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English-Speaking-Lawyers.ch will be able to assist you in appealing against any decisions taken by the Office for Migration and Integration.
If a foreign national is refused a residence permit, he or she can, under certain prerequisites, lodge an appeal with the Federal Supreme Court against the final cantonal administrative decision. The prerequisite is, of course, the fulfillment of the general requirements for an appeal, such as adherence to the appeal procedure, and so forth. However, a complaint to the administrative court would only be permissible if there is a legitimate right to a residence permit. Under the Federal Supreme Court’s case law, however – contrary to the wording of the law – in exceptional cases the requirement of a right to a residence permit can be waived.
for third-country nationals (nationals from outside the EU/EFTA countries)
The most important points in short
Foreign nationals entering Switzerland for the first time are initially only issued a residence permit. The residence permit is issued for one year and can be extended for one to two years upon application. The residence permit is always limited in time and may be subject to conditions. The obligations assumed and declarations made by the foreign national during the permit procedure, in particular regarding the purpose of the stay, are deemed to be conditions.
Spouses of Swiss nationals and permanent residents may exercise an employed or self-employed activity throughout Switzerland without further authorization.
The spouse of a resident may work as an employee anywhere in Switzerland without any further authorization. Taking up self-employment requires a permit.
Persons with a residence permit who have entered Switzerland for the purpose of gainful employment can generally change jobs without a permit and work anywhere in Switzerland.
Persons who have entered Switzerland as persons not in gainful employment require a permit to take up employment.
Students can apply for permission to take up employment for a maximum of 15 hours per week at the earliest 6 months after entering the country.
Recognized refugees: The employer must notify the competent cantonal authorities at the place of work in advance of the commencement and termination of employment and of any change of job.
Family reunification is possible under certain conditions.
The residence permit is only valid for the canton that issued it. If a foreign national moves to another canton, the corresponding permit must first be obtained from the new canton. Together with a valid passport from the home country, the residence permit is also valid as a Schengen visa: holders are entitled to stay in a Schengen country for a maximum of 90 days within a 180-day period.
The residence permit expires after a stay abroad of more than six months. Short visits to Switzerland do not interrupt this period.
