Rs 142.201 Order Of 24 October 2007 On The Admission, Stay And The Exercise Of A Gainful Activity (Oasa)

Original Language Title: RS 142.201 Ordonnance du 24 octobre 2007 relative à l’admission, au séjour et à l’exercice d’une activité lucrative (OASA)

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142.201 Ordinance for the admission, stay and the exercise of a gainful activity (OASA) of October 24, 2007 (Status January 1, 2016) the Swiss federal Council, given the Federal law of December 16, 2005, on the foreign nationals, view of art. 119 of the law on asylum (LAsi) of 26 June 1998, stop: Chapter 1 scope and definitions art. Application 1Champ this order shall apply insofar as the association to Schengen and Dublin agreements have not otherwise.
The association to Schengen agreements are mentioned in annex 3.
The Dublin association agreements referred to in annex 4.

New content according to no I 3 of the October 22 O. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).
New content according to no I 1 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
Introduced by no I 1 of the O on June 12, 2015, adjusting of acts because of new features in relation to the Dublin/Eurodac acquis, in force - then July 1. 2015 (2015 1849 RO).

Art. employee 1aactivite (art. 11, para. 2, Aug) is considered to be any salaried activity for an employer whose headquarters is in Switzerland or abroad, regardless that the salary is paid in Switzerland or abroad and that the activity is exercised by the hour, day or temporary.
Is also regarded as employment any activity as an apprentice, intern, volunteer, sports, social worker, missionary, of person engaged in activities of religious guidance, artist or employee au.

Introduced by no I 3 of the Oct. 22 O. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).
New content according to section I of the Dec. 12 O. 2008, in force since Jan. 1. 2009 (RO 2008 6273, 2009 349).

Art. 2 independent gainful activity is considered lucrative independent any activity carried out by someone within his own organization, freely chosen, for profit, subject to its own hardware instructions and at its own risk. This freely chosen organization can be managed for example in the form of a trade, a factory, a provider of service, an industry or another case.
Is also considered independent gainful activity the exercise of a liberal profession such as doctor, lawyer and trustee.

Art. 3 provision of cross-border service is considered provision of cross-border service provision of limited duration provided in Switzerland under a contract by a person or company whose residence or seat is located abroad.

Art. 4 decision relating to the exercise of a gainful activity the service responsible, under cantonal law, to grant of work permits decides if the activity of an alien is considered a lucrative activity within the meaning of art. 11, al. 2, Aug.
When in doubt, he submits the case, for decision, to the Secretariat of State for Migration (SEM).

The name of the administrative unit has been adapted to 1 Jan. 2015 in application of art. 16, 1 l. 3, o Nov. 17. 2014 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Chapter 2 Procedure declaration and authorisation Section 1 provisions general art. 5Autorisation of entry into Switzerland if a request for authorization of stay or short term with gainful activity is accepted and if the person concerned is still abroad, the competent authority allows the Swiss representative to issue a visa. If the visa is not required, the authorization insurance is established on request by the competent authority.

New content according to no I 3 of the October 22 O. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).

Art. 6 authorisation procedure admission requirements referred to in art. 17, al. 2, nationals are clearly met especially when the documents provided demonstrate a statutory right or a right stemming from international law to the granting of a permit of stay or short stay, when no reason of revocation within the meaning of art. 62 Aug doesn't exist and that the person concerned agrees to work within the meaning of art. 90 Aug.
Steps such as the commitment of marriage or family proceedings, the schooling of children, buying a property, renting an apartment, the conclusion of a contract of employment, the creation or participation in a business do give, alone, no right during the authorisation procedure.

Art. 7 authorization to practice a profession the permissions of the police trade and the animal health, as well as other permissions of the same kind enabling foreigners to exercise a profession, not replace not permission under the immigration law granted to exercise a lucrative activity. If overseas does not yet have this last authorization, a reserve will be mentioned in the authorization for the exercise of a profession.

Art. 8 foreign identity documents (art. 13, para. 1, Aug) are recognized valid for the declaration of arrival: a. the identity documents issued by a State recognized by Switzerland, which establish the identity of the holder, its belonging to the State which issued it and ensure that it can go back at any time; b. other parts ensure that the holder is allowed to enter at all times in the State who has established or the territory indicated on the room; c. other parts guaranteeing that the holder can get a legitimation at all times allowing it to enter the State which established it or the territory indicated on the room.

The declaration of arrival can be performed without valid when foreign legitimation piece: it is demonstrated that its acquisition turns out to be impossible; b. one cannot require the person concerned requested the establishment or extension of a piece of legitimation to the competent authorities of his State of origin or provenance (art. 89 and 90, let. c, LEtr); c. abroad has a passport established by SEM in accordance with art. 4, al. 1 and 2, order of 14 November 2012 on the establishment of travel documents for foreigners (OTS); d. abroad does not have valid foreign legitimation piece and he got the SEM one title travel to refugee in accordance with art. 3 OTS.

Under the authorization and declaration of arrival procedure, the competent authorities may require the presentation of the original identity documents and make copies. They can order the filing of legitimacy when there are concrete indications that they might be destroyed or rendered unusable.
Foreigners are required to show their piece of legitimation to the authorities responsible for the control of persons on request, or present them within a reasonable time.

New content according to section 1 of annex 4 to the O from 14 nov. 2012 on the establishment of travel documents for foreigners, in effect since Dec. 1. 2012 (2012 6049 RO).
RS 143.5 Section 2 Procedures for authorisation and declaration of arrival in case of stay without gainful activity art. 9 stay without declaration of arrival (art. 10 Aug) foreigners without gainful activity in Switzerland should not be with an authorization or declare their arrival if their stay does not exceed three months over a period of six months from their entry into Switzerland (stay not subject to authorization). The person concerned must provide, if necessary, of relevant documents to attest the entry date.
The conditions of entry referred to in art. 5 Aug must be met for the duration of the stay not subject to authorization.

Art. 10 stay with declaration of arrival foreigners entering Switzerland for a stay of more than three months without gainful activity and who have an entry permit (art. 5) must report their arrival within fourteen days of their entry into Switzerland with the service designated by the canton to make their stay standing.
Foreigners must register no later than 14 days before the expiry of the period of their stay not subject to authorization (art. 9) when they want to change the purpose of their stay after their arrival in Switzerland.

Art. 11 the visa extension foreigners having a visa for a stay of more than three months must apply for an extension of their visa 14 days before it expires with the competent cantonal authority for foreigners (art. 88, al. 1), when they cannot leave the Switzerland within the timeframe set by visa or when the purpose of their visit has changed.

Section 3 authorization and Procedures of declaration of arrival in case of stay with lucrative art. 12 lucrative short term (art. 12, para. 3, and art. 14 AUG) foreigners who have entry (art. 5) permission to exercise a gainful activity or provision of cross-border services in Switzerland four months in total over a period of twelve months (art. 19, al. 4, letter a, and 19A, para. 2) are not required to declare their arrival.

People who have entry (art. 5) permission to exercise a lucrative activity for more than four months in total over a period of twelve months in Switzerland may exercise their activity as soon as they said their arrival, if no contrary decision is taken.
Artists (art. 19, para. 4, let. b) must report their arrival in Switzerland regardless of the duration of their stay.

New content according to section I of the October 22 O. in force since Jan. 1, 2014. 2016 (2014 3541 RO).
New content according to section I of the October 22 O. in force since Jan. 1, 2014. 2016 (2014 3541 RO).

Art. 13 time limit of declaration of arrival for private staff foreigners working as private staff and accompanying their employer, who does not carry on gainful employment, as part of a stay not subject to authorization, are subject to the reporting and authorization provisions provided for in art. 9 art. 14 cross-border gainful activity not exceeding eight days foreigners who provide a cross-border provision (art. 3) or who exercise a gainful activity in Switzerland on behalf of a foreign employer, must be with an authorization when they operate more than eight days per calendar year.
If the activity lasts longer than expected, a statement must be made before the expiry of the period of eight days. Once a report is made, the lucrative activity can be continued until the grant of the authorisation, provided that the competent authority does not take another decision.
Foreigners must have an authorization regardless of the duration of their stay when they exercise a lucrative cross-border in one of the following areas: a. construction, civil engineering and finishing work; (b) hotels, restaurants, and industrial or domestic cleaning; c. surveillance and security; d. itinerant trade within the meaning of art. 2, al. 1, let. a and b, of the Federal law of 23 March 2001 on itinerant trade; e. the sex industry; f. planning or maintenance landscaping.

RS 943.1 introduced by section II of the O on Sept. 19. in force since nov 1, 2014. 2014 (2014 3175 RO).

Section 4 General provisions on arrival and departure Art. statements 15 statements arrival and departure after a change of the place of residence (art. 12, para. 3, and 15 Aug) in case of change of municipality or canton, foreigners must report their arrival within 14 days from the service of the new place of residence (art. 17) and declare their departure at the same time with the competent service of their former place of residence.
Foreigners who move their place of residence abroad must declare their departure with the competent service of their former place of residence at least fourteen days before leaving the Switzerland.

Art. 16 statements of arrival and departure for weekly stays away from home who, during the week, exercise a gainful activity or training in another place without to transfer the center of their interests must report their situation to the authorities of the place of weekly stay within 14 days if the weekly stay lasts more than three months per calendar year.
If the situation of weekly stay ends, they must declare their departure to the competent service according to art. 17 within fourteen days.

Art. 17 competent services for the declarations of arrival and departure the cantons designate enforcement to receive statements of departure and arrival.

Art. 18 statement by the landlord (art. 16 Aug) which houses a foreigner against remuneration is required to fill out a ballot of arrival according to the indications contained in the foreign identity documents and to sign him. The housed person is required to submit its identity to the landlord documents to that effect. The bulletin of arrival must be transmitted to the competent cantonal authority.
For groups, the arrival is declared using a list signed by a person in charge of the trip.

