(art. 62, let. C and 63, let. B, LEtr)
1 In particular, there is a breach of public security and order
2 Security and public order are threatened when concrete evidence indicates that the stay in Switzerland of the data subject is likely to lead to a breach of security and public order.
(art. 67 LEtr)
The cantonal authorities may file an application with the SEM to order an entry ban.
(art. 97, para. 3, LEtr)
1 The police and judicial authorities and the criminal investigation authorities communicate spontaneously to the competent cantonal authority on aliens (art. 88, para. 1) each opening or suspension of criminal instructions, arrest and release, as well as civil or criminal judgment, concerning foreigners. They also communicate all cases where an illegal stay in Switzerland has been found.
2 The civil, guardianship and judicial authorities communicate spontaneously to the cantonal authority competent in respect of aliens each marriage, refusal to celebrate marriage, declaration of invalidation, separation and divorce involving And all the tutelary measures.
3 The authorities involved indicate to the cantonal authorities competent in respect of aliens the facts relating to a communication within the meaning of para. 2 indicating that a marriage would have been improperly concluded in order to circumvent the admissions provisions referred to in s. 51 LEtr. The same applies to Swiss representations abroad.
4 The provisions set out in paras. 2 and 3 apply by analogy to partnerships registered between persons of the same sex.
5 The authorities responsible for providing social assistance benefits spontaneously communicate to the cantonal authorities competent in respect of foreigners the payment of social assistance benefits to foreigners. The communication is not necessary when the person concerned has an authorisation to establish and has been staying in Switzerland for more than fifteen years (Art. 63, para. 2, LEtr). 1
6 In order to examine the right to stay, the bodies responsible for the application of unemployment insurance shall spontaneously communicate to the cantonal authorities competent in the field of foreign affairs the names, first names, date of birth, nationality and address of the Nationals of EU or EFTA Member States:
7 L' al. 6 does not apply where the persons concerned have an establishment authorization. 3
1 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6273 ).
2 Introduced by ch. I of the O of 29 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4371 ).
3 Introduced by ch. I of the O of 29 Nov 2013, in force since 1 Er Jan 2014 ( RO 2013 4371 ).
1 Within the framework of the application of the association agreements in Dublin 2 , before transferring a foreigner to the responsible State bound by one of these agreements (Dublin State), the SEM shall transmit to that State the following data:
2 The information in para. 1, let. B, may be transmitted only between health professionals or persons subject to equivalent professional secrecy and only with the express consent of the person concerned or his representative. If the data subject is not in a position to give consent for physical or legal reasons, data concerning him may exceptionally be transmitted without his or her express consent if the protection of his or her vital interests or Those of a third party require it.
3 The procedure is governed by s. 31 and 32 of the Regulation (EU) No 604/2013 4 And art. 8, para. 3, and 15 A Regulation (EC) No 1560/2003.
1 Introduced by ch. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
2 The association agreements in Dublin are listed in Annex 4.
3 Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 laying down the criteria and mechanisms for determining the Member State responsible for examining an application Of asylum lodged in one of the Member States by a third-country national, OJ L 222, 5.9.2003, p. 3; Regulation as last amended by Regulation (EU) No 118/2014, OJ L 39, 8.2.2014, p. 1.
4 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection introduced in one of the States Members by a third-country national or stateless person (recast version), version of OJ L 180, 29.6.2013, p. 31.
(art. 40, para. 2, LEtr)
1 Before granting a first residence or short-term authorisation for the purpose of carrying on a gainful occupation, the competent cantonal authority (Art. 88, para. 1) decides whether the conditions are fulfilled:
2 It also decides whether a short-term residence permit can be extended or renewed and, for holders of short-term residence permits, asylum seekers and persons provisionally admitted, if any Change in employment may be authorized.
3 The prior decision of the labour market authorities may be accompanied by conditions, in particular concerning the type and duration of a lucrative activity of limited duration in Switzerland.
4 In agreement with the SEM, it is possible to give, in place and place of decisions, an approval in principle for certain categories of persons and applications, in concrete cases according to para. 1, let. C, and para. 2.
1 Cantonal authorities competent in the field of aliens may refer a foreigner to his or her country of origin or to the conditions laid down in Directive 2001 /40/EC 2 , when a binding order for referral by a State bound by the Schengen association agreements 3 Establishes that the alien did not meet the conditions of entry under s. 5, para. 1 of the Schengen Borders Code 4 .
