Have you recently been laid off and are now worried about how this might affect your Swiss residence permit? Our immigration law experts answer all your questions below.
As always, the impact varies depending on whether you are a national of the European Union (EU), the European Free Trade Association (EFTA), or a so-called “third-country” state. Moreover, the type of residence permit you hold (L, B, C, etc.) also plays a crucial role.
In Switzerland, foreign residents can lose their residence authorization for various reasons, including job loss. This rule applies to both holders of residence permits, which may come with specific conditions, and to those with settlement permits, subject however to stricter requirements.
Since January 1, 2019, a foreign national with permanent residence (settlement permit) in Switzerland may see their status downgraded to a residence permit if they demonstrate a clear lack of integration. This includes failing to meet the required integration criteria, particularly by not participating in the country’s economic life. Swiss authorities consider that a foreigner should be financially independent and able to support themselves and their family through income, personal wealth, or legally obtained third-party benefits (such as alimony, social insurance, or unemployment benefits). However, reliance on social assistance is a disqualifying factor, as it indicates financial dependency that is incompatible with economic self-sufficiency.
When considering the revocation, non-renewal, or downgrade of a residence permit, the cantonal authorities must always respect the principle of proportionality. This means that any measure taken must serve an overriding public interest while balancing the private interests of the individual concerned.
Although Swiss law does not outline a strict progressive process (such as issuing a warning before downgrading a permit and eventually revoking it), authorities must consider the level of integration of the foreign resident and all relevant personal circumstances before making a decision.
If a residence permit is revoked, this is typically accompanied by an expulsion order, which may include an entry ban into Switzerland.
It is important to note that if a foreign national voluntarily quits their job (e.g., through resignation, leading to voluntary unemployment), their right to reside in Switzerland immediately terminates (Federal Court rulings 2C_669/2015 of March 30, 2016, and 2C_1122/2015 of January 12, 2016), unless they have sufficient financial means to continue living in the country.
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I. Job loss and residence permit for EU/EFTA nationals
A. General overview
According to Article 4 of the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the European Community and its Member States (RS 0.142.112.681), EU nationals are granted the right to reside and access economic activities in Switzerland, subject to the provisions of Article 10 AFMP and in accordance with Annex I of the agreement. This means that nationals of a contracting party have the right to live and work in the territory of the other contracting party (e.g., in Switzerland) under the conditions set out in Chapters II to IV of Annex I AFMP.
Article 2(1), subparagraph 2 of Annex I AFMP states that nationals of contracting parties also have the right to travel to and remain in another contracting party’s territory after the termination of employment lasting less than one year, for the purpose of job searching. They are entitled to a reasonable period of stay, which may be up to six months, to explore job opportunities matching their professional qualifications and take necessary steps to secure employment. During this period, job seekers are entitled to the same assistance from employment offices as local nationals but may be excluded from social assistance during their stay.
Article 6 of Annex I AFMP provides further details on the residence rights of employed EU nationals:
A worker from a contracting party who has been employed for one year or more in the host state is issued a residence permit valid for at least five years from the date of issuance. This permit is automatically renewed for another minimum of five years. However, during the first renewal, its validity may be limited (but not to less than one year) if the worker has been involuntarily unemployed for more than twelve consecutive months.
A worker employed for a period between three months and one year is granted a residence permit valid for the duration of their employment contract.
A worker employed for less than three months does not require a residence permit.
A valid residence permit cannot be withdrawn from a worker solely because they are no longer employed. Specifically, this applies if they are temporarily unable to work due to illness or accident or if they are experiencing duly recognized involuntary unemployment, as confirmed by the relevant employment office.
Since July 1, 2018, the Federal Act on Foreign Nationals and Integration (FNIA – RS 142.20) introduced a new Article 61a, which specifically addresses the residence rights of European workers after losing their job in Switzerland. This provision was introduced to codify Swiss Federal Court jurisprudence (notably ruling 2C_519/2020 of August 21, 2020) and to harmonize cantonal practices, which had previously varied significantly.