Chapter 3 Admission Section 1 Admission to the exercise of a gainful activity art. 18aAutorisations short stay and residence permits authorisation of short stay within the meaning of Schedule 1 may be issued for a stay limited to the exercise of a gainful activity of one year at most.
A residence permit within the meaning of Schedule 2 may be issued for a stay for the exercise of a gainful activity lasting more than a year.

Introduced by the I of O ch. 3 Dec. 2010, in force since Jan. 1. 2011 (2010 5959 RO).

Art. 19Nombres maximum permissions for short stays for nationals of States not members of the European Union (EU) or the European Free Trade Association (EFTA) the cantons can issue to nationals of States which are not members of the EU or EFTA authorities for short stay within the limits of the maximum numbers set in annex 1, point 1 Let's. a. the maximum number of authorizations available to the Confederation provided in Appendix 1, no. 1, let. b. He is used to the rebalancing of the needs of the economy and the work force of the cantons.
The SEM can, upon request, distribute the maximum number of authorizations available to the Confederation between the cantons. It takes into account for that the needs of the cantons and of general economic interest for the quota period set out in Schedule 1.
Are not counted in the maximum numbers of permissions referred to in paras. 1 and 2 foreigners: a. operating in Switzerland for a total of four months up over a period of 12 months, provided: 1. the duration and the purpose of their stay are fixed in advance, et2. the number of foreigners occupied during these short periods than one quarter of the total number of personnel of the company and in duly motivated exceptional cases;

b. residing in Switzerland for a total of eight months up over a period of twelve months and who exercise an activity in quality of artists in the fields of music, of literature, of the show, fine arts, circus or variety.

New content according to section I of the Dec. 3 O. 2010, in force since Jan. 1. 2011 (2010 5959 RO).

Art. maximum 19aNombres of residence permits of short duration for nationals of Member States of the EU or EFTA (service providers) the cantons may grant to the nationals of Member States of the EU or EFTA as well as to the persons referred to in art. 2, al. 3, of the order of 22 May 2002 on the introduction of the free movement of persons of authorities of short stay within the limits of the maximum numbers set out in Appendix 1, points 4 and 5, if: a. these people provide cross-border services; and Frenchie. the stay exceeds 90 days or 120 days if the conditions laid down in para. 2 are met.

Are not counted in the maximum numbers of permissions referred to in para. 1 foreigners operating in Switzerland for a total of four months up over a period of 12 months, provided: a. that the duration and the purpose of their stay should be fixed in advance; ETB. the number of foreigners occupied during these short periods than one quarter of the total number of personnel of the company and in duly motivated exceptional cases.

Introduced by the I of O ch. 3 Dec. 2010, in force since Jan. 1. 2011 (2010 5959 RO).
RS 142.203 new content according to section I of the Nov. 23 O. 2011, in force since Jan. 1. 2012 (2011 5855 RO).

Art. Maximum 20number of residence permits for nationals of States not members of the EU or EFTA the cantons can issue to people from States that are not members of the EU or EFTA of the residence permits within the limits of the maximum numbers set out in Appendix 2, no. 1, let's. a. the maximum number of authorizations available to the Confederation is in Appendix 2, no. 1, let. b. He is used to the rebalancing of the needs of the economy and the work force of the cantons.
The SEM can, upon request, distribute the maximum number of authorizations available to the Confederation between the cantons. It takes into account for that the needs of the cantons and of general economic interest for the quota period set out in Schedule 2.

New content according to section I of the Dec. 3 O. 2010, in force since Jan. 1. 2011 (2010 5959 RO).

Art. maximum 20aNombres of residence permits for nationals of Member States of the EU or EFTA (service providers) the cantons may grant to the nationals of Member States of the EU or EFTA as well as to the persons referred to in art. 2, al. 3, of the order of 22 May 2002 on the introduction of the free movement of persons of the residence permits within the limits of the maximum numbers fixed in annex 2, points 4 and 5, if: a. these people provide cross-border services; and Frenchie. the stay exceeds 90 days or 120 days if the conditions provided for in art. 19, art. 2, are met.

Introduced by the I of O ch. 3 Dec. 2010, in force since Jan. 1. 2011 (2010 5959 RO).
RS 142.203 new content according to section I of the Nov. 23 O. 2011, in force since Jan. 1. 2012 (2011 5855 RO).

Art. 21. no imputation on the maximum numbers (art. 20 Aug) there is no imputation on the maximum number of authorizations (art. 19 to 20a) when abroad:

a. gave to exercise the permitted gainful activity in Switzerland; b. left the Switzerland within 90 days following the start of the lucrative activity.

New content according to section I of the Dec. 3 O. 2010, in force since Jan. 1. 2011 (2010 5959 RO).

Art. 22 pay and conditions of work (art. 22 Aug) to determine the wages and conditions of work in use in the locality and profession, there are taken into account of legal requirements, collective agreements and contracts as well as salaries and work conditions granted for similar work in the same company and the same branch. It is also important to take into account the results of statistical surveys on wages.
The employer is required to submit a work contract or a confirmation of the mandate to the competent cantonal law on access to the labour market. For cross-border service delivery, it must present the certificate of the detachment as well as the services contract. These documents must show the duration of employment, the terms of appointment and salary.

Section 2-training and development art. 23 requirements to follow training or development (art. 27 Aug) abroad can prove that he has the financial means to a training or development including: a. a statement of commitment as well as proof of income or assets of a solvent person domiciled in Switzerland; foreigners must hold a residence or establishment permit; b. confirmation of a bank in Switzerland to attest the existence of assets sufficient; c. a guarantee firm for granting scholarships or sufficient training loans.

Personal skills (art. 27, al. 1, let. d, Aug) are sufficient especially when no previous stay, no application procedure or no other evidence that the training or development invoked is only intended to evade the General requirements on the entry and stay of foreigners.
Training or further training is in principle allowed for a maximum period of eight years. Derogations may be granted for training or further training for a specific purpose.
The exercise of a gainful activity is based on the art. 38 to 40.

New content according to section I of the Dec. 3 O. 2010, in force since Jan. 1. 2011 (2010 5959 RO).
New content according to section I of the Dec. 3 O. 2010, in force since Jan. 1. 2011 (2010 5959 RO).
New content according to section I of the Dec. 4 O. 2009, in force since Jan. 1. 2010 (2009 6413 RO).

Art. 24 demands on schools (art. 27 Aug) schools that offer training or development courses to foreigners must ensure appropriate course offerings and curriculum. The competent authorities may limit the only recognized schools admission to training or development courses.
The curriculum and the duration of training or refresher courses must be fixed.
The school management should confirm that the candidate has the level of training and language skills required for the proposed training.
In duly motivated cases, the competent authorities may also request that a language test is carried out.

Section 3 annuitants (art. 28 Aug) art. 25. the minimum age for the admission of the annuitants is 55.
Pensioners have special personal ties with the Switzerland including: a. when they can prove that they have made in the past of long enough stay in Switzerland, notably in holiday, training or a lucrative activity; b. when they have close relationships with relatives in Switzerland (parents, children, grandchildren or siblings).

They are not allowed to engage in a gainful activity in Switzerland or abroad, with the exception of the management of their own fortunes.
The financial means are sufficient when they exceed the amount that allows a Swiss citizen and possibly members of his family to receive additional benefits in accordance with the law of 6 October 2006 on supplementary benefits.

RS 831.30 introduced by section I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4371 RO).

Section 4 exceptions to eligibility art. 26 lucrative activity of the members of the family of the holders of a short-term residence permit (art. 30, al. 1 let. a and 45 Aug) spouse and foreign children of the holder of an authorization for short stay can be allowed to exercise a salaried if: a. the request comes from an employer (art. 18, let. b). (, LEtr); (b) the remuneration and working conditions are met (art. 22 Aug); c. the personal qualifications are taken into account (art. 23 Aug).

Authorization to exercise a lucrative activity granted to the spouse and foreign children of the holder within the meaning of para. 1 is limited to the duration of validity of the authorization of short stay of the person who benefited from family reunification.

Art. 27 family members entitled to exercise a gainful activity (art. 46 Aug) the spouse and children who have the right to exercise a lucrative activity can start working without submitting to an additional authorisation procedure.

Art. 28 repealed by no I of O Dec. 4. 2009, with effect from Jan 1. 2010 (2009 6413 RO).

Art. 29 foreign children of Swiss nationals (art. 30, para. 1, let. b, nationals) foreign children of Swiss nationals for whom family reunification provisions provided for in art. 42 nationals do not apply can obtain a permit if the reinstatement or naturalisation facilitated to the senses of the art. 21, al. 2, 31b, al. 1, 58A, al. 1 and 3, and 58, al. 2, of the Federal Act of 29 September 1952 on nationality (LN) is possible.
The exercise of a gainful activity may be permitted if the conditions provided for in art. 31, al. 3 or 4, are met.

RS 141.0 art. 30 former Swiss nationals (art. 30, para. 1, let. b, Aug) people who have been released from Swiss nationality (art. 23 LN) can obtain a residence permit if they have close links with the Switzerland.
The exercise of a gainful activity may be permitted if the conditions provided for in art. 31, al. 3 or 4, are met.
The terms of admission of the LEtr apply to people whose citizenship was cancelled pursuant to art. 41 LN or has been withdrawn pursuant to art. 48 of the Act.

RS 141.0 art. initial professional 30aFormation (art. 30, al. 1, let. b, Aug; art. 14 LAsi) to allow a foreigner illegally staying in initial vocational training, a residence permit can be granted him for the duration of the training under the following conditions: a. the applicant attended the elementary school of uninterrupted for five years at least in Switzerland and filed an application in the following 12 months; participation in transitional training without lucrative offers is counted as time of compulsory schooling; (b) the employer of the applicant filed an application under art. 18, let. b, Aug; c. the remuneration and working conditions referred to in art. 22 Aug are met; (d) the applicant is well integrated; e. he respects the legal order f. He justifies his identity.