2 The cantons shall verify whether the execution of the reference in the State of origin or origin is still lawful, reasonably payable and possible and render a decision.
3 The costs of carrying out the reference shall be reimbursed in accordance with Art. 7 of Directive 2001 /40/EC and by virtue of Decision 2004 /191/EC 5 The SEM is the point of contact within the meaning of this decision.
1 Introduced by ch. I 3 O du 22 oct. 2008 (Schengen and Dublin ( RO 2008 5421 ). New content according to the c. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 (RO 2015 1849).
2 Council Directive 2001 /40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals, OJ L 149, 2.6.2001, p. 34.
3 The association agreements in Schengen are listed in Annex 3.
4 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code relating to the regime for the crossing of borders by persons (Schengen Borders Code), OJ L 105, 13.4.2006, p. 1; last amended by Regulation (EU) No 1051/2013, OJ L 295, 6.11.2013, p. 1.
5 Council Decision 2004 /191/EC of 23 February 2004 laying down the criteria and practical arrangements for the compensation of financial imbalances resulting from the application of Directive 2001 /40/EC on the mutual recognition of decisions Expulsion of third-country nationals, version of OJ L 60, 27.2.2004, p. 55.
The validity of the prior decisions of labour market authorities is six months. It can be extended for major reasons.
(art. 30, para. 2, and 99 LEtr)
1 The SEM has the competence to approve the granting and renewal of authorisations of short duration and residence, the granting of the establishment and the prior decisions of the cantonal labour market authorities (Art. 83).
2 The Federal Department of Justice and Police shall determine in an order the cases in which the authorizations of short duration, residence or establishment and the prior decisions of the labour market authorities are to be submitted to The approval procedure.
3 The competent cantonal authority in the field of foreign affairs (art. 88, para. 1) may submit a decision to the SEM for approval to verify that the conditions set out in federal law are met.
1 New content according to the c. I of the O of August 12, 2015, in force since 1 Er Seven. 2015 ( RO 2015 2739 ).
1 The SEM may refuse its approval or attach conditions to it.
2 He refuses to approve
3 The SEM issues the authorization to enter (s. 5) in cases where it has approved the initial authorisation of residence or of short duration. Except for the authorizations referred to in s. 85, para. 2.
4 Approval of the EMM remains valid in the case of a change in the canton.
5 The residence permit can only be established when the SEM has given its approval. 1
1 New content according to the c. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
(art. 102, para. 2, LEtr)
1 In order to establish the identity of a foreigner and to register his data during the examination of the conditions of entry or in a procedure under the law of aliens, the competent authorities may identify the following biometric data:
1bis Fingerprints and photos referred to in para. 1, let. A and b may be taken for registration in the automated fingerprint identification system (AFIS) of the Federal Police Office to the extent that the person concerned:
1ter In order to establish the identity of the data subject and to register his data, the authorities referred to in Art. 4, para. 1, let. E, of the order of 6 December 2013 on the processing of biometric data 3 Can register the biometric data in AFIS. 4
1c The SEM may authorize an authority referred to in s. 4, para. 1, let. H, of the order of 6 December 2013 on the processing of biometric identifying data (requesting authority) to make comparisons of data in AFIS. The requesting authority shall, in advance, make a written request to the SEM in which it sets out the grounds on which it needs to make such comparisons in order to carry out its tasks. 5
1d It prepares the result of a comparison made in accordance with para. 1 Cc The service responsible for the management of AFIS and forwards it to the requesting authority. 6
1sexies The biometric identification data identified by the authorities referred to in s. 4, para. 1, let. H, of the order of 6 December 2013 on the processing of biometric identification data are not recorded in AFIS. 7
2 The transmission and registration of fingerprints, as well as the processing of the corresponding personal data, shall be carried out in accordance with the provisions of the order of 6 December 2013 on the processing of identifying data Biometric. The fingerprints of the two fingers are erased two years after the identification. 8
3 The processing, communication and registration of data, as well as data security, are governed by the corresponding provisions of the Ordinance of 12 April 2006 on the Central Migration Information System (SYMIC) 9 , including art. 2, 4, 9, 11, 16 to 19 of the SYMIC order.