Based on the legal framework outlined above, the situation for EU nationals who lose their job in Switzerland can be summarized as follows:
B. Job loss within the first 12 months of residence
When an EU/EFTA national holding a short-term residence permit (L permit) or a residence permit (B permit) loses their job, they are allowed to remain in Switzerland for up to six months to look for new employment, regardless of the initial duration of their employment contract (Article 61a(1) FNIA, Federal Court ruling 2C_853/2019 of January 19, 2021). If the individual has received multiple successive L permits, this six-month period applies to each new authorization.
To qualify for this period of job-seeking, individuals must be duly registered with a regional employment office (ORP). However, from the moment they cease working, they no longer have access to social assistance (Article 61a(3) FNIA).
If the unemployed worker receives unemployment benefits for more than six months, their right to stay for job-seeking purposes is extended until the end of the benefit period (Article 61a(2) FNIA). In this case, they remain excluded from social assistance after losing their job.
Exceptions apply when the termination of employment is due to temporary incapacity resulting from illness, accident, or disability (Article 61a(5) FNIA). In such cases, the right of residence is maintained. The same applies if the individual can claim residence rights under another legal basis. If the worker later recovers and becomes fit for work, Article 61a FNIA applies again, meaning the individual must resume job-seeking (Federal Court ruling 2C_986/2020 of November 5, 2021).
It is important to note that individuals who do not qualify for Swiss unemployment benefits are still entitled to the same job-seeking assistance as Swiss nationals through employment offices (Article 2(1), Annex I, AFMP).
Effects on the L permit
Based on the above, the consequences of job loss for holders of a short-term residence permit (L permit, EU/EFTA) depend on specific circumstances:
If the right to reside ends before the L permit expires, the cantonal authorities will revoke the permit, confirming the end of the residence right according to the time limits set by Article 61a(1) and (2) FNIA.
If the L permit expires during the six-month job-seeking period set by Article 61a(1) FNIA or during an extended period due to unemployment benefits (Article 61a(2) FNIA), a new short-term residence permit (L permit, EU/EFTA) will be issued to allow job-seeking. This permit will remain valid until the end of the six-month period (or, in rare cases, until unemployment benefits are exhausted).
Effects on the B permit
For EU/EFTA nationals holding a residence permit (B permit) who lose their job within the first 12 months of residence in Switzerland, their permit remains valid until the end of the time limits established by Article 61a(1) or (2) FNIA.
If the individual finds new employment during this period, the following rules apply:
If they are hired on a permanent contract or a fixed-term contract of at least one year, their residence permit (B permit) is maintained.
If the new employment contract is for less than one year (364 days or fewer), the cantonal authorities will revoke the residence permit (B permit) and issue a short-term residence permit (L permit, EU/EFTA).
If the individual does not find a new job within the permitted timeframe, the cantonal authorities will revoke the residence permit, thereby terminating their right to stay in Switzerland.
C. Job loss after the first 12 months of residence
If an EU/EFTA national holding a residence permit (B permit) loses their job after 12 months of residence in Switzerland, they retain their right to stay for six months following the termination of their employment contract. If they receive unemployment benefits beyond this period, their residence right is extended for another six months after the expiration of their unemployment benefits, provided they are registered with a regional employment office (ORP) (Article 61a(4) FNIA). The unemployment insurance is responsible for notifying the relevant migration authorities of these circumstances (SECO-ODM Joint Circular of March 24, 2014, on the transmission of data between unemployment insurance authorities and cantonal migration offices).
According to the Swiss Federal Supreme Court (ruling 2C_1026/2018 of February 25, 2021), a worker retains their status as an employee while receiving unemployment benefits but not during the six-month periods specified in Article 61a(1) and (4) FNIA (i.e., when job loss occurs within the first 12 months of residence or after 12 months of residence in Switzerland under Article 9(2), Annex I AFMP).
