Change of Status in Switzerland: Important Considerations and Implications

Potential changes in residency status in Switzerland can be extremely complex, particularly surrounding considerations for ensuring the continuation of stay or preparing for an exit from the country.

Such changes often raise concerns and questions for foreign nationals, particularly regarding:

• Involuntary termination of employment
• Desire to switch employers
• Separation or divorce

This blog covers the immediate implications of these changes, providing essential information to help determine whether one can remain in Switzerland and the necessary steps to take promptly.

EU nationals generally are not immediately affected by these changes due to the existing agreement on the free movement of persons. Therefore, this blog will specifically focus on non-EU nationals, as changes in their situation could have significant consequences for their compliance status.

To begin, it is important to differentiate between permit types to alleviate some concerns. Holders of C-permits or permanent residents are not impacted by changes in employment or personal circumstances, as these permits are not linked to a specific employer or spouse. The focus here will be on L and B permits.

Change of employment

Holders of a short-term residence permit (L-permit) are generally subject to several conditions and such permits do not normally allow the foreign national to change the initial purpose of their permit without prior approval from the competent authority.

Holders of a long-term residence permit (B-permit) who have been admitted for the purpose of pursuing gainful employment may be authorized to change jobs without further authorization, but this loosely varies.

If an individual has a B-permit, it does not mean they are, in every case, allowed to change employers. This is because cantonal labor market authorities will often restrict such permits for up to three years or more to the same employer.

Termination of employment

This may also have a direct and immediate impact on one’s status in Switzerland. In the event of a voluntary termination, an individual may need to check with their new employer if they are required to submit a new application with the competent authorities and if they can resign before having secured new employment.

In such situations, it is advisable to check prior to taking any steps in this direction as this could jeopardize one’s ability to remain in Switzerland.

In the event of an involuntary termination, an individual may have the right to remain in country after the expiry of their current permit if no new employment is available for a certain period depending on how many years they have been in Switzerland and what conditions their original permit was subject to. Solutions can also be found if the individual has a spouse who is employed or if they are entitled to unemployment benefits.

Dissolution of the family

The residence permit granted to the spouse under a family reunification status may be extended after dissolution of the marriage only if:

• The marriage has lasted at least three years and integration of the spouse has been successful;
• Continued residence in Switzerland is justified under major personal reasons such as if the spouse is a victim of domestic violence or if the marriage was entered into in violation of the free will of one of the spouses, or if social reintegration in the country of origin is not possible;
• A C-permit can be obtained under the required conditions; and
• The foreign national is employed, and the employer can sponsor a work authorization.

If the none of the above can be shown, a person holding a family reunion permit who is going through a divorce will be asked to leave Switzerland in due course.

Authorities’ practices can vary significantly between Cantons, and they have full discretion in reviewing applications related to changes in the initial purpose of stay granted in Switzerland.

Consequently, any modifications to permit conditions generally require review by an immigration specialist and must be approved by the relevant authorities.

Need to know more? 

For further information on Swiss immigration requirements, please contact Senior Immigration Manager Ana Bessa Santos at [email protected], or any of our colleagues on the Fragomen Swiss Immigration team. 

This blog was published on 13 August 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.