4 The face image and fingerprints of two fingers referred to in s. 71 C Are used for the purpose of issuing a residence permit in accordance with Regulation (EC) No 1030/2002 10 Access to this data is governed by the SYMIC order (Annex 1). 11
1 RS 810.12
2 Introduced by ch. 1 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
3 RS 361.3
4 Introduced by ch. 1 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
5 Introduced by ch. 1 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
6 Introduced by ch. 1 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
7 Introduced by ch. 1 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
8 New content according to the c. 1 of the Annex to the O of 6 Dec. 2013 on the processing of biometric identification data, in force since 1 Er Seven. 2014 ( RO 2014 163 ).
9 RS 142.513
10 Cf. Footnote to s. 71 C .
11 Introduced by ch. I of the O of 17 Dec. 2010 ( RO 2011 99 ). New content according to the c. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 (RO 2015 1849).
(art. 111 I LEtr)
1 A fingerprint expert from the AFIS DNA Services of the Federal Police Office is responsible for carrying out a fingerprint check under Art. 102 A Ter LAsi in the case of consultation of the Eurodac database according to Art. 111 I , para. 6, LEtr.
2 The procedure is governed by s. 11 of Ordinance 3 of 11 August 1999 on asylum (OA 3) 1 The expert transmits the result of his audit to the SEM and to the services (Corps of Border Guard, cantonal and communal police) which carried out the Eurodac comparison.
The procedure relating to the exercise of the right of access and the right to rectification or erasure of Eurodac data is governed by Art. 11 A OA 3 1 .
Liability for damage arising from the operation of Eurodac is governed by the law of 14 March 1958 on liability 1 , in particular by his art. 19 A To 19 C , which apply by analogy.
1 Each canton shall designate the authorities responsible, in its area of cantonal competence, for the implementation of the LEtr and enforcement orders.
2 The EMM is responsible for all enforcement tasks and enforcement orders that have not been assigned to either a cantonal authority or any other federal authority.
(art. 64, para. 4 and 5, and 64 A , para. 3 Bis , LEtr)
1 In the course of the referral procedure, it is open to the authorities to determine, by means of scientific methods, whether the age indicated by the data subject corresponds well to his actual age.
2 Where it is not possible to immediately institute a guardianship or guardianship in favour of an unaccompanied minor, the competent cantonal authority shall appoint, without delay, a person of trust within the meaning of the art. 64, para. 4, or 64 A , para. 3 Bis , LEtr, for the duration of the removal procedure, the term of office of that person shall, however, terminate the appointment of a trustee or guardian or the majority of the person concerned.
3 The person of trust must have knowledge of the law of aliens and the law relating to the Dublin procedure. It guides and supports the unaccompanied minor throughout the referral procedure, including in the procedures relating to the adoption of the coercive measures referred to in Art. 73-81 LEtr.
4 In particular, it performs the following tasks:
5 The competent cantonal authority shall, without delay, inform the other cantonal and federal authorities involved in the proceedings and the minor if a person of confidence is designated or if there are tutelary measures ordered.
6 Persons responsible for hearing a minor take into account the particular aspects of the minority.
1 Introduced by ch. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 20 July. 2015 ( RO 2015 1849 ).
The SEM shall issue the directives necessary for the execution of this order.
There is adequate protection of the person concerned within the meaning of s. 111 D LEtr where sufficient guarantees resulting in particular from contractual clauses and relating to the data transmitted and their processing are provided on the following points:
1 Introduced by ch. I 3 O du 22 oct. 2008 (Schengen and Dublin), in force since 12 Dec. 2008 ( RO 2008 5421 ).
When calculating the time limits for the declaration of arrival, the day of arrival in Switzerland is counted.
(art. 120, para. 2, LEtr)
A fine of up to 1000 francs shall be imposed on any person who contravens, intentionally or negligently, the obligation referred to in s. 63 or 72, to submit or submit the residence permit. 1