If the individual finds a new job with an open-ended contract or a fixed-term contract of at least one year, their current residence permit (B permit) remains valid. However, if the new employment contract is for less than one year (364 days or fewer), the current residence permit will be revoked and replaced with a short-term residence permit (L permit, EU/EFTA).
If no new employment is found by the end of the legal time limits, the cantonal authorities will revoke the residence permit, thereby ending the individual’s right to stay in Switzerland.
Renewal of the B permit
When renewing a B permit after the initial five-year period, special rules apply if the individual is still unemployed:
If the permit holder is undergoing their first renewal and has been unemployed for more than 12 consecutive months (Article 6(1), Annex I AFMP), but still retains their worker status, the renewal will be limited to one year.
In all other cases, the duration of the renewed permit will depend on the timeframes set out in Article 61a(4) FNIA.
The above rules do not apply if job loss results from:
Illness, accident, or disability (Article 61a(5) FNIA), provided the individual had worker status at the time of becoming unfit for work (Federal Supreme Court ruling 2C_567/2017 of March 5, 2018), retirement or other residence rights, such as family reunification or special legal provisions (Federal Supreme Court ruling 2C_450/2022 of October 27, 2022). In such cases, the residence permit may be maintained.
In practice, an individual can continue residing in Switzerland if they can prove sufficient financial resources to support themselves without relying on social assistance, provided they meet other conditions such as having adequate housing. All types of proof are accepted, including bank statements, income certificates, and tax declarations. Furthermore, unemployment benefits are considered when calculating the financial resources required to remain in Switzerland without engaging in economic activity (Article 24(3), Annex I AFMP).
Notification of migration authorities by unemployment offices
To enable migration authorities to verify residence rights, unemployment insurance offices must transmit the name, surname, date of birth, nationality, and address of EU/EFTA/UK nationals covered by acquired rights (Article 82c OASA) in the following cases:
- When an individual registers with an employment office during their first year of residence in Switzerland.
- When an individual’s right to unemployment benefits is denied.
- When an individual is declared unfit for job placement.
- When an individual’s unemployment benefits expire.
This notification requirement does not apply to individuals holding a settlement permit (C permit).
II. Job loss and residence permit for third-country nationals
A. General overview
According to Swiss Federal Supreme Court case law (ruling 2A.528/2001 of February 18, 2002), a person who ceases to work or can no longer perform the job for which their residence permit was initially granted must accept that their stay in Switzerland may no longer be authorized, unless specific legal provisions provide an exception (ATF 126 II 377).
In line with this, Article 54 of the Ordinance on Admission, Stay, and Gainful Employment (OASA; RS 142.201) states that if a residence permit (B permit) or a short-term residence permit (L permit) is granted for a specific purpose, a new permit is required if the purpose of stay changes—which includes job loss. Consequently, the foreign national must submit a new permit application to the cantonal authorities, who will reassess their eligibility for admission.
In practice, however, rather than immediately revoking the residence permit, the authorities often wait until the renewal process to decide whether to allow the individual to remain in Switzerland—unless the permit was explicitly granted with conditions (see below). For holders of longer-term B permits, there is no obligation to report job loss to the authorities (except in specific cases, such as refugees).
Whether or not the individual qualifies for unemployment benefits plays a crucial role in determining their right to stay.
B. Holders of an L permit
A short-term residence permit (L permit) is issued for a limited stay of up to one year and is tied to a specific purpose. It may also be subject to additional conditions, and its validity can be extended up to two years.
For L permit holders, changing jobs is only allowed for significant reasons (Articles 32 and 38(1) FNIA). This applies if the employee can no longer reasonably continue their work, provided they can demonstrate that the situation was not caused by their own actions (Article 55 OASA). The authorities ensure that foreign nationals admitted for a specific job do not switch employment too quickly without a valid reason. Additionally, job changes are only permitted within the same industry and profession.