The authorization may be extended at the end of the initial training if the conditions referred to in art. 31 are met.
A residence permit may be granted to the parents and siblings of the person concerned if they meet the conditions referred to in art. 31. introduced by section I of O Dec. 7. 2012, in effect since Feb. 1. 2013 (2012 7267 RO).

Art. 31 individual cases of extreme gravity (art. 30, al. 1, let. b, 50, al. 1 let. b and 84, al. 5, Aug; art. 14 LAsi) a residence permit can be granted in individual cases of extreme gravity. During the assessment, it should consider including: a. the integration of the applicant; b. respect for the Swiss by the applicant legal system c. of family status, particularly of the period of schooling and the duration of schooling for the children; d. financial situation as well as the willingness to participate in economic life and to acquire training; (e) the duration of the presence in Switzerland; (f) the State of health; g. opportunities for reintegration in the State of origin.

The applicant must provide evidence of his identity.
Exercising a salaried activity may be authorized if: a. the request comes from an employer (art. 18, let. b, Aug); (b) the remuneration and working conditions are met (art. 22 Aug); c. the accommodation of the applicant is appropriate (art. 24 Aug).

Exercise of a self-employed gainful activity can be authorized if: a. financial conditions and requirements for the operation of the business are met (art. 19, let. b, Aug); (b) the accommodation of the applicant is appropriate (art. 24 Aug).


If the applicant has not been, so far, to exercise a lucrative activity due to his age, State of health or a prohibition of work under art. 43 LAsi, should be taken into account in the review of its financial situation and willingness to participate in economic life (para. 1, let. d).

Art. 32 major public interests (art. 30, para. 1, let. b, Aug) a short stay permit or a residence permit may be granted to preserve the major public interests. When assessing, include take into account: a. important cultural interests; b. political grounds; c. the major interests of cantonal taxation, etd. the need for the presence of a stranger in a criminal procedure.

The exercise of a gainful activity may be authorized upon admission according to para. 1, let. a and b, if the conditions provided for in art. 31, al. 3 or 4, are met.

Art. 33 children (art. 30, para. 1, let. c, Aug) of residence permits may be granted to children if the conditions to which the civil code subjects these children are met.

SR 210 art. 34 repealed by no I of O from 22 oct. with effect from Jan. 1, 2014. 2016 (2014 3541 RO).

Art. 35 recovery and reflection period for victims and witnesses of trafficking humans (art. 30, para. 1, let e, Aug) if there is reason to believe that a foreigner whose stay in our country is not regular is a victim or a witness of the trafficking humans, the competent cantonal authority for foreigners (art. 88 al. (1) gives a period of recovery and reflection, during which the person concerned can rest and must decide if it is willing to continue its collaboration with the authorities. During this time, no enforcement of foreign law is applied. The duration of the period of recovery and reflection by the cantonal authority depends on the particular case, but includes at least 30 days.
The recovery and reflection period ends before the deadline if the person concerned says that it is ready to cooperate with the competent authorities and if it confirms that she has cut all links with the alleged perpetrators.
The recovery and reflection period also comes when the person concerned: a. declares that she is not ready to cooperate with the authorities; b. has deliberately renewed contact with the perpetrators of the crime; c. is not, in the light of new evidence, a victim or a witness of the trafficking; Oud. serious threat to public security and order.

New content according to point 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).
New content according to point 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).
New content according to point 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).
New content according to point 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).

Art. 36 stay of victims and witnesses of trafficking humans (art. 30, al. 1, let e, Aug) when the presence of the victim or witness is still required, the competent authorities for police investigations or court proceedings shall inform the competent cantonal authority for foreigners (art. 88, al. 1), in specifying the duration, before the end of the reflection period (art. 35).
The competent authority for foreigners of the canton in which the offence was committed issues an authorization of short stay for the likely duration of the police investigation or the court proceedings. If police investigations are conducted in several cantons, it is the last canton the person has stayed in that issues the authorization of short stay.
Under the grounds referred to in art. 35, al. 3, the authorization may be revoked or not be extended.
The exercise of a gainful activity can be authorized if: a. There is a demand from an employer (art. 18, let. b, Aug); (b) the remuneration and working conditions are met (art. 22 Aug); c. the accommodation of the applicant is appropriate (art. 24 Aug).

The person concerned must leave the Switzerland when the reflection period granted has expired or when his stay is no longer required for the purposes of the investigation and court proceedings.
An extension of the stay may be permitted in the presence of an individual case of extreme gravity (art. 31). It is necessary to take account of the special situation of the victims or witnesses of trafficking humans. The granting of a temporary admission (art. 83 LEtr) is booked.

New content according to point 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).

Art. 36asejour of foreigners as part of the extraprocedurale protection of witnesses (art. 30, para. 1, let e, Aug) foreigners get a residence permit under the extraprocedurale witness protection: a. in the case of binding decision of setting up a programme of protection of witnesses according to art. 8 of the Act of December 23, 2011 on extraprocedurale protection of witnesses (Ltem); forgotten the source. in case agreement making in charge of a stranger to protect in accordance with art. 28 extra-procedural.

The competent authority for foreigners of the canton in which the person to be protected is placed is responsible for the granting of residence permits to foreigners as part of the extraprocedurale protection of witnesses. The grant is in accordance with the Service of witness protection.
The exercise of a gainful activity may be permitted if the conditions under art. 31, al. 3 or 4, are met.

Introduced by section 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).
RS 312.2 art. 37 aid and development projects (art. 30, para. 1, let. f, Aug) stay or short term authorizations may be granted projects of economic and technical cooperation assistance and development if: a. There is a demand for an employer (art. 18, let. b, Aug); b. the maximum numbers are respected (art. 20 Aug); c. the remuneration and working conditions are met (art. 22 Aug); d. housing the applicant is appropriate (art. 24 Aug).

Art. 38 training and development with ancillary activity (art. 30, para. 1, let. g, Aug) foreigners in Switzerland following a training or development in a high school or a University of applied sciences can be allowed to exercise an ancillary activity at the earliest six months after the beginning of the training so: a. school management certifies that this activity is compatible with the training and delays not the end; b. work no longer than not 15 hours per week outside of holiday; c. There is a demand from an employer (art. 18, let. b, LEtr); d. of remuneration and working conditions are met (art. 22 Aug).

Art. 39 training with compulsory training (art. 30, al. 1, let. g, Aug) foreigners involved in full-time training in Switzerland may be allowed to exercise a lucrative activity during the mandatory internship if: a. activity is no more than half of the total duration of training; (b) there is a demand from an employer (art. 18 Let's. b, LEtr); c. the remuneration and working conditions are met (art. 22 Aug); d. housing the applicant is appropriate (art. 24 Aug).

Art. 40 gainful activity during a postgraduate in a university or a University of applied sciences (art. 30, para. 1, let. g, Aug) foreigners undergoing postgraduate training in high school or a high school specializing in Switzerland may be allowed to exercise a lucrative activity in their area of specialization scientific if: a. There is a demand from an employer (art. 18 Let's. b, LEtr); (b) the remuneration and working conditions are met (art. 22 Aug).

The gainful activity must not hinder the postgraduate.

Art. 41 international trade (art. 30, al. 1, let. g, Aug) stay or short term permissions can be granted to facilitate international trade in economic, scientific and cultural nature if: a. Exchange serves the economic interests of the country (art. 18, let a., Aug); b. There is a demand from an employer (art. 18, let. b, Aug); c. the maximum numbers are respected (art. 20 Aug); d. of remuneration and working conditions are met (art. 22 Aug); e. personal qualifications are taken into account (art. 23 Aug); f. housing is appropriate (art. 24 Aug).

Art. 42 trainees (art. 30, para. 1, let g, and 100, al. 2, let. e, Aug) procedure and licensing are set out in agreements relating to trainees and the bilateral arrangements between Governments.
The SEM can grant permissions to stay for 18 months up by blaming these permissions on the maximum numbers set out in the agreements concerning students.

Permissions of trainees can be extended by decision of the SEM, within the limits of the maximum duration of stay of 18 months.

Art. 43 admission of people with specific international functions (art. 30, al. 1, let g and 98, al. 2, Aug) admission requirements set by the nationals are not applicable to following strangers, as long as they perform their function: a. members of missions, diplomatic and permanent as well as consular posts, card holders of legitimation of the federal Department of Foreign Affairs (FDFA); b. the officials of international organizations having their headquarters in Switzerland the DFA legitimation card holders; c. the personnel working for these organizations, the DFA legitimation card holder; d. staff private service of appointees to the let. a to c, holder of a legitimation card of the FDFA; e. officials of administrations foreign or the employees of companies who, in the framework of the exercise of a public mandate, have their place of work or service in Switzerland; f. correspondents who work exclusively for newspapers, magazines, agencies, press and information, radio stations and TV channels , that the seat is abroad, if they are accredited with the DFA or the United Nations Office at Geneva; g. qualified people employed with official foreign services, which perform, on behalf of foreign employees, tasks set out in bilateral agreements; h. employees of organizations having their headquarters in Switzerland which the federal Council granted facilitation in this direction.

The spouse, partner and children less than 25 years of appointees to the al. 1, let. a and b, are allowed during the term of office of these people in respect of family reunification, if they are living together with them. They receive the DFA legitimation card.
The spouse, partner and children under 21 years of appointees to the al. 1, let. c, are allowed during the term of office of these people in respect of family reunification, if they are living together with them. They receive the DFA legitimation card.

Art. 44 ancillary gainful activity of people with specific international functions (art. 30, para. 1, let g and 98, al. 2, Aug) if the following people present a work contract or a formal job offer, authorization to exercise a lucrative activity accessory may be granted as long as they perform their function: a. members of diplomatic and permanent missions as well as consular posts the DFA legitimation card holders; b. the officials of international organizations with headquarters in Switzerland, the DFA legitimation card holders; c. the staff working for these organizations, the DFA legitimation card holder.

