For approval by the State Secretariat for Migration (SEM), the prior decisions of the Labour Market Authority concerning nationals of non-member States of the European Union (EU) or the European Association of Free trade (EFTA) when they relate to:

A.

The granting of a short-term authorization under s. 19, para. 1, OASA;

B.

The granting of a short-term authorization under s. 19, para. 4, let. A, OASA;

C.

The granting of a residence permit under Art. 20, para. 1, OASA;

The granting of the following authorisations to nationals of non-EU or EFTA States shall be submitted for approval to the SEM:

A.

Residence permits for pupils, students, PhD students, post-doctoral students, academic hosts, persons receiving sabbatical leave and holders of a Confederation grant, if they are nationals of a country associated with a high risk Damage to the internal or external security of Switzerland or the circumvention of the legal requirements for residence; the SEM determines the list of these countries and adapts it regularly;

B.

Authorisations for residence for persons in medical treatment, to the extent that it is foreseeable, upon the filing of the application, that the duration of the stay will be one or more years (Art. 29 LEtr);

C.

Residence permits for annuitants (art. 28 LEtr);

D.

Residence permits for children in care (art. 48 LEtr);

E.

Residence permits to prepare for the marriage, to the extent that, at the time of filing the application, it is foreseeable that the duration of the stay will be one or more years.

Art. 3 Granting of short-term authorisations, residence and establishment in special cases

Are submitted to SEM for approval:

A.

The granting of a residence permit to a foreigner without a valid national passport;

B.

The granting of a residence permit to a foreigner who has seriously or repeatedly infringed the Swiss legal order or where the cantonal authority is aware of facts relating to the fields of security of the State;

C.

The granting of a residence or establishment authorisation following the revocation of Swiss nationality entered into force;

D.

The prior granting of an establishment authorization under s. 34, para. 3 and 4, LEtr;

E.

The immediate granting of the establishment authorization to a professor.

Are submitted to SEM for approval:

A.

The extension of the residence permit when the alien is no longer able to obtain the extension of his national passport;

B.

The extension of the residence authorisation of a national of a non-EU Member State or of EFTA temporarily admitted to Switzerland (student, student, doctoral student, post-doctoral candidate, academic host, sabbatical, fellow, Etc.) in the following cases:

1.

It is foreseeable that the stay for training or development will extend beyond eight years (s. 23, para. 3, OASA),

2.

The alien no longer spends or is no longer able to devote to his or her studies the time normally necessary to complete them, or

3.

Serious evidence suggests that the foreigner has repeatedly changed training objectives with a view to staying in Switzerland on a long-term basis;

C.

The extension of the residence permit of a foreigner who has seriously or repeatedly infringed the Swiss legal order or where the cantonal authority has knowledge of facts relating to the security of the Eta;

D.

The extension of the residence permit after the dissolution of the conjugal relationship or the death of the Swiss or foreign spouse, where the alien is not a national of an EU or EFTA Member State (Art. 50 LEtr; s. 77 OASA);

(art. 30, para. 2, LEtr)

Are submitted to SEM for approval:

A.

The granting of a residence permit to a foreign child of Swiss nationals (art. 29 OASA);

B.

The granting of a residence permit to a former Swiss national (art. 30 OASA);

C.

The granting of a residence permit to a person residing without authorisation for the purpose of completing initial vocational training (Art. 30 A OASA);

D.

The granting of a residence permit in an individual case of extreme gravity (art. 31 OASA);

E.

The granting of a short-term authorisation or a residence permit with a view to preserving major public interests (Art. 32 OASA);

F.

The granting of a residence permit to a child (art. 33 OASA);

G.

The granting of short-term authorisation to a victim or witness to trafficking in human beings (art. 36 OASA);

H.

The granting of a residence permit in the context of the extra-procedural protection of witnesses (Art. 36 A OASA);

I.

The granting of a short-term authorisation or a residence permit to a foreigner who has already been in possession of a residence or establishment authorisation (readmission to Switzerland of foreigners, art. 49 OASA);

J.

The granting of a short-term authorisation or a residence permit to a foreigner returning to Switzerland after completing his military service abroad (Art. 51 OASA);

K.

The granting of a residence permit to a correspondent or journalist engaged in a foreign media outlet (art. 43, para. 1, let. F, OASA).

Is submitted to the SEM for approval to grant the following authorisations for family reunification of nationals of non-EU Member States or EFTA:

A.

Authorizations to stay within the time limit for family reunification under s. 47 LEtr and 73 OASA;

B.

Residence permits for the descendants of a Swiss citizen or his or her spouse who are over 18 years of age (art. 42, para. 2, LEtr);

C.

Authorisations for residence for the ascendants of a Swiss citizen or his spouse (Art. 42, para. 2, LEtr);

D.

Residence permits for the descendants of a national of a Member State of the EU or EFTA or of his or her spouse who are over 21 years of age (art. 3, para. 1 and 2, let. A, of Annex I to the Ac. Of 21 June 1999 between the Swiss Confederation, of the one part and the European Community and its Member States, of the other part on the free movement of persons [ALCP] ¹ );

E.

Residence permits for the descendants of a national of a Member State of the EU or EFTA or of his or her spouse and who are between 18 and 21 years of age, provided that such descendants have not been legally and durably stayed in a State Member of the EU or EFTA before the application is filed (Art. 3, para. 1 and 2, let. A, of Annex I ALCP);

F.

Authorisations for residence for the ascendants of a national of an EU Member State or of the EFTA or his spouse (Art. 3, para. 1 and 2, let. B, of Annex I ALCP).

This order shall enter into force on 1 ^Er September 2015.