In general, if an L permit holder loses their job, their short-term residence permit will not be extended or renewed because they typically do not qualify for unemployment benefits. To be eligible for unemployment benefits, a person must have contributed to Swiss unemployment insurance for at least 12 months within the past two years before registering as unemployed. Since L permits are typically issued for only one year, most holders do not meet this requirement—except in exceptional cases.
Moreover, a new short-term residence permit (L permit) can only be granted after an appropriate break in residence in Switzerland.
C. Holders of a B permit
A residence permit (B permit) is generally issued first for one year (Article 58 OASA). It can then be extended for two-year periods, provided that the specific circumstances of the case justify it. However, its duration depends on the reason for stay, the validity of identification documents, and, if applicable, employment office decisions (see below regarding conditional permits).
A residence permit extension can be denied if the foreign national meets the conditions for revocation under Article 62 FNIA or if they fail to meet renewal requirements.
In practice, if a B permit holder faces a job loss, their residence permit may be extended as long as they:
- Qualify for unemployment benefits, or
- Participate in an employment program.
If they find a new job, the general employment regulations apply.
In Switzerland, except for special cases (e.g., individuals nearing retirement), unemployment benefits are available for a maximum of two years. The exact duration of benefits depends on contributions to unemployment insurance within the two years before registering as unemployed:
- If an individual contributed at least 18 months, they receive 18 months of unemployment benefits.
- If they contributed at least 12 months, they receive 12 months of unemployment benefits.
Regarding residence permits, changing jobs does not generally require authorization (Article 38(2) FNIA). However, if the B permit was issued for a specific job and is explicitly subject to a labor market condition, a job change request must be submitted to the competent cantonal authority.
Additionally, transitioning from employment to self-employment requires authorization (Article 38(3) FNIA). Such a request may be granted if:
- The self-employment activity benefits Switzerland’s economic interests.
- The applicant meets financial and business operation requirements (Article 19(a) and (b) FNIA).
D. Job loss and social assistance
Under Article 62(1)(e) FNIA, the competent authority may revoke a short-term residence permit (L permit) or a residence permit (B permit) if the foreign national, or a person under their care, becomes dependent on social assistance.
When assessing the risk of dependency on social assistance under this article, authorities evaluate the current financial situation of the individual while also considering their long-term prospects. A permit revocation or non-renewal may be justified if the person has received significant social assistance benefits and there is no realistic prospect that they will become financially self-sufficient in the future. The key element is a predictive financial assessment, taking into account the potential income of all family members (Federal Supreme Court rulings 2C_965/2021 of April 5, 2022, and 2C_311/2021 of October 7, 2021).
According to Federal Supreme Court case law, a residence permit can only be revoked due to social assistance dependency if the dependency is still ongoing at the time of the decision. It is not sufficient for a person to have been dependent in the past, even if that period lasted for some time. For instance, if a person now receives an AHV pension and supplementary benefits due to early retirement, their residence permit cannot be revoked (Federal Supreme Court ruling 2C_642/2022 of February 7, 2023).
Unlike the revocation of a settlement permit (C permit) under Article 63(1)(c) FNIA, which requires long-term and significant dependency on social assistance, Article 62(1)(e) FNIA does not impose this condition (Federal Supreme Court ruling 2C_965/2021 of April 5, 2022). Therefore, the non-renewal of a B permit is subject to less stringent requirements than the revocation of a C permit.
If dependency on social assistance is established as a valid reason for revocation, a second assessment is required to determine whether ending the person’s residence in Switzerland is proportionate (Federal Supreme Court rulings 2C_870/2018 of May 13, 2019, and 2C_370/2021 of December 28, 2021).
Criteria for assessing proportionality
According to Federal Supreme Court jurisprudence, the following criteria must be considered when assessing whether a permit revocation due to social assistance dependency is proportionate (Federal Supreme Court ruling 2C_264/2021 of August 19, 2021):
- The degree of responsibility of the individual for their reliance on social assistance.