Art. 45 lucrative activity of the members of the family of persons with specific international functions (art. 30, al. 1, let g and 98, al. 2, Aug) the spouse or partner (art. 43, al. 2) and children of the persons referred to in art. 43, al. 1, let. a and b, admitted before the age of 21 years are allowed to exercise a lucrative activity if they have a work contract or a formal job offer. They receive a special residence permit.
The spouse or partner (art. 43, para. 3) and children of the persons referred to in art. 43, al. 1, let. c, admitted to the title of family reunification before the age of 21 years may be authorized to engage in a gainful activity if they have a work contract or a formal job offer and if wages and working conditions provided for in art. 22 Aug are met.

New content according to section I of the Nov. 23 O. 2011, in force since Jan. 1. 2012 (2011 5855 RO).

Art. 46 exchange of personnel within international companies (art. 30, para. 1, let. h, Aug) stay or short term authorizations may be granted to facilitate the exchange of executives and essential specialists within a company deploying international activities if: a. Exchange serves the economic interests of the country (art. 18, let a., Aug); b. There is a demand from an employer (art. 18 Let's. b, LEtr); c. the maximum numbers are respected (art. 20 Aug); d. of remuneration and working conditions are met (art. 22 Aug); e. the applicant housing is appropriate (art. 24 Aug).

Art. 47 repealed by no I of O Dec. 3. 2010, with effect from Jan 1. 2011 (2010 5959 RO).

Art. 48 people au (art. 30, al. 1, let. j, Aug) the AU can obtain permits of short stay if: a. they are placed by an organization authorized to place employees within the meaning of the LSE; b. the maximum numbers referred to in art. 20 are respectes.c. they are between 18 and 25; d. they follow a course of the national language spoken in their place of residence; e. their activity does not 30 hours per week and if they have one day off per week; f. their activity includes simple housework and the childcare, tasks for which they are paid adequately; g. they live with their host family and have their own room.

The permissions for the AU for twelve months maximum and cannot be extended.

RS 823.11 art. 49 readmission in Switzerland of foreigners (art. 30, para. 1, let. k, Aug) foreigners who were already in possession of a permit of stay or establishment can get a permit of stay or short term: a. if their previous stay in Switzerland for five years at least, and was not only of a temporary nature (art. 34, al. 5, Aug); ETB. If their free departure from Switzerland was not more than two years ago.

Exercising a salaried activity may be authorized if: a. There is a demand from an employer (art. 18, let. b, Aug); (b) the remuneration and working conditions are met (art. 22 Aug); c. the accommodation of the applicant is appropriate (art. 24 Aug).

New content according to section I of the Dec. 12 O. 2008, in force since Jan. 1. 2009 (RO 2008 6273).

Art. 50 readmission after a stay abroad for work or training purposes (art. 30, para. 1, let. k, Aug) foreigners who stayed temporarily abroad on behalf of their employer or for purposes of professional development for a period of up to four years can get a permit if: a. the competent cantonal authority for foreigners (art. 88 al. (1 before departure,) gave the assurance that they could return to Switzerland; (b) there is a demand from an employer (art. 18, let. b, Aug); c. the remuneration and working conditions are met (art. 22 Aug); d. housing the applicant is appropriate (art. 24 Aug).

Art. 51 readmission following military service abroad (art. 30, para. 1, let. k, Aug) foreigners who interrupted their professional activity to perform their compulsory military service abroad can obtain a permit of stay or short term if: a. they are parties at least two months before the start of the service, and if they come back at the latest three months after the end of the service; b. There is a demand from an employer (art. 18 Let's. b, LEtr); c. the remuneration and working conditions are met (art. 22 Aug); d. housing the applicant is appropriate (art. 24 Aug).

Art. 52 asylum (art. 30, para. 1, let. l, nationals, and art. 43 LAsi) if the conditions of the right of asylum (art. 43, para. 1-3, LAsi) are met, applicants for asylum may be allowed to exercise a lucrative activity if temporarily: a. the economic and employment situation permits; b. There is a demand from an employer (art. 18 Let's. b, LEtr); c. the remuneration and working conditions are met (art. 22 Aug); (d) the order of priority is respected (art. 21 Aug).

Applicants for asylum who participate in a program of occupation (art. 43 LAsi) are subject to the conditions laid down in the programme of the occupation in question.

Art. 53Etrangers admitted provisionally and to protect people (art. 30, al. 1, let. l, Aug) foreigners admitted on a provisional basis (art. 85 LEtr) and the persons to be protected (art. 75 LAsi) can be allowed to temporarily exercise gainful employment if: a. a request was filed by an employer (art. 18, let. b, Aug); b. the remuneration and working conditions are met (art. 22 Aug).

Foreigners admitted on a provisional basis (art. 85 LEtr) and the persons to be protected (art. 75 LAsi) participating in a program of occupation within the meaning of art. 43 LAsi are subject to the conditions set out in this programme.
Foreigners admitted on a provisional basis may be allowed to exercise a self-employed gainful activity if financial conditions and requirements for the operation of the business are met (art. 19, let. b, Aug).

New content according to section I of the Dec. 4 O. 2009, in force since Jan. 1. 2010 (2009 6413 RO).

Section 5 change of purpose of stay art. 54. If a permit of stay or short term has been granted under a provision of admission for a stay with a specific purpose, a new authorization is required if the purpose of the stay is changing.

Chapter 4 regulations of the stay


Section 1 short term authorizations art. 55 job change (art. 32, para. 3, Aug) holders of a short-term residence permit may be allowed to change jobs within the same industry and the same profession if they can continue their business with their employer or if you cannot reasonably require of them, provided that the change of employment is not due to the behavior of the employee.

Art. 56 renewal permits for stays of short duration may be granted once again after a break of a year (art. 32, para. 4, Aug). Exceptions are possible in cases duly motivated when it comes for example of a recurring annual event. The al. 2 remains reserved.
Abroad must, between two permissions for a short time of four months (art. 19, para. 4, let. a), stay at least two months abroad.
A foreigner may receive only a one-time authorization of short stay for an au (art. 48), for training or development (arts. 23 and 24) or for an internship (art. 42). There are possible exceptions in duly motivated cases.

Art. 57 succession of permissions permissions categories below may not succeed immediately: a. authorities for short stay of a maximum of four months (art. 19, al. 4, let. a); b. short lasting more than four months residence permits (art. 19, al. 1); c. the residence permits of short duration of eight months (art. 19 al. 4, let. (b); (d) the residence permits of short duration for trainees (art. 42).

The person concerned must prove that she stayed at least two months abroad between one and the other of these permissions.

New content according to section I of the October 22 O. in force since Jan. 1, 2014. 2016 (2014 3541 RO).

Section 2 permits art. 58 duration of validity of the residence permit the initial residence permit is valid for one year; It can be extended by two years. There are possible exceptions in duly motivated cases.
The piece of foreign identity (art. 8) must still be valid for six months after the expiry of the residence permit. There are possible exceptions in duly motivated cases.

Art. 59 request for extension of the residence permit application for extension of the residence permit (art. 33, para. 3, nationals) must be filed no later than 14 days before the expiry of the period of validity of the residence permit. An extension is possible no earlier than three months before the expiry of the period of validity. There are possible exceptions in duly motivated cases.
When the person concerned has filed a request for an extension, she is allowed to stay in Switzerland for the procedure, provided no other decision has been made.

Section 3 establishment Art. permissions 60 grant of the authorisation of establishment (art. 34, para. 2, and 96 LEtr) before granting a business permit, should be to examine what was the behaviour of the applicant so far and check if its degree of integration is sufficient.

Art. 61 grant anticipated the business permit (art. 34, para. 3, Aug) business permit may be granted in advance when the applicant was already holder of such authorization for at least ten years and that his stay abroad lasted no more than six years.

Art. 62 the granting of property in case of successful integration (art. 34, para. 4, Aug) business permit can be granted in case of successful integration, including when abroad: a. respects the Swiss legal system and values of the Federal Constitution; (b) has knowledge of the national language instead of home equivalent at least to reference level A2 of the common European framework of reference for languages published by the Council of Europe; knowledge of another national language may also be taken into account in duly motivated cases; c. manifests its will to participate in economic life and to form.

Examination of the application for early approval of the school takes into account the degree of integration of the older members of the family over twelve years.

www.coe.int/T/DG4/Portfolio/?L=E&M=/main_pages/levels.html art. 63Demande for extension of the validity of the residence permit for business permit (art. 41, al. 3, Aug) the residence permit of a business permit holders must be presented or submitted for extension to the competent cantonal authority for foreigners (art. 88, al. 1) to no later than fourteen days prior to its expiration. The extension is granted at the earliest three months before the due date. There are possible exceptions in duly motivated cases.

New content according to section I of the Dec. 12 O. 2008, in force since Jan. 1. 2009 (RO 2008 6273).

Section 4 refugees and applicants for asylum, persons admitted on a provisional basis, to protect people exercising a gainful activity art. 64 job change (art. 30, para. 1, let l and LEtr, art. 43 LAsi) asylum (art. 52) may be allowed to change jobs permitting a. economic situation and the labour market; b. compensation and working conditions provided for in art. 22 Aug are met; (c) the conditions of the right of asylum (art. 43, para. 1-3, LAsi), are met.

Persons admitted on a provisional basis and the persons to be protected (art. 53) may be allowed to change jobs when the provisions relating to compensation and work (art. 22 Aug) are met.

Art. 65 refugees engaged in gainful activity anyone who was granted asylum in Switzerland or are admitted provisionally as a refugee is allowed to exercise a lucrative activity and to change jobs when the provisions relating to compensation and work (art. 22 Aug) are met.

Section 5 scope territorial authorities art. 66 cantonal scope foreigners can have a residence permit, of short duration or institution that in one canton. Permissions are valid on the territory of the canton that issued them.

