Loss or downgrading of settlement permit C due to debt enforcement

• Immigration and Citizenship Law in Switzerland
• Appeal Revocation of settlement permit C
• C permanent residence permit
• Early issuance of settlement permit C
• Leaving Switzerland Loss of C permit
• Loss of C permit due to debt
• The B residence permit and appeals
• Permit L Issued Instead of B !
• Conversion of F or L to B permit
• Family reunification rejection appeal
• Name Change: appeal a rejection
• Brexit & British nationals in Switzerland
• Moving to Switzerland from US, UK, Canada etc.
• Retiring and emigrating to Switzerland
• Swiss residency by investment
• Naturalization in Switzerland
  • Simplified naturalization in Switzerland
  • Swiss citizenship by marriage
  • Appeal against revocation of citizenship
  • Appeal against denial of Swiss citizenship
  • Re-naturalization after lost of Swiss citizenship.
  • Citizenship by Descent Naturalization
• Loss of permit after divorce or death

Refusal to issue permanent residence permit C due to debt enforcement
In Switzerland, even minor violations of the existing order (e.g. debt collection, unemployment, welfare dependency) could prevent the granting of a settlement permit. The competent authorities require a current debt enforcement register extract from the debt enforcement register for all previous places of residence for the last five years, not older than one month (for family members of all persons of legal age)

If you have outstanding debt enforcement proceedings, certificates of loss or tax debts.
Open debt enforcement proceedings, certificates of loss and tax debts from the last 5 years are an obstacle to obtaining a permanent residence permit C and also to naturalization. Please pay your debts first before submitting an application. However, once you have paid your debts, you can submit an application for a permanent residence permit C or for naturalization.

Loss or downgrading of settlement permit C due to debt enforcement
The new Foreign Nationals and Integration Act has been in force since January 1, 2019. This has far-reaching consequences for foreign nationals with a settlement permit (C permit). The C permit gives foreign nationals almost the same rights as Swiss citizens. Until now, the C permit promised security. It could only be revoked in the event of a serious breach of public safety and order or permanent receipt of social welfare. A prison sentence of at least one year was therefore required. The new law has given the migration authorities more scope for action: The migration authorities now have the instrument of downgrading.

In accordance with Article 63 Para. 2 AIG, the C permit can be replaced by a residence permit (B permit) if the integration criteria are not met. The downgrading is linked to conditions to which the continued stay in Switzerland is tied.

In the case of willful non-fulfilment of obligations under public or private law, expulsion from Switzerland may be considered. In short, any deliberate accumulation of debts and loss certificates should be avoided, as the consequences can otherwise have a very negative impact on a foreigner’s residence permit.  A downgrading is also possible in the event of serious integration deficits. Various conditions can be attached to the downgrading (reduction of debts, no further accumulation of debts, seeking debt counseling, submitting an agreement on repayment with creditors, etc.).

If the set conditions are not met, the residence permit will be revoked should this prove to be proportionate.

The efforts made to restructure debt are of decisive importance. A positive aspect is, for example, if pre-existing debts have been reduced. On the other hand, revocation is permissible if further debts have been accumulated in a reproachable manner.

The lawyers here combine sound specialist knowledge and many years of experience and are at your side in difficult times. This enables them to offer you competent and comprehensive support for your mandate and your individual concerns. They look for the best solutions for you, accompany you on your individual path and work tirelessly on your behalf.

 

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