Residence permits and Swiss immigration law (LEI)

Residence permits B, C, L, G — family reunification, retention of permit after divorce (art. 50 LEI), opposition and appeals before the OCPM and TAPI. Maître Andrea von Flüe, Geneva.

Swiss immigration law — the Federal Act on Foreign Nationals and Integration (LEI, RS 142.20) — interacts heavily with family law. The firm handles permit applications, family reunification, retention of permits after divorce, oppositions to OCPM decisions and appeals before the TAPI and the Cour de justice.

Permit categories

  • L permit — short-stay (up to 12 months), typically tied to a specific employer or purpose.
  • B permit — initial residence permit, renewable annually, allowing settlement in Switzerland.
  • C permit — permanent residence (after 5 years for EU/EFTA nationals with bilateral agreements, 10 years for others; 5 years for certain nationalities with reciprocity agreements).
  • G permit — frontalier permit for residents of EU/EFTA states working in Switzerland.
  • F permit — temporary admission (humanitarian).

Conversion between categories follows strict rules and timing windows.

Family reunification

The right to family reunification depends on the sponsor’s permit:

  • C permit holder (LEI art. 43) — right to bring spouse and unmarried children under 18.
  • B permit holder (LEI art. 44) — same right, conditional on appropriate housing, sufficient financial means (no social assistance) and ability to integrate.
  • L permit holder (LEI art. 45) — restricted, exceptional access subject to a number of conditions.

Time limit (art. 47 LEI) : 5 years from the granting of the permit or the creation of the family link. 1 year for children above the age of 12. Past these deadlines, family reunification is only granted on grounds of major family reasons (relocation of the family due to a parent’s death, etc.).

See our procedure : Family reunification — permit B holder.

Article 50 LEI — retention of permit after divorce

A pillar of immigration-family law : when the marriage that gave rise to the permit dissolves, art. 50 LEI allows the foreign spouse to retain the permit under specific conditions:

  • Para. 1 let. a : union lasted at least 3 years and successful integration (linguistic, professional, social).
  • Para. 1 let. b : major personal reasons — typically domestic violence, important integration of children in Switzerland, impossibility of return to the country of origin.

The 3-year condition is calculated from the date of effective cohabitation to the moment cohabitation ceased. The proof of integration is built file by file : language certificates, payslips, social network references, tax compliance.

See the glossary entry : Article 50 LEI protection.

OCPM decisions and appeals

The Office cantonal de la population et des migrations (OCPM) is the entry point for any permit decision in Geneva. The standard appeal chain :

  1. Opposition to OCPM — 30 days from notification (administrative procedure).
  2. Appeal to the TAPI (Tribunal administratif de première instance) — 30 days from the OCPM decision on opposition.
  3. Appeal to the Cour de justice — Chambre administrative — 30 days from the TAPI decision.
  4. Appeal to the Federal Tribunal — 30 days from the Cour de justice decision (subject to admissibility conditions).

Time limits are short and strictly enforced. A missed deadline closes the file.

Bilateral Agreement on Free Movement (ALCP)

For nationals of EU/EFTA states, the bilateral agreement on the free movement of persons (entered into force 1 June 2002, RS 0.142.112.681) creates an autonomous regime:

  • right to enter, reside and work in Switzerland;
  • family reunification simplified;
  • access to social security coordination;
  • right to permanent residence after 5 years.

A B permit issued under the ALCP has a different legal basis from a B permit issued under the LEI, and the rules on revocation, renewal and family reunification differ.

Frequent files

  • B permit renewal refused for “absence of financial autonomy” — opposition to OCPM.
  • Family reunification refused for late filing — argument on major personal reasons (art. 47 al. 4 LEI).
  • C permit refused for incomplete integration — appeal with new evidence.
  • Permit revocation after a criminal conviction — proportionality analysis (art. 96 LEI).
  • Retention of permit after divorce — art. 50 LEI dossier.

First consultation CHF 50.

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