Art. 67 change of canton (art. 37 LEtr) any transfer of the center of activity or interest in another canton involves soliciting authorization for change of canton.
Foreign holders of a residence permit, of short duration or institution do not need permission to make a temporary stay of three months per calendar year in another canton, nor to declare their arrival (art. 37, para. 4, Aug). The rules on the weekly stay outside the home is based on art. 16 art. 68 stay without change of canton if the alien stays outside the canton who granted permission for medical treatment (e.g. in a hospital, a health care facility or a sanatorium), it will not be considered have changed to canton, and this regardless of the duration of the stay.
It goes the same for abroad which, in application of art. 36, al. 2, gets permission to short stay for the likely duration of the police investigation or the court proceedings and staying out of the canton which granted the authorization.

New content according to point 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).
Introduced by section 2 of the annex to the O from 7 nov. 2012 on extraprocedurale protection of witnesses, in effect since Jan. 1. 2013 (2012 6731 RO).

Art. 69 jurisdiction in case of guardianship the canton in which the headquarters of the authority trustee Manager is responsible for regulations under the law on foreigners for foreigners placed under guardianship.

Art. 70 criminal enforcement, enforcement measures and placement of civil law if a stranger is in pre-trial detention or place in a prison, or to execute measures of stationary or ambulatory way to the senses of the art. 59-61, 63 or 64 of the penal code or be committed to an institution within the meaning of art. 397a of the code civil, located in canton who granted the authorization or in another canton, the authorization that he owned until then remains valid until his release.
The conditions of stay must be fixed once again no later than at the time of his release, conditional or not, criminal enforcement, enforcement measures or placement. If a transfer of the person in his home State to serve a criminal sentence is considered, a decision must immediately be taken on his conditions of stay.

RS 311.0 RS 210 chapter 5Titre of living art. 71 residence permits arising out of art. 41, al. 1 Aug foreigners subject to authorization to receive a residence permit in accordance with art. 41, al. 1, Aug. These residence permits attest a short stay permit (permit L), a residence permit (B permit) or a business permit (C permit).
Foreigners subject to authorization exercising a gainful activity of four months up over a period of twelve months (art. 12, para. 1) receive authorization to enter the territory in place and place of residence.

In order to pay for their stay and regardless of its duration, the artists and musicians with monthly commitments (art. 19, para. 4, let. b) receive a certificate of work and, if the duration of commitments more than three months, a residence permit.

New content according to section I of the October 22 O. in force since Jan. 1, 2014. 2016 (2014 3541 RO).

Art. 71A other residence permits the following individuals receive a specific title to their particular status: a. the authorized person to come work in Switzerland in the border area (border, G licence) pursuant to art. 35 Aug; (b) the claimant for the duration of the asylum procedure (permit N) pursuant to art. 42 LAsi; c. a person admitted temporarily until the lifting of the measure (F permit) in accordance with art. 41, al. 2, Aug; (d) the person to be protected for the duration of temporary protection (permit S) in accordance with art. 74 LAsi; e. the person accompanying the person quoted in para. 2 and who: 1 has privileges, immunities and facilities, 2 has facilitated access to the Swiss labour under art market. 22 of the order of 7 December 2007 on the host (OLEH) et3 State. actually pursues an economic activity on the market of the Swiss work (permit below).

The recipient of privileges, immunities and facilities receive a legitimation card issued by the FDFA in accordance with art. 17, al. 1, OLEG.

SR 192.121 art. 71b no biometric residence permit the cantons issue as directed by the SEM no biometric to the following residence: a. nationals of the Member States of EFTA and to nationals of the States parties to the agreement of 21 June 1999 between the Swiss Confederation, on the one hand, and the European Community and its Member States, on the other, on the free movement of persons (ALCP); b. to posted workers in Switzerland for a period exceeding 90 days on a calendar year by a company established in an EFTA Member State or a State party to the ALCP; c. to the persons referred to in art. 71, art. 1. the legitimation card issued by the FDFA to beneficiaries of privileges, immunities and facilities under art. 17, al. 1, OLEG is not biometric residence.
No biometric residence can take the form: a. a card without biometrics; b. a document printed on paper.

RS 0.142.112.681 new content according to section I of the O from 13 nov. 2013, in effect since Dec. 1. 2013 (2013 3683 RO).
SR 192.121 art. 71C biometric residence permit in accordance with Regulation (EC) 1030/2002, the biometric residence permit n is equipped with a chip containing an image of the face, two fingerprints and data of the holder in the machine readable zone.

R (EC) n 1030/2002 of the Council of 13 June 2002 establishing a uniform model residence permit for nationals of third countries, OJ L 157 of the 15.6.2002, p. 1; amended lastly by the R (EC) n 380/2008, OJ L 115 of the 29.4.2008, p. 1.

Art. 71dDestinataires of the biometric residence permit nationals of a non-member of the EU or EFTA State receive a biometric residence permit, with the exception of posted workers for longer than 90 days in a calendar year by an undertaking established in a Member State of EFTA or in a State party to the ALCP and of the persons referred to in art. 71, art. 1. nationals of a member of the EU but not party to the ALCP receive biometric residence with the mention '(not applicable ALCP) EU Member State ".
A citizen within the meaning of para. 1 who is a member of the family of a Swiss national receives a biometric residence permit marked "member of the family.
A citizen within the meaning of para. 1 who is a member of the family of a national of a Member State of the EU or EFTA, making use of his right to free movement receives a biometric residence permit marked "member of the family of a citizen of the EU/EFTA.
A citizen within the meaning of para. 4 that gets a right to remain under annex I, art. 4, ALCP or Annex K, Appendix 1, art. 4, of the Convention on 4 January 1960 establishing the European Free Trade Association (EFTA) receives biometric residence with the mention 'staff to remain right' in addition to the mention "member of the family of a citizen of the EU/EFTA. The death of a national of an EU or EFTA Member State, he receives a biometric residence permit only labeled "personal stay right.
Nationals according to the al. 1 and 4 which are holders or a non biometric card established after December 12, 2008, according to the requirements of Regulation (EC) 1030/2002 n other document in paper form can either keep them until maturity.

New content according to section I of the O from 13 nov. 2013, in effect since Dec. 1. 2013 (2013 3683 RO).
RS 0.142.112.681 RS 0.632.31 R (EC) n 1030/2002 of the Council of 13 June 2002 establishing a uniform format of residence permit for third country nationals, in the version published in the OJ L 157 of 15.6.2002, p. 1.

Art. 71st seizure of photography, fingerprints and signature before any seizure of the photograph, fingerprints and signature, the competent authority shall check of the identity of the future holder of the residence permit.
The establishment of the residence permit authority or the authority designated by the canton takes a digital photograph of the applicant.
The canton may authorize the applicants to provide a digital photograph. The authority of the school verifies that photography meets the required quality criteria. The SEM sets out the criteria to satisfy photography.
The authority of the school takes flat fingerprints left index and right of the applicant. In case of absence of the index, substandard footprint or injury at the end of the finger, the imprint of the major is taken in the first place, then in a way subsidiary one of the ring finger or thumb. If it is not possible to capture fingerprints with one hand, two fingers of the other hand prints are entered.
Fingerprints are entered from the age of 6 years.
The photograph is taken from birth.
The signature of a child may be required from the age of 7 years.
People with it, for physical reasons, impossible to take fingerprints are exempted from the obligation to give.

Art. 71F Presentation in person before the authority at the first time of the residence permit, the applicant is required to present themselves in person to the authority of the school. The cantons may provide that applications for establishment of residence permits are filed with the town of home. In this case, the applicant must present themselves personally in the commune.
The authority of the school may exempt the applicant who suffers serious physical or psychological infirmities to appear personally if identity can be proved conclusively in another way and if necessary data may be obtained by other means.
It may require that the applicant is personally at the renewal of his residence permit.

Art. 71g refresh of the biometric residence permit the cantonal authorities may require adults and children a biometric entry before the expiry of the 5-year period provided for in art. 102, art. 2, Aug, when significant changes of the appearance are noted to the point that the person cannot be identified with the holder of the residence permit.

Art. 71 h duty of the cantons cantons take over the residence permit and the procedure of making to the conditions agreed between the Confederation and the third charges to make the residence permit.

Art. 72 introduction and withdrawal of the residence permit any foreigner shall, on request, present or immediately return his residence permit to the authorities. If this is not possible, a reasonable deadline for this purpose.
The competent foreign authority may withdraw a residence permit when the conditions of stay are no longer met.

Art. 72 a reading of fingerprinting the federal Department of justice and police means airline companies and airport operators authorized to read fingerprints stored in the chip at the control of passengers before boarding, based on the following criteria: a. the risk of illegal migration found for certain flights or certain provenances; (b) the number of people who on their arrival in Switzerland by a flight before lacked documents travel, visa or necessary residence permits; c. the reliability of travel and identity documents issued by States outside the EU and EFTA; (d) the finding of fraudulent behaviour or new procedures requiring a fingerprint reading.

It determines the locations and duration of controls.
The SEM is authorized to communicate read rights for specially protected the chip data (fingerprints):

a. the States with which the federal Council has concluded an agreement in the sense of art. 41, art. 2, Aug; b. the Swiss allowed authorities to proceed to the reading of the fingerprints within the meaning of art. 102b Aug; c. companies and operators designated pursuant to para. 1. Chapter 5aCentre to produce the biometric residence permit art. 72b evidence of good reputation for evidence of the reputation of the centre to produce the biometric residence permit, SEM may request, in addition to the security check people, whether physical or legal persons or their bodies to provide, pursuant to art. 41B LEtr including the following documents: a. the central criminal; b. extract of the register trade; (c) extract from the register of prosecution for debts and bankruptcy on the last ten years; d. resume, including complete trade commitments inventory; e. Overview of the equity of the ten years; f. complete list of criminal investigations and criminal and civil of ten procedures years.

