Glossary · Swiss and international law
Protection after dissolution of marriage (LEI art. 50)
Retention of the foreign spouse's residence right after divorce or death, subject to either a lasting conjugal union or major personal reasons.
Reference : LEI art. 50
Article 50 LEI secures the foreign spouse :
- al. 1 let. a : conjugal union of at least 3 years and successful integration;
- al. 1 let. b : major personal reasons : domestic violence, severely compromised return to the country of origin, best interests of a child schooled in Switzerland.
It is a sensitive point in binational divorces : the loss of the permit is never automatic. The file must be built in parallel with the divorce, with medical, school and social evidence as required.