- The level of integration and length of stay in Switzerland.
- The negative consequences of deportation for the individual and their family.
- The nature of social, cultural, and family ties in both Switzerland and the country of origin.
The misuse of social assistance is considered reprehensible when a person has not sufficiently utilized their work potential or financial management opportunities to gain financial independence over several years (Federal Supreme Court ruling 2C_570/2021 of October 13, 2021).
Dependency on social assistance may not be considered a fault if the individual has made efforts to exit dependency, such as actively searching for suitable employment based on their health condition or seeking support from social insurance programs (Federal Supreme Court ruling 2C_653/2019 of November 12, 2019).
Additionally, it is considered reasonable to expect a mother to work (at least part-time) once her youngest child turns three, whether she is a single mother (Federal Supreme Court rulings 2C_870/2018 of May 13, 2019, and 2C_775/2017 of March 28, 2018) or part of a traditional family (Federal Supreme Court rulings 2C_730/2018 of March 20, 2019, and 2C_311/2021 of October 7, 2021).
Mandatory reporting by social assistance authorities
Social assistance authorities are required to report any recourse to social assistance by foreign nationals to the competent cantonal migration authorities, specifying the duration and amount of benefits received (Article 82b OASA).
E. Job loss and conditional L or B permits
Under Article 62(1)(d) FNIA, the competent authority may revoke a residence permit (B permit or L permit) or any other decision based on the Federal Act on Foreign Nationals and Integration (FNIA) if the foreign national fails to comply with the conditions attached to their permit.
Legal doctrine interprets the term “conditions” in a broad sense, encompassing not only explicit requirements but also the purpose for which the permit was granted. These purposes may include, among others:
- Employment,
- Education,
- Marital life, or
- Medical treatment.
If the reason for the permit is no longer valid, whether or not the foreign national is responsible for the change, revocation is generally possible (Luc Gonin, in Minh Son Nguyen, Cesla Amarelle [eds.], Annotated Code of Migration Law, Vol. II, FNIA, p. 593).
According to jurisprudence, if a foreign national’s residence permit (B or L permit) is explicitly linked to their employment, as indicated by the mention “change of employer subject to authorization” on their residence document, the right to reside in Switzerland ends as soon as the employment is terminated (ATAS/32/2021 of January 21, 2021).
In practical terms, this means that the foreign national faces immediate revocation of their L or B permit as soon as their employment contract ends—potentially at the end of their notice period, without waiting for the permit’s natural expiration. Additionally, they are required to inform immigration authorities within 14 days of ceasing their employment (e.g., using Form R in Geneva).
As noted earlier, residence permits may be extended as long as the foreign national qualifies for Swiss unemployment benefits.
However, Article 8(1) of the Federal Act on Unemployment Insurance (LACI; RS 837.0) establishes specific conditions for unemployment benefits. To qualify, the insured individual must:
- Be unemployed or partially unemployed (lit. a),
- Have suffered a loss of employment (lit. b),
- Be domiciled in Switzerland (lit. c),
- Have completed compulsory education, be below retirement age, and not receive an AHV pension (lit. d),
- Have met the contribution period requirements or qualify for an exemption (lit. e),
- Be fit for job placement (lit. f), and
- Comply with control requirements.
Under Article 13(1) of the Federal Act on the General Part of Social Insurance Law (LPGA; RS 830.1), an individual’s domicile is determined according to Articles 23 to 26 of the Swiss Civil Code (RS 210; CC). Article 12 LACI specifies that, as an exception to Article 13 LPGA, foreign nationals without a settlement permit (C permit) are considered domiciled in Switzerland as long as they reside in the country and hold a residence permit allowing gainful employment.
From Article 12 LACI, it follows that only residence permits granting the right to work allow an unemployed person to be considered domiciled in Switzerland and thus eligible for unemployment benefits, provided all other criteria are met (DTA 2002, p. 46; Federal Supreme Court ruling 8C_479/2011 of February 10, 2012; Boris Rubin, Commentary on the Unemployment Insurance Act, 2014, p. 118, no. 3).