Are deemed beneficial and share holders can exercise a decisive influence on the business people who have a direct participation or indirect superior to 10% of the capital or of the voting rights. Where it considers that this is necessary, the SEM can also claim the documents of people whose direct or indirect participation is less than 10% of the capital or of the voting rights.
If one of the persons mentioned in paras. 1 and 2 had his headquarters or domicile abroad over the past ten years, it must provide the equivalent foreign documents.
The SEM can ask that the centre to produce the biometric residence permit referred to in art. 41B LEtr periodically independently verifies the good reputation of the individuals concerned and to confirm that they have a good reputation.

Art. 72 c duty production and control the SEM can ask the center referred to in art. 41b nationals and, if necessary, to the members of the Group of companies that provide including the following documents: a. annual accounts controlled; (b) list of all rights holders economic and holders of shares; c. information on the Organization of the company and on the responsibilities of each person; d. management system of quality certified and suitable for the production of residence; e. program of security measures with particular measures to ensure the protection of data and residence permits to produce safety and elements composing them; (f) description of measures taken to acquire, maintain and develop the specific knowledge and skills in the area of residence permits.

The annual accounts must be checked annually by a revision economically and legally independent body as part of a regular review. Enterprises approved as an expert reviewer within the meaning of the order of 22 August 2007 on the monitoring of the review may serve as a reviewing body. For corporations with headquarters abroad, the foreign equivalent requirements are applicable.
The centre to produce biometric as referred to in art. 41B LEtr regularly provides evidence that he respects and maintains the quality management system and the program of security measures.

RS 221.302.3 Chapter 6 grouping family art. 73 time limit for family reunification of holders of a residence permit applications for family reunification for spouses and children of holders of a residence permit must be filed within five years. Applications for family reunification for children over twelve years must be filed within twelve months.
The time limits in the al. 1 start running at the time of the granting of the authorization of residence or the institution of the family relationship.
After this period, delayed reunification cannot be allowed for major family reasons. If necessary, children over the age of fourteen years are heard. As a general rule, the hearing takes place in the premises of the Swiss representation of the place of stay.
The provisions of paras. 1 to 3 apply by analogy to the partnerships between persons of the same sex.

Art. 74 family reunification in the case of temporary admission (art. 85, para. 7, Aug) requests to include family members in the provisional admission must be filed with the competent cantonal authority for foreigners (art. 88, al. 1).
The cantonal authority shall forward the application with its opinion to the MIR. He said if the legal conditions for family reunification are met.
If the timelines for family reunification provided in art. 85, al. 7, nationals, are respected, the request to include family members in the provisional admission must be filed within five years. Applications for family reunification for children over twelve years must be filed within the next 12 months. If the family relationship is established only after the expiry of the deadline provided for in art. 85, al. 7, nationals, delays begin to run from that date there.
After this period, delayed reunification cannot be allowed for major family reasons. If necessary, children over the age of fourteen years are heard. As a general rule, the hearing takes place in the premises of the Swiss representation of the place of stay.
The special situation of refugees admitted provisionally must be taken into account in the decision on the authorization of family reunification. For members of the family of refugees admitted on a provisional basis, art. 37 of order 1 of 11 August 1999 on asylum procedure applies by analogy.
The provisions of paras. 1-5 shall apply by analogy to partnerships between persons of the same sex.

SR 142.311 art. 75 family reasons for family reunification delayed children (art. 47, para. 4, Aug) major family reasons within the meaning of art. 47, al. 4, nationals and art. 73, al. 3-74, al. 4, can be invoked when the child cannot be guaranteed only by family reunification in Switzerland.

Art. 76 exception to the requirement of the joint household (art. 49 LEtr) an exception to the requirement of the common household may result from due reasons, notably, professional obligations or a trial separation due to important family issues.

Art. 77 dissolution of the family (art. 44 and 50, para. 1, let a and b, Aug) the residence permit granted to the spouse and children in respect of family reunion according to art. 44 Aug may be extended after the dissolution of the marriage or the family if: a. the conjugal community exists for at least three years and that the integration is successful, or sib. the continuation of the stay in Switzerland is required for major personal reasons.

The personal reasons referred to in para. 1, let. b, are including data when the spouse is a victim of domestic violence or when the marriage was concluded in violation of the free will of a spouse or social reintegration in the country of origin seems strongly compromised.
The time of granting the authority of the school is based on art. 34 Aug.
Abroad is well integrated within the meaning of para. 1, let. a, and art. 50, al. 1, let. a, nationals, especially when he: a. respects the Swiss legal system and values of the Federal Constitution; b. manifests its will to participate in economic life and to learn the national language instead of home.

If domestic violence within the meaning of para. 1, let. b, and art. 50, al. 2, Aug, is invoked, the competent authorities may ask for evidence.
Are particularly considered as indices of violence: a. medical certificates; b. the police reports; c. the criminal charges; d. the measures within the meaning of art. 28b of the civil code, Yes. the criminal judgments on this issue.

During the examination of the personal reasons referred to in para. 1, let. b, and art. 50, al. 1, let. b, Aug, the competent authorities take into account indications and information provided by specialized services.
The provisions of paras. 1 to 6 shall apply by analogy to partnerships between persons of the same sex.

New content according to section I of the O on March 27, 2013, in effect since July 1. 2013 (2013 1041 RO).
SR 210 introduced by section I of O from 23 nov. 2011, in force since Jan. 1. 2012 (2011 5855 RO).
New content according to section I of the Nov. 23 O. 2011, in force since Jan. 1. 2012 (2011 5855 RO).

Chapter 7 end of stay art. 78 help return and reintegration (art. 60 Aug) the goal of return and reintegration assistance is to encourage people to leave the Switzerland voluntarily and within the prescribed time to return to the State of origin, the State of origin or a third country.
The art. 62 to 78 of the order 2 of August 11, 1999 on financing asylum apply by analogy.

SR 142.312 art. 79 extinction of authorization (art. 61 LEtr) deadlines provided for in art. 61, al. 2, nationals, are not interrupted in the event of temporary residence in Switzerland to visit, for tourism or business purposes.

The maintenance of the business permit application must be filed before the expiry of the period of six months (art. 61, para. 2, Aug).

Art. 80 damage to security and public order (art. 62, let. c, and 63, let. b, Aug) there including breach security and order public. in case of violation of legal regulations or decisions of authorities; (b) in the case of voluntary breach of obligations of public law or private; (c) in the case of public apology for a crime against the peace , a war crime, a crime against humanity or acts of terrorism, or in the case of incitement to such crimes or call for hatred against certain categories of population.

Public safety and order are threatened when there are concrete indications that the stay in Switzerland of the person concerned leads in all likelihood a breach to the security and public order.

Art. 81 entry ban (art. 67 LEtr) the cantonal authorities may file an application with the SEM order entry ban.

Chapter 8 administrative assistance and data communication art. 82 obligation to communicate (art. 97, al. 3, Aug) police and judicial authorities and the criminal investigating authorities communicate spontaneously to the competent cantonal authority for foreigners (art. 88, al. 1) each opening or suspension of criminal instructions, arrest and release, as well as civil or criminal, judgment concerning foreigners. They communicate also all cases where an illegal stay in Switzerland has been found.
The civil status, guardianship and judicial authorities communicate spontaneously to the competent cantonal authority for foreigners every marriage, refusal to celebrate the marriage, declaration of invalidation, separation and divorce involving foreigners and all protective measures.
Involved authorities to the competent cantonal authorities for foreigners facts related to communication within the meaning of para. 2 stating that a marriage would have been concluded in an abusive manner in order to circumvent the provisions of admission referred to in art. 51 Aug. It goes the same for Swiss representations abroad.
The provisions of paras. 2 and 3 apply by analogy to the partnerships between persons of the same sex.
Authorities to pay social assistance benefits communicate spontaneously to the competent cantonal authorities for foreigners the payment of social assistance to foreigners. Communication is not necessary when the person concerned has a business permit and stayed in Switzerland for more than 15 years (art. 63, para. 2, Aug).
To examine the right to stay, the bodies responsible for the application of unemployment insurance communicate spontaneously to the competent cantonal authorities on stranger the name, first name, date of birth, nationality and address of nationals of Member States of the EU or EFTA: a. who, during the first year of stay in Switzerland, will be an Office to work in order to be placed; b. that is denied the right to unemployment benefits; (c) for which a decision of Attorney placement is taken; (d) for which the payment of the unemployment benefit ends.

The al. 6 does not apply where the persons concerned have a business permit.

New content according to section I of the Dec. 12 O. 2008, in force since Jan. 1. 2009 (RO 2008 6273).
Introduced by section I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4371 RO).
Introduced by section I of O from 29 nov. in force since Jan. 1, 2013. 2014 (2013 4371 RO).

Art. 82aCommunication of data in a Dublin State in the application of the association agreements in Dublin, before transferring a stranger towards the responsible State bound by one of these agreements (State Dublin), SEM passes to state the following: a. personal data referred to in annex VI of Regulation (EC) No 1560/2003; ETB. for people who need medical care or treatment, information about their State of physical and mental health in accordance with annex IX of Regulation (EC) No 1560/2003.

The al information. 1, let. b, can be shared only between healthcare professionals or persons subject to a professional secrecy equivalent and only with the express consent of the person concerned or his representative. If the person concerned is not able to give consent for physical or legal reasons, some data may exceptionally be transferred without his consent on purpose if necessary the protection of its vital interests or those of a third party.
The procedure is governed by arts. 31 and 32 of Regulation (EU) no 604/2013 and the art. 8, by. 3, and 15 of Regulation (EC) No 1560/2003.

Introduced by no I 1 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
The Dublin association agreements referred to in annex 4.
Regulation (EC) No 1560/2003 the Commission of September 2, 2003, with modalities of application of the Regulation (EC) No 343/2003 of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a national of a third country, OJ L 222 of the 5.9.2003, p. 3; Regulation as last place by the Regulation (EU) No. 118/2014, OJ L 39 of 8.2.2014, p. 1.
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 lodged in one of the Member States by a national of a third country or a stateless person (recast), OJ L 180 of the 29.6.2013 version, p. 31.

