In a globalized world, it is increasingly common for people to stay in other countries for varying lengths of time. This article provides a brief overview of the legal provisions applicable when a foreign national with a residence permit (Permit B) or a settlement permit (Permit C) temporarily leaves Switzerland to live abroad:
1) Foreign National with a Residence Permit (Permit B)
The right to reside assumes the foreign national's personal presence in Switzerland. According to Article 61 of the LEI (Foreign Nationals and Integration Act), a residence permit (Permit B) ends:
When the foreign national declares their departure from Switzerland (Article 61(1)(a) LEI).
When the foreign national stays abroad for more than 6 months without declaring their departure from Switzerland (automatic expiration) (Article 61(2) LEI).
If the foreign national returns after the expiration of their residence permit, they are considered a new arrival. However, the LEI provides a special regime to facilitate the re-admission of foreigners who previously held a residence permit (Article 30(1)(f) LEI). Articles 49-51 of the OASA (Ordinance on Admission, Stay, and Employment) specify the conditions for re-admission based on the reason for the stay abroad:
Private Reasons (Article 49 OASA): A foreign national who left Switzerland for private reasons and who previously held a residence permit can obtain a new permit if their previous stay in Switzerland lasted at least 5 years and was not merely temporary (Article 34(5) LEI), and if their absence did not exceed 2 years.
Professional Reasons (Article 50 OASA): A foreign national who has stayed abroad for up to 4 years for employment or professional development can obtain a new residence permit if the competent cantonal authority assured them, before departure, that they could return to Switzerland; if there is a job offer; if the conditions of remuneration and work are met; and if the applicant's housing is appropriate.
Military Obligations (Article 51 OASA): A foreign national who interrupted their professional activity to fulfill mandatory military service abroad can obtain a residence or short-term permit if they left no more than two months before the start of service; if they return no later than three months after the end of service; if there is a job offer; if their conditions of remuneration and work are met; and if their housing is appropriate.
2) Foreign National with a Settlement Permit (Permit C)
Like residence permits (Permit B), settlement permits end when the foreign national declares their departure from Switzerland (Article 61(1)(a) LEI) and when, without declaring their departure, the foreign national stays outside Switzerland for more than 6 months (automatic expiration) (Article 61(2) LEI).
A key difference with settlement permits (Permit C) is that the foreign national can apply to have their settlement permit maintained for up to four years (Article 61(2) LEI, final provision). The request to maintain the settlement permit must be made by the foreign national themselves within 6 months of their departure from Switzerland. The request, properly motivated, should be addressed to the competent cantonal authority, which decides at its discretion. The settlement permit can only be maintained if the applicant genuinely intends to return to Switzerland within a maximum of four years.
If the foreign national returns to Switzerland after the 6-month period or after the extended period granted by the cantonal authority, the settlement permit will end. The foreign national will then be considered a new arrival and will be subject to the admission conditions provided by the OASA, as detailed above.
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