Rs 142.201.1 Order Of Fdjp From 13 August 2015 Authorizations Submitted To The Approval Procedure And Prior Decisions In The Field Of The Rights Of Foreigners

Original Language Title: RS 142.201.1 Ordonnance du DFJP du 13 août 2015 relative aux autorisations soumises à la procédure d’approbation et aux décisions préalables dans le domaine du droit des étrangers

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142.201.1 order of FDJP authorizations submitted to the approval procedure and prior decisions in the field of the rights of the foreigners from August 13, 2015 (status as of September 1, 2015) the federal Department of justice and police (FDJP), having regard to art. 30, al. 2, and 99 of the Federal law of December 16, 2005, on the foreign nationals (LEtr), under art. 85 of the October 24, 2007 Ordinance to the admission, stay and the exercise of a gainful activity (OASA) stop: art. 1 stay with gainful employment are submitted for approval to the Secretariat of State for Migration (SEM) prior decisions of the authority of the labour market for nationals of non-Member States of the European Union (EU) or the European free trade area (EFTA) Association when they relate to: a. the granting of an authorisation of short duration under art. 19, al. 1, OASA; b. the granting of an authorisation of short duration under art. 19, al. 4, let. a, OASA; c. the granting of an authorization for residence under art. 20, al. 1, OASA;

S. 2 residence without gainful employment of nationals of States not members of the EU or EFTA is submitted for approval to the SEM the granting to nationals of States not members of the EU or EFTA of the following permissions: a. residence permits for pupils, students, PhD students, postdocs, academic guests, people enjoying sabbatical and leave holders of a scholarship of the Swiss Confederation, if they are nationals of a country associated with risk high hit to the internal or external security of the Switzerland or bypass the legal residence requirements; SEM determines the list of these countries and adapts it regularly; b. entry for people in medical treatment, insofar as it is foreseeable, upon the filing of the application, that the duration of the stay will be a year or more (art. 29 LEtr); c. entry for pensioners (art. 28 LEtr); d. entry for children in care (art. 48 LEtr); e. residence permits to prepare the wedding extent, upon the filing of the application, it is foreseeable that the duration of the stay will be a year or more.

S. 3 licensing of short duration, residence and establishment in particular cases are submitted to SEM for approval: a. the granting of a residence permit to an alien without a valid national passport; b. the granting of a residence permit to a foreigner who has violated seriously or repeated the Swiss legal order or when the cantonal authority has knowledge of facts relating to the field of the security of the State; c. the granting of an authorisation for residence or establishment suite revocation of input Swiss nationality in force; d. the prior granting of an authorisation of establishment pursuant to art. 34, al. 3 and 4, LEtr; e. the immediate granting of an authorisation of establishment to a professor.

S. 4 extension of residence in specific cases permits are subject to the SEM for approval: a. the extension of the residence permit when abroad is no longer able to obtain the extension of its national passport; b. extension of the authorization of residence of a national of a State not member of the EU or EFTA admitted temporarily in Switzerland (pupil, student, PhD) (, post-doc, academic host, person enjoying a sabbatical leave, etc.) in the following cases: 1. it is anticipated that residence for purposes of training or development will extend beyond eight years (art. 23, para. 3, OASA), 2. abroad spending more or is no longer able to devote to his studies the time usually needed to complete it, or 3. serious clues tend to demonstrate that abroad change repeatedly targets of training to stay permanently in Switzerland;

c. extension of the residence permit of a foreigner who has violated serious or repeated the Swiss legal order manner or when the cantonal authority has knowledge of facts relating to the field of the security of the State; d. extension of the residence permit after the dissolution of the conjugal union or the death of the spouse Switzerland or abroad, when the alien is not a national of a Member State of the EU or EFTA (art. 50 LEtr; art. 77 OASA);

S. 5 exceptions to the conditions of admission (art. 30, Al 2, LEtr) are subject to the SEM for approval: a. the granting of a residence permit to a foreign child of Swiss (art. 29 OASA) nationals; b. the granting of an authorisation to stay in an old Swiss citizen (art. 30 OASA); c. the granting of a residence permit to a person illegally for the fulfilment of initial vocational training (art. 30A OASA); d. the granting of a permission to stay in an individual case a extreme gravity (art. 31 OASA); e. the granting of permits of short duration or a residence permit to preserve major public interests (art. 32 OASA); f. the granting of an authorisation to stay in a child (art. 33 OASA); g. the granting of an authorisation of short duration to a victim or a witness of trafficking humans (art. 36 OASA); h. the granting of a residence permit under the extraprocedurale protection of witnesses (art. 36A OASA); i. the granting of permits of short duration or a residence permit to a foreigner who has already been in possession of an authorisation for residence or establishment (readmission in Switzerland of foreigners, art. 49 OASA); j. granting an authorisation of short duration or of a residence permit to an alien returning to Switzerland after completing his service abroad (art. 51 OASA); k. the granting of a residence permit to a correspondent or hired from a media journalist whose Headquartered abroad (art. 43, para. 1, let. f, OASA).

S. 6 family reunification of nationals of non-Member States of the EU or EFTA is subject to the SEM for approval the granting of the following permissions for the family reunification of nationals of non-Member States of the EU or EFTA: a. residence permits at the end of the time limit for family reunification under arts. 47 LEtr and 73 OASA; b. residence permits for the descendants of a Swiss citizen or of his spouse and who are over the age of 18 years (art. 42, Al 2, LEtr); c. residence permits for the ascendants of a Swiss citizen or of his spouse (art. 42, Al 2, LEtr); d. residence permits for the descendants of a national of a Member State of the EU or EFTA or spouse and who are age more than 21 years (art. 3, paras. 1 and 2, let. a of annex I to the AC. of 21 June 1999 between the Swiss Confederation, on the one part and the European Community and its Member States, on the other, on the free movement of persons [ALCP]); e. residence permits for the descendants of a national of a Member State of the EU or EFTA or spouse and who are between the ages of 18 and 21 years as far as these descendants have not been legally and permanently in a Member State of the EU or EFTA before the filing of the application (art. 3, paras. 1 and 2, let. a of annex I ALCP); f. residence permits for the ascendants of a national of a Member State of the EU or EFTA or spouse (art. 3 , by. 1 and 2, let. (b), of annex I ALCP).

RS 0.142.112.681 s. 7 entry into force this order comes into force on September 1, 2015.

RO 2015 2741 RS 142.20 RS 142.201 State on September 1, 2015

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