Chapter 9 preliminary Decision of the authorities of the labour market and admission procedure art. 83 prior decision of the authorities of the labour market (art. 40, al. 2, Aug) before granting first permit of stay or short term for the exercise of a gainful activity, the competent cantonal authority (art. 88, al. 1) decides if the conditions are met: a. to exercise a lucrative activity employed or independent to the senses of the art. 18 to 25 Aug; (b) an individual or a company domiciled abroad or whose headquarters are abroad to provide cross-border services within the meaning of art. 26 Aug; c. to enable holders of a residence permit to undertake a lucrative independent activity within the meaning of art. 38, al. 3, Aug.

It also decides if a short-term residence permit may be extended or renewed, and for holders of a short-term residence permit, asylum and persons admitted on a provisional basis, if a change in employment may be authorized.
The preliminary decision of the authorities of the labour market can be subject to conditions, including the type and length of a lucrative period in Switzerland.
Agreement with the SEM, it is possible to give, instead of decisions, approval in principle for certain categories of persons and requests, in concrete cases, according to para. 1, let. c, and al. 2 art. 83aReconnaissance of removal decisions pronounced by the competent cantonal authorities for foreigners foreign States may return a stranger in his State of origin or provenance the requirements in directive 2001/40/EC, where an enforceable decision of dismissal issued by a State bound by the association agreements to Schengen establishes that the stranger did not meet entry requirements referred to in art. 5, by. 1, of the Schengen borders code.
The cantons check if enforcement of the removal in the State of origin or provenance is lawful, reasonable and possible and they make a decision.
Enforcement of removal expenses are reimbursed in accordance with art. 7 of directive 2001/40/EC and decision 2004/191/EC. The SEM is the point of contact within the meaning of this decision.

Introduced by no I 3 of the Oct. 22 O. 2008 (Schengen and Dublin (RO 2008 5421). New content according to no I 1 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
Directive 2001/40/EC of the Council of 28 May 2001 on the mutual recognition of expulsion of third-country nationals decisions, version of the OJ L 149 of the 2.6.2001, p. 34.
The association to Schengen agreements are mentioned in annex 3.
Regulation (EC) No. 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code on the regime of border crossing by persons (Schengen borders code), OJ L 105 of the 13.4.2006, p. 1. amended lastly by Regulation (EU) No 1051/2013, OJ L 295 of the 6.11.2013, p. 1.
2004/191/EC Council decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of the directive 2001/40/EC on mutual recognition of expulsion decisions of nationals of third countries, version of the OJ L 60 of the 27.2.2004, p. 55.


Art. 84 validity of prior decisions of the authorities of the labour market the duration of validity of prior decisions of the authorities of the labour market is six months. It can be extended for major reasons.

Art. 85Autorisations subject to approval and preliminary decisions (art. 30, para. 2, and 99 Aug) the SEM has the competence to approve the granting and renewal of authorizations of short duration and stay, the granting of the establishment as well as previous decisions of the cantonal authorities in the market of work (art. 83).
The federal Department of justice and police determines in an order in which short-term authorizations, residence or establishment as well as previous decisions of the authorities of the labour market must be submitted to the approval procedure.
The competent cantonal authority for foreign (art. 88, para. 1) can submit for approval a decision to the MIR so that it checks if the conditions provided for by federal law are met.

New content according to chapter I of O on August 12, 2015, in effect since Sept. 1. 2015 (2015 2739 RO).

Art. 86 approval procedure the SEM may refuse its approval or impose conditions on it.
He refuses to approve a. initial authorization granting and renewal when the admission conditions are no longer met or when the reasons for revocation within the meaning of art. 62 Aug exist against a person; (b) the granting of approval to establishment within the meaning of art. 34 Aug when referring conditions are not met; (c) the renewal of a residence permit when: 1. the person concerned has not the centre of his interests in Switzerland, 2 entry requirements are no longer met, 3 grounds of revocation within the meaning of art. 62 Aug exist, or lorsque4. the person concerned sticking more to the reasons of stay indicated in its application, unless the change of the purpose of the stay was later allowed.

SEM delivers the entry permit (art. 5) in the case where it approved the initial authorization of stay or short term. Are excepted the permissions referred to in art. 85, al. 2. approval of the SEM is still valid in case of change of canton.
The residence permit cannot be established when the SEM has given its approval.

New content according to section I of the Nov. 23 O. 2011, in force since Jan. 1. 2012 (2011 5855 RO).

Chapter 10 Protection of data art. 87 collection of data for purposes of identification (art. 102, al. 2, nationals) to establish the identity of a stranger and save its data in the review of the conditions for entry or in proceedings under the law on foreigners, the competent authorities may raise the following biometric data: a. fingerprints fingerprints; b. photos; c. profiles of DNA in accordance with art. 33 of the human act of 8 October 2004 on genetic analysis.

The fingerprints and photos referred to in para. 1, let. has and b, can be taken in the order of their registration in the automatic system of identification of fingerprints (AFIS) of the federal Office of police insofar as the person concerned: a. justifies his identity by using a false or falsified travel and identity document; (b) is not lawfully in possession of the document of identity or travel it presents; c. refuses to prove his identity or is not able to do so; d. presents false or falsified documentation; e. comes into Switzerland or leave the Switzerland illegally or stays illegally in Switzerland.

In order to establish the identity of the person concerned and save its data, the authorities referred to in art. 4, al. 1, let. e, 6 December 2013 on the treatment order identifying biometric data may register biometric identifying data in AFIS.
The SEM can allow an authority referred to in art. 4, al. 1, let. h, of the order of 6 December 2013 on the treatment of biometric identifying data (the requesting authority) to make comparisons of data in AFIS. The requesting authority beforehand address a written request to the WEEK in which she set out the reasons for which she needs to make these comparisons in order to perform its tasks.
He is the result of a comparison in accordance with para. 1 received from the service responsible for the management of AFIS and forward it to the requesting authority.
Biometric identifying data identified by the authorities referred to in art. 4, al. 1, let. h, of the order of 6 December 2013 on the treatment of biometric identifying data are not stored in AFIS.
Transmission and recording of fingerprints, even the treatment of personal data, are carried out in accordance with the provisions of the Ordinance of 6 December 2013 on the treatment of biometric identifying data. The two fingerprints are deleted two years after data entry.
The treatment, communication and recording the data, as well as the security of the data are governed by the relevant provisions of the Ordinance of April 12, 2006 on the central information system on migration (order SYMIC), including the art. 2, 4, 9, 11, 16 and 19 of the Ordinance SYMIC.
Facial image and the fingerprints of two fingers referred to in art. 71C are used for the purposes of the issuance of a residence permit in accordance with Regulation (EC) No 1030/2002. Access to these data is governed by the order SYMIC (Appendix 1).

RS 810.12 introduced by section 1 of the annex to the O Dec. 6. 2013 on the treatment of biometric identifying data, in effect since Sept. 1. 2014 (2014 163 RO).
RS 361.3 introduced by section 1 of the annex to the O Dec. 6. 2013 on the treatment of biometric identifying data, in effect since Sept. 1. 2014 (2014 163 RO).
Introduced by section 1 of the annex to the O Dec. 6. 2013 on the treatment of biometric identifying data, in effect since Sept. 1. 2014 (2014 163 RO).
Introduced by section 1 of the annex to the O Dec. 6. 2013 on the treatment of biometric identifying data, in effect since Sept. 1. 2014 (2014 163 RO).
Introduced by section 1 of the annex to the O Dec. 6. 2013 on the treatment of biometric identifying data, in effect since Sept. 1. 2014 (2014 163 RO).
New content according to section 1 of the annex to the O Dec. 6. 2013 on the treatment of biometric identifying data, in effect since Sept. 1. 2014 (2014 163 RO).
RS 142.513 Cf. footnote page about art. 71C. introduced by the I of O ch. 17 Dec. 2010 (2011 99 RO). New content according to no I 1 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).

Chapter 10aEurodac art. 87A Expert in fingerprints (art. 111i LEtr) an expert in fingerprints of the AFIS DNA Services of the federal police Office is responsible to perform a check of fingerprints under art. 102A LAsi in case of consultation of the Eurodac database according to art. 111i, al. 6, Aug.
The procedure is governed by art. 11 order on August 11, 1999 on asylum (OA 3) 3. The expert passes the outcome of its audit to the MIR as well as services (border police, cantonal and communal police) who conducted the Eurodac comparison.

SR 142.314 art. 87b right of access and right to the rectification or erasure of data in Eurodac the procedure for the exercise of the right of access and the right to the rectification or erasure of the Eurodac data is governed by art. 11A OA 3.

SR 142.314 art. 87 c responsibility in connection with the operation of Eurodac liability for damage associated with the operation of Eurodac is governed by the law of 14 March 1958 on the responsibility, including by his art. 19a to 19 c, which shall apply by analogy.

RS 170.32 art. 87d supervision of the treatment of the Eurodac and safety data of data art. 11 c and 12 OA 3 apply by analogy to the supervision of Eurodac data processing and data security.

RS 142.314 Chapter 11 skills, communications and time limits art. 88 enforcement authorities each canton refers to authorities, in its field of cantonal competence, execution of the LEtr and application orders.
The SEM is responsible for all the tasks of the nationals and application orders which have been attributed to a cantonal authority or another federal authority.

Art. Special 88aSituation of unaccompanied minors (art. 64, para. 4 and 5, and 64a, para. 3, nationals) during the removal procedure, it is open to the authorities to determine, through scientific methods, if the age indicated by the person concerned fits his real age.
When it is not possible to establish immediately a curatorship or guardianship for an unaccompanied minor, the competent cantonal authority without delay a person of trust to the senses of the art. 64, al. 4, or 64, art. 3, nationals, for the duration of the reference procedure, that person's term ending however the appointment of a trustee or guardian or by a majority of the interested party.