Under Article 15(1) LACI, a person is considered fit for placement if they are willing and able to accept suitable work and participate in reintegration programs. The residence condition (Article 12 LACI) and authorization to work (Article 15(1) LACI) are closely linked (DTA 1996/1997, p. 183) and must be continuously met throughout the entire benefit period. Since the right to reside and the right to work are integrated into the same administrative document, a failure to meet either condition results in the denial of unemployment benefits (Federal Supreme Court ruling 8C_128/2010 of August 26, 2010).
A vicious cycle: Losing both residence and unemployment benefits
This legal framework creates a vicious cycle:
A foreign national with a conditional B or L permit loses their job. Their residence permit is revoked, making them ineligible for unemployment benefits under Articles 12 and 15(1) LACI. Without unemployment benefits, they cannot renew or extend their residence permit, as they are not eligible for unemployment benefits.
Possible exceptions: Breaking the cycle
Swiss jurisprudence provides a possible exception to this cycle in cases where:
A foreign national’s work authorization expires, but they timely apply for a renewal and their request is not destined for rejection from the outset (ATF 126 V 376; Boris Rubin, op. cit., p. 170, no. 74).
To assess their situation, authorities must conduct a prospective analysis based on all available facts at the time of the decision on appeal (ATF 143 V 168; ATF 120 V 385). The key question is whether the foreign national could reasonably expect to obtain a new work authorization if they were to find suitable employment (Federal Supreme Court ruling 8C_654/2019 of April 14, 2020).
In such cases, administrative authorities or courts may preliminarily assess whether the individual would be entitled to a work permit under applicable regulations. If there is insufficient evidence, they must inquire with immigration and labor market authorities under Article 40 FNIA to determine whether the foreign national has a reasonable expectation of receiving a new work permit (ATF 120 V 385; Boris Rubin, op. cit., p. 169, no. 72). If this analysis is favorable, then the residence condition under Article 12 LACI is met (Thomas Nussbaumer, Arbeitslosenversicherung, in Schweizerisches Bundesverwaltungsrecht, vol XIV, Social security, 3rd ed. 2016, p. 2321, n. 186). This would allow the foreign national to maintain their residence permit during the unemployment period.
Conclusion: A nearly impossible situation for conditional permits
For conditional B or L permits, job loss always requires submitting a new residence permit application. However, the requirements for obtaining a new permit are highly restrictive, and in most cases, the prospective analysis will be negative. As a result, the likelihood of qualifying for unemployment benefits is nearly zero, making it almost impossible to maintain a conditional B or L permit after job loss.
To make matters worse, a foreign national who loses their residence permit, is ineligible for unemployment benefits, but has paid into the unemployment insurance system, cannot claim a refund of their contributions. Under Article 2(1)(a) LACI, all employees required to pay contributions under the Federal Act on Old-Age and Survivors’ Insurance (LAVS; RS 831.10) must also pay contributions on income from salaried employment.
However, LACI does not provide any refund of contributions if the employee never receives unemployment benefits (ATAS/323/2015).
III. Job loss and settlement permit (C permit)
As a preliminary note, there is no regulatory difference regarding C permits between EU/EFTA nationals and third-country nationals.
Losing a job does not lead to the revocation of a settlement permit (C permit). Under Article 63 FNIA, a C permit can only be revoked in specific cases explicitly listed in the law.
According to Article 63(1)(c) FNIA, a settlement permit may be revoked if the holder or a dependent family member has been permanently and significantly dependent on social assistance. The public interest in revoking a settlement permit due to social assistance dependency is to prevent the individual from continuing to be a financial burden on the public system.
