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WORK PERMITS

Reader question: How long will it take to renew my Swiss permit?

The answer to this question, which is, naturally, of concern to foreign nationals living in Switzerland, depends on several factors.

A person works at a desk.
A person works at a desk. Photo by Unseen Studio on Unsplash

The first thing to consider is what kind of work/residency permit you have, as different rules apply.

Let’s look at the long-term B permits and permanent residency C permits that most foreign nationals living in Switzerland are likely to have.

Typically in both of these cases, you will receive a letter from local authorities approximately six weeks before the deadline reminding you to renew.

There will also be an application form that you will need to fill out, which must be submitted to your commune of residence no earlier than three months and no later than two weeks prior to the expiration date.

READ ALSO: When and how should you renew your Swiss residence permit?

Some cantons also impose additional rules for certain categories of foreigners. 

In Geneva, for instance, non-EU/EFTA spouses of B or C permit holders must include a French language certificate if it had not yet been done previously.

Further, for nationals of a non-EU/EFTA state who depend on social assistance for an amount equal to or greater than 50,000 francs for a single person or 80,000 francs for a household of several people, a letter indicating the reasons for the dependence on government aid and the steps taken to get out of it must be submitted.

In Vaud, “your situation and your degree of integration are examined, in particular your financial autonomy”.

Your canton may have other special rules in place as well, so it’s good to find them out beforehand, allowing you to submit all the necessary paperwork with your renewal application.

How long does the renewal process take?

The extension of your current permit may depend on various factors set by your canton which, in turn, may determine how long the renewal process will take.

In straightforward cases, you will receive the renewal within two to four weeks. However, this timeline is not set in stone.

It may happen that the new permit is not immediately issued, because the volumes of applications to be processed are very large, especially in cantons with a sizeable foreign population like Geneva, Zurich, Basel, and Vaud.

And the stricter the regulations (as mentioned above), the longer the process is likely to take.

Can authorities refuse to extend your permit?

Yes, that can happen under certain circumstances.

For instance, short-term L or B permits that are tied to a particular job, which ends within the specified time period (usually up to a year), will expire when the contract is over.

As non-EU / EFTA nationals are subject to a quota system, their work permits are not automatically renewed either.

Other reasons include lack of integration or dependence on welfare, as mentioned above. Also, if you’ve committed serious crimes or other infractions, you can kiss your permit goodbye.

And if you forgot to apply for renewal in the first place, then you forfeit your right to the permit.

The authorities could take special circumstances, such as serious illness, a debilitating accident, or another extreme situation into consideration and make an exception, but you shouldn’t count on that.

READ ALSO: Can Swiss authorities refuse to renew work permits — and for what reasons?

What if you applied on time and provided all the required documentation, but your permit expired before a new one was issued?

The good news is that, if you are a holder of either a long-term B or settlement C permit, your rights are protected while you wait for the renewal.

You can continue to work and live in Switzerland as before.

Under the Foreign Nationals and Integration Act, “when the person concerned has submitted an application to extend a permit, he or she is authorised to stay in Switzerland during the procedure, provided that no other decision has been taken”.

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For members

TRAVEL NEWS

Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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