The support person must have knowledge of the law of aliens and the Dublin procedure law. It guides and supports the unaccompanied minor throughout the reference procedure, including procedures for the adoption of measures of constraint referred to in art. 73 to 81 Aug.
It does include the following: a. Council in the procedure of dismissal or the procedure for the adoption of measures of constraint; (b) support for the indication and obtaining of evidence; c. assistance particularly in the communication with the authorities and healthcare institutions.

The competent cantonal authority shall inform without delay the other cantonal and federal authorities involved in the procedure and the minor if someone you trust is designated or if protective measures are ordered.
The people responsible for the hearing of a minor take into account specific aspects of the minority.

Introduced by no I 1 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in force since 20 July. 2015 (2015 1849 RO).

Art. 89 directives of the SEM the SEM enacts the necessary directives to the execution of this order.

Art. 89aCommunication of personal data to a State that is related to any of the agreements of association to Schengen there is adequate protection of the person concerned within the meaning of art. 111 d Aug when sufficient guarantees resulting including contractual clauses and on the transmitted data and their treatment are provided on the following: a. the principles of legality, good faith and accuracy are respected; b. the purpose of the communication data is clearly determined; c. data are processed only to the extent necessary for their communication; d. the authorities authorized to process the data transmitted are clearly identified; (e) the transmission of data another State not providing a level of protection is not allowed; f. the retention and destruction of the data are clearly regulated; g. the person concerned has the right to rectify data inaccurate; h. the person concerned is informed of the processing of personal data and of the conditions of the latter; i. the person concerned has a right of access to his personal data; j. data security is guaranteed; k. the person concerned has the right to justice an independent authority if it considers that its personal data have been processed illegally.

Introduced by no I 3 of the Oct. 22 O. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).

Art. 90 calculation of time limits in the computation of time for the declaration of arrival, the date of arrival in Switzerland is counted.

Chapter 11aDispositions criminal (art. 120, para. 2, Aug) art. 90a is punished with a fine of 1,000 francs to most anyone who violates, intentionally or by negligence, the obligation, referred to in art. 63 or 72, to present or to his residence permit.

New content according to section I of the Nov. 23 O. 2011, in force since Jan. 1. 2012 (2011 5855 RO).

Chapter 12 provisions final art. 91 repeal of the law in force are repealed: 1. the regulations on March 1, 1949, of the Federal law on the stay and the establishment of foreigners; 2. the order of 20 April 1983 on the procedure of approval by law foreigners; 3. the order of January 20, 1971, the statement of the departure of foreigners; 4. the order of January 19, 1965, on the insurance of the residence permit for taking job; 5. the order of 6 October 1986 limiting the number of foreigners.

[RO 1949 232 1980 1730 art. 16, 1983 534, 1986 1791 art. 57 par. 2, 1987 1669 art. 13 c. 2, 1989 2234 art. 57 par. 2, 1996 2243 ch. I 31, 2006 965 annex c 2 4705 ch. II 2.]
[RO 1983 535, 1986 1482, 1996 2243 c. I 32, 1998 846, 2002 1769 c. 2, 2006 1945 III annex 3 ch. 1]
[RO 1971 69, 1996 2243 I c.33]
[RO 1965 62, 1996 2243 ch. I 34, 2002 1741 art. 35 No. 1]
[RO 1986 1791, 1987 1334, 1989 2234, 1990 1720, 1991 2236, 1992 2040, 1993 1460 2944, 1995 4869 5243, 1994 2310, 2410 1997, 1998 860 2726, 2002 1769 1778 3571 4167 ch. II, 2004-4389-5397, 2005 4841, 2006 1945 annex 3 ch. 12-4705 87 4739 ch. I 4 4869 ch. ch.II] I 6, 2007 4967] art. 91aDisposition transitional relative to the autonomous quotas for nationals of Croatia 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 Confederation with a view to the granting of residence permits of short duration within the meaning of art. 19 and permits within the meaning of art. 20 to nationals of Croatia.
For the nationals referred to in para. 1, the Confederation has pro rata temporis of the following annual maximum numbers: a. residence permits (art. 20): 50; b. short-term residence permits (art. 19): 450.

Introduced by chapter I of the June 18, 2008 (RO 2008 2737) O. New content according to chapter I of O from 29 nov. in force since July 1, 2013. 2014 (RO 4371 2013, 2014 997).

Art. 92 entry into force this order comes into force on January 1, 2008.

Annex 1 (art. 19 and 19 a) maximum number of short-term residence permits 1. The maximum number of short-term residence permits issued to the persons referred to in art. 19 is set to 4000 total: a. maximum number for the cantons: 2000 Zurich 403 Schaffhausen 19 Bern 252 Appenzell Rh. - ext. 11 Lucerne 88 Appenzell Rh. - int.. 3 Uri 8 St. Gallen 121 Schwyz 28 Grisons 51 Obwalden 7 Aargau 136 Nidwalden 9 Thurgau 52 Glarus 9 Ticino 91 Zug 36 Vaud 158 Fribourg 52 Valais 65 Solothurn 59 Neuchâtel 45 Basel 84 Geneva 133 Baselland 63 Jura 17 b. maximum for the Confederacy: 2000 2. These maximums are valid from January 1 to December 31, 2016.
3. If the maximum number of permissions set by the change of this order on November 28, 2014 is not reached, the remaining permissions may be granted later. They are then charged against the maximum number of authorizations for Confederation (ch. 1, let. b).
4. the maximum number of short-term residence permits issued to the persons referred to in art. 19A is set to 2000 total: 1 January - 31 March, 1 April-30 June, 1 July - 30 September 1 October-31 December 500 500 500 500 5. These maximums are valid from January 1 to December 31, 2016; permissions are granted on a quarterly basis.
6. If the maximum number of permissions set by the change of this order on November 28, 2014 is not reached, the remaining permissions may be granted later. They are carried over to the first quarter of the following year.

New content according to section I of the Nov. 11 O. 2015, in force since Jan. 1. 2016 (2015 4737 RO).
RO 2014 4441 State on 1 January 2016 Schedule 2 (arts. 20 and 20 (a) maximum number of residence permits 1. The maximum number of residence permits issued to the persons referred to in art. 20 is set at 2500 total: a. maximum number for the cantons: 1250 Zurich 252 Schaffhausen 12 Bern 157 Appenzell Rh. - ext. 7 Lucerne 55 Appenzell Rh. - int.. 2 Uri 5 St. Gallen 76 Schwyz 18 Grisons 32 Obwalden 5 Aargau 85 Nidwalden 6 Thurgau 32 Glarus 6 Ticino 57 Zug 23 Vaud 98 Freiburg 32 Valais 40 Solothurn 37 Neuchâtel 28 Basel 52 Geneva 83 Basel 39 Jura 11 b. maximum for the Confederacy: 1250 2. These maximums are valid from January 1 to December 31, 2016.
3. If the maximum number of permissions set by the change of this order on November 28, 2014 is not reached, the remaining permissions may be granted later. They are then charged against the maximum number of authorizations for Confederation (ch. 1, let. b).
4. the maximum number of residence permits issued to the persons referred to in art. 20A is set at 250 in total: 1 January - 31 March, 1 April-30 June, 1 July - 30 September 1 October-31 December 62 62 63 63 5. These maximums are valid from January 1 to December 31, 2016; permissions are granted on a quarterly basis.
6. If the maximum number of permissions set by the change of this order on November 28, 2014 is not reached, the remaining permissions may be granted later. They are carried over to the first quarter of the following year.

New content according to section I of the Nov. 11 O. 2015, in force since Jan. 1. 2016 (2015 4737 RO).
RO 2014 4441 State on 1 January 2016 Schedule 3 (art. 1, para. 2) association to Schengen agreements the association to Schengen agreements include the following:

a. the 26 October 2004 agreement between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis; b. Agreement October 26, 2004, in the form of exchange of letters between the Council of the Union European and the Swiss Confederation concerning the committees assisting the Commission European in the exercise of its executive powers; c. Arrangement of September 22, 2011 between the Union European and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation of these States in the work of the committees which assist the European Commission in the exercise of its executive powers in the field of the implementation, application and development of the Schengen acquis; d. December 17, 2004, between the Swiss Confederation agreement the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in Switzerland, Iceland or Norway; e. the 28 April 2005 agreement between the Swiss Confederation and the Kingdom of Denmark on the implementation , the application and development of parts of the Schengen acquis is based on the provisions of title IV of the Treaty establishing the European Community; (f) Protocol of February 28, 2008, between the Swiss Confederation, the European Union, the community Union and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the Swiss Confederation, the Union European and community European on the association of Switzerland to the implementation the application and development of the Schengen acquis.

Introduced by no I 3 of the Oct. 22 O. 2008 (Schengen and Dublin) (RO 2008 5421). New content according to section I of the Sept. 18 O. 2015, in effect since Oct. 15. 2015 (2015 3721 RO).
RS 0.362.31 RS 0.362.1 RS 0.362.11 RS 0.362.32 RS 0.362.33 RS 0.362.311 State on 1 January 2016 Schedule 4 (art. 1, para. 3) association agreements in Dublin to Dublin association agreements include the following: a. agreement of 26 October 2004 between the Swiss Confederation and the European Community on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in a Member State or in Switzerland (AAD); b. December 17 agreement 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the acquis Schengen and on the criteria and mechanisms for determining the State responsible for the examination of an application for asylum in Switzerland, Iceland or Norway; c. 28 February 2008 protocol between the Swiss Confederation the European Community and the Principality of Liechtenstein to the agreement between the Swiss Confederation and the European Community relating to the criteria and mechanisms for determining the State responsible for examining a claim made in a Member State or in Switzerland; d. February 28, 2008, between the Swiss Confederation, the Community Protocol European and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the European and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.

Introduced by no I 1 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
RS 0.142.392.68 RS 0.362.32 RS 0.142.393.141 RS 0.142.395.141 State on January 1, 2016

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