1 New content according to the c. I of the O of 23 Nov 2011, in force since 1 Er Jan 2012 ( RO 2011 5855 ).
Are repealed:
1 [RO 1949 232, 1980 1730 art. 16, 1983 534, 1986 1791 art. 57 al. 2, 1987 1669 art. 13 hp. 2, 1989 2234 art. 57 al. 2, 1996 2243 ch. I 31, 2006 965 Annex, c. 2,4705 Ch. II 2]
2 [RO 1983 535, 1986 1482, 1996 2243 ch. I 32, 1998 846, 2002 1769 hp. III 2, 2006 1945 Annex 3 c. 1]
3 [RO 1971 69, 1996 2243 ch. I 33]
4 [RO 1965 62, 1996 2243 ch. I 34, 2002 1741 art. 35 hp. 1]
5 [RO 1986 1791, 1987 1334, 1989 2234, 1990 1720, 1991 2236, 1992 2040, 1993 1460 2944, 1994 2310, 1995 4869 5243, 1997 2410, 1998 860 2726, 2002 1769 1778 3571 4167 hp. II, 2004 4389 5397, 2005 4841, 2006 1945 Annex 3 c. 12 4705 ch.II 87 4739 ch. I 4 4869 ch.I 6, 2007 4967]
1 Until the entry into force of the Protocol on the extension of the Agreement on the free movement of persons to Croatia, additional annual quotas are reserved for the Confederation for the purpose of granting authorisations for residence. Short term within the meaning of s. 19 and residence permits within the meaning of Art. 20 to nationals of Croatia.
2 For nationals referred to in para. 1, the Confederation has pro rata temporis of the following maximum annual numbers:
1 Introduced by ch. I of the O of 18 June 2008 ( RO 2008 2737 ). New content according to the c. I of the O of 29 Nov 2013, in force since 1 Er Jul. 2014 (RO 2013 4371, 2014 997).
This order shall enter into force on 1 Er January 2008.
(art. 19 and 19 A )
1. The maximum number of short-term residence permits issued to persons subject to Art. 19 is set at 4000 in total:
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2. These maximums are valid from 1 Er January to 31 December 2016.
3. If the maximum number of authorisations set by the amendment of 28 November 2014 2 Of this order shall not be reached, the remaining authorisations may be granted at a later date. They are then charged to the maximum number of authorizations reserved for the Confederation (c. 1, let. (b).
4. The maximum number of short-term residence permits issued to persons subject to Art. 19 A Is set at 2000 in total:
| 1 Er January-31 March |
1 Er April -30 June |
1 Er July -30 September |
1 Er October-31 December |
| 500 |
500 |
500 |
500 |
5. These maximums are valid from 1 Er January to December 31, 2016; authorities are granted quarterly.
6. If the maximum number of authorisations set by the amendment of 28 November 2014 of this order is not reached, the remaining authorisations may be granted at a later date. They are carried forward to the first quarter of the following year.
1 New content according to the c. I of the O of 11 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4737 ).
2 RO 2014 4441
(art. 20 and 20 A )
1. The maximum number of residence permits issued to persons subject to Art. 20 is fixed at 2500 in total:
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2. These maximums are valid from 1 Er January to 31 December 2016.
3. If the maximum number of authorisations set by the amendment of 28 November 2014 2 Of this order shall not be reached, the remaining authorisations may be granted at a later date. They are then charged to the maximum number of authorizations reserved for the Confederation (c. 1, let. (b).
4. The maximum number of residence permits issued to persons subject to Art. 20 A Is set at a total of 250:
| 1 Er January-31 March |
1 Er April -30 June |
1 Er July -30 September |
1 Er October-31 December |
| 62 |
62 |
63 |
63 |
5. These maximums are valid from 1 Er January to December 31, 2016; authorities are granted quarterly.
6. If the maximum number of authorisations set by the amendment of 28 November 2014 of this order is not reached, the remaining authorisations may be granted at a later date. They are carried forward to the first quarter of the following year.
1 New content according to the c. I of the O of 11 Nov 2015, in force since 1 Er Jan 2016 ( RO 2015 4737 ).
2 RO 2014 4441
(art. 1, para. 2)
The association agreements with Schengen include the following agreements:
1 Introduced by c. I 3 O du 22 oct. 2008 (Schengen and Dublin) ( RO 2008 5421 ). New content according to the c. I of the O of Sept. 18. 2015, in force since October 15. 2015 (RO 2015 3721).
2 RS 0.362.31
3 RS 0.362.1
4 RS 0.362.11
5 RS 0.362.32
6 RS 0.362.33
7 RS 0.362.311
(art. 1, para. 3)
The association agreements in Dublin include the following agreements:
1 Introduced by c. I 1 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
2 RS 0.142.392.68
3 RS 0.362.32
4 RS 0.142.393.141
5 RS 0.142.395.141