Criteria for revocation due to social assistance dependency
The Swiss Federal Supreme Court has established that when assessing whether a person is “significantly” dependent on social assistance, authorities must consider the total amount of benefits received (Federal Supreme Court ruling 2C_306/2022 of July 13, 2022). The Court has recognized significant dependency in cases where couples accumulated CHF 115,160.10 in social debt over four years (Federal Supreme Court ruling 2C_844/2021 of May 11, 2022), CHF 80,000 in five and a half years (ATF 119 Ib 1), or CHF 50,000 within two years (Federal Supreme Court ruling 2C_672/2008 of April 9, 2009).
However, supplementary benefits (which are not considered social assistance) do not constitute grounds for the revocation of a settlement permit under Article 63(1)(c) FNIA (Federal Supreme Court ruling 2C_60/2022 of December 27, 2022).
When determining whether a person is “permanently” dependent on social assistance, a long-term financial evaluation is necessary. Authorities must assess the individual’s current financial situation and its likely future evolution; Whether, based on their financial status and potential family support, they are at risk of continued reliance on social assistance (Federal Supreme Court ruling 2C_306/2022 of July 13, 2022).
A settlement permit can only be revoked if there is a concrete risk of long-term and significant dependency on social assistance. Temporary financial difficulties are not sufficient grounds for revocation (Federal Supreme Court rulings 2C_60/2022 of December 27, 2022, and 2C_458/2019 of September 27, 2019).
In summary, a durable and significant dependency exists when a foreign national has received high financial assistance for themselves or their dependents and has no realistic prospect of becoming financially independent in the future (ATF 122 II 1).
In principle, dependency must last at least two to three years before authorities have enough perspective to assess whether state assistance is permanently required (Federal Supreme Court ruling 2C_268/2011 of July 22, 2011).
Proportionality and potential downgrade from a C permit to a B permit
The question of whether a person’s reliance on social assistance is their own fault is not a determining factor in deciding whether revocation grounds exist. Instead, it is considered as part of the proportionality assessment under Article 96 FNIA (Federal Supreme Court rulings 2C_306/2022 of July 13, 2022, and 2C_592/2020 of April 28, 2022).
If revocation conditions are met but revocation seems disproportionate, authorities may consider downgrading the foreign national’s permit from a settlement permit (C permit) to a residence permit (B permit) instead of full revocation (Article 63(2) FNIA).
This downgrade typically applies when the individual fails to meet integration requirements under Article 58a(1) FNIA, such as by losing employment and failing to participate in economic life. The aim of this measure is to encourage better integration, making it a preventive tool. However, downgrading only makes sense if it provides an opportunity for improvement.
The proportionality of a permit non-renewal (for B permits) or revocation (for C permits) is evaluated based on all case-specific circumstances, including:
- The seriousness of any fault committed by the foreign national,
- Their degree of integration,
- The length of their stay in Switzerland, and
- The harm caused to them and their family by the decision (ATF 139 I 145; ATF 135 II 377).
Thus, before making a decision, authorities must determine whether social assistance dependency is attributable to the individual (Federal Supreme Court ruling 2C_458/2019 of September 27, 2019).
For example, a foreign national passively relying on social assistance for a long period without demonstrating effort or motivation to find work may have their settlement permit revoked (Federal Supreme Court ruling 2C_458/2019 of September 27, 2019).
The longer a foreign national has lived in Switzerland, the stricter the conditions must be for revoking their C permit or terminating their right to stay (Federal Supreme Court ruling 2C_805/2021 of May 31, 2022).
If a C permit holder is deported, their minor children must generally follow the parent with custody to their home country (ATF 143 I 21). For school-aged children, relocation to the home country with their foreign parent is generally considered reasonable if they are familiar with the country’s culture through language skills, occasional visits, and cultural transmission within the family (Federal Supreme Court ruling 2C_538/2021 of June 24, 2022).
We remain at your full disposal for any questions. CROCE & Associés SA is a Geneva-based law firm specializing in immigration, taxation, and social security for over 15 years. Our team operates seamlessly in French, English, German, and Italian across all Swiss cantons.
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