Immigration Law is a vast legal field that governs the entry and stay of foreigners in Switzerland. On our legal consultation website, we address various legal issues that a lawyer or legal expert specializing in immigration law frequently encounters. We have listed the most common questions asked of such a specialist on this page. For detailed information on these topics, we invite you to follow the links provided on this page.

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Here are the questions most frequently faced by a legal expert specializing in immigration law:

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• Entry Visa for Switzerland: Obtaining a residence permit is often preceded by an entry visa application. This procedure is mandatory (with some exceptions) if the applicant is abroad at the time of application. The entry visa application must be submitted to the Swiss embassy with territorial jurisdiction.

• Residence Permit in Switzerland: Regardless of the reason for your stay in Switzerland (studies, work, family reunification, tolerance pending marriage, medical treatment, etc.), you must hold a residence permit authorizing you to stay in Switzerland.

• Family Reunification in Switzerland: A foreign national holding a residence permit in Switzerland may, under certain conditions, invite family members to live with them. Only the closest family members can benefit from family reunification, with a few exceptions.

• Immigration to Switzerland: A foreign national can only be considered established in Switzerland after their B residence permit is converted into a C establishment permit.

• Application for Early or Regular Establishment Permit (Permit C): After 10 years of residence in Switzerland, or in some cases after 5 years with particularly strong integration, a foreign national can apply to convert their residence permit into an establishment permit, granting them the right to settle in Switzerland.

• Swiss Naturalization: Foreign nationals holding a C establishment permit and residing in Switzerland for more than 10 years can apply for Swiss citizenship. Years spent in Switzerland between the ages of 8 and 18 are counted double.

In some cases, the expertise of a specialist in immigration law may not be sufficient to handle a complex case. In such situations, it may be necessary to consult a lawyer specializing in immigration law as well as other relevant areas of law essential for completing the procedures to obtain a residence permit in Switzerland, including:

• Residence Permit for Self-Employment or Company Management: In addition to ordinary conditions for obtaining a residence permit, the applicant must demonstrate that they have the necessary qualifications to manage their company and that their activity falls within one of the sectors encouraged by local authorities.

• Tax Package with Authorities: Wealthy foreigners who do not intend to work in Switzerland can obtain a residence permit if they agree to pay taxes on an amount negotiated in advance with the tax authorities.

• Residence Permit for Retirees: Foreign nationals over the age of 55 with significant ties to Switzerland may apply for a residence permit, provided they have sufficient financial means to support themselves for the rest of their lives.

• Request for Exceptional Circumstances: Allows a foreign national who does not meet the requirements of other procedures to apply for a residence permit in Switzerland if their deportation is disproportionate to their degree of integration.

• Procedures for opposition (before the Population Service in the canton of Vaud) and appeals before cantonal (Cantonal Court) or federal (Federal Administrative Court and Federal Court) authorities require a thorough understanding of cantonal and federal administrative procedures.

The field of immigration law is particularly complex in Switzerland. The regulations applicable to an individual differ not only based on their nationality (European Union, third countries with or without applicable international agreements on residence matters) but also based on the status initially granted to the individual upon arrival in Switzerland. This includes asylum seekers and those holding diplomatic legitimacy cards, for whom the Swiss legislator has established specific regulations.

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Our legal consultation team is available for further information on the topics covered in this article. We also recommend contacting Ms. Atiyeh ZIAEDDINI, a legal expert specializing in immigration law, for questions within her area of specialization.

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The law firm specializing in immigration law, LA VOIE LÉGALE, is also available in Lausanne (by appointment) and Montreux to assist with cases requiring cross-disciplinary expertise or to represent you in various legal proceedings related to immigration legislation.