Staying in Switzerland after withdrawal of the legitimation card issued by the Federal Department of Foreign Affairs (FDFA)

The present notice does not deal with the situation of nationals of a member States of the European Union (EU) or of member States of the European Free Trade Association (EFTA), to whom the provisions of the Agreement on the free mobility of persons between Switzerland and the EU apply.

According to current practice, the cantonal foreign police agrees to grant or, if appropriate, favourably to propose to the Federal Office of Migration (FOM) the granting of residence permits (B permit) or work permits (C permit) to former holders of FDFA authorisation cards who are in the following situations:

1. Main holder

Retirement of the international official

Retirement at the statutory age: an international official who retires at the age fixed by the statutes of the international organisation concerned may receive a B permit as a person of private means or a foreigner not engaging in remunerated activity. With the approval of the FOM, he may immediately obtain a C permit if he has lived in Switzerland and worked for this organisation in the five years preceding the age of retirement, if he has given no cause for complaint and if he has sufficient funds to support himself.

When the period of residence is less than five years, the cantonal foreigners office may allow him to reside in Switzerland as a person of private means. The approval of the FOM is always required. He may obtain a C permit when he has resided uninterruptedly for five years from the date of obtaining the FDFA legitimation card. However, this permit is not granted in the case of persons who were previously resident in border areas outside Switzerland.

Retirement following return from a mission abroad: a C permit may also be granted when an official returns from a mission on behalf of an international organisation if the transfer took place in the five years preceding the age of retirement and if the official lived and worked for this international organisation in Switzerland in the ten years preceding the transfer abroad. In the case of persons who worked in Switzerland at several different periods (totalling more than ten years), the FOM will examine each case on its merits and determine to what extent these stays can be counted towards the granting of residence.

Early retirement: international officials who take early retirement, for whatever reason, may obtain a B permit. With the approval of the FOM, a C permit may be issued immediately, if the officials are aged 55 and have resided and worked in Switzerland for this international organisation for the previous ten years. Persons aged under 55 may be granted a B permit without the right to engage in remunerted activity if important circumstances justify it. In such cases, they will obtain the C permit five or ten years after receiving the B permit, depending on their nationality.

Retirement of the member of a permanent mission

Members of a permanent mission who have reached retirement age may be permitted to reside in Switzerland as persons of private means if they are aged at least 55, have strong personal links to this country (in particular long stays in Switzerland during holidays, education or remunerated activity, or strong ties to close relations in Switzerland), no longer engage in remunerated activity in Switzerland or abroad and are in possession of sufficient funds.

2. Spouse

As a rule, the spouse must leave Switzerland at the same time as the main holder of the authorisation. However, the competent authority may, in particular cases, permit the spouse to remain after the departure of the main holder of authorisation in order to enable him to prepare his departure or to terminate his remunerated activity within a reasonable period. A spouse who wishes to remain in Switzerland as an individual will be subject in all respects to the law of the land regardless of whether or not they are engaged in remunerated activity.

Retirement of the main holder of authorisation: if the main holder is authorised to remain in Switzerland as a pensioner, the spouse living with him/her has the right to live with him/her. Once the main holder of authorisation receives a C permit, his/her spouse will receive the same authorisation after a regular and uninterrupted stay of five years in the same household as the spouse.

Death, divorce and definitive transfer of the main holder: the competent authority may authorise the spouse, depending on the case, to remain in Switzerland following divorce, death of the main holder or transfer abroad of the main holder. The authority will take into account the degree of integration, the spouse's professional situation and the length of residence in Switzerland. The approval of the FOM is required.

Temporary transfer of the main holder: when the main holder is transferred abroad temporarily, the competent authority may permit the spouse to remain in the country if this is justified by particular circumstances. The spouse will then receive a temporary residence permit (permit B). In such cases, the international organisation will provide the competent authority with assurances that the official concerned will take up his post again in Switzerland at the end of his mission and will also indicate the probable length of the absence abroad. This authorisation is subject to approval by the FOM.

3. Children

Independent authorisation from age 21: children permitted to reside in Switzerland before the age of 21 to live together with their family may request a B permit at the age of 21 or, if appropriate, a C permit independent of the status of the main holder. The approval of the FOM is required.

Early granting of independent authorisation: a B permit may be granted to a child aged less than 21 when he:

• founds a family of its own, 
• achieves sufficient financial independence by taking a job in Switzerland and consequently no longer lives in the same household as the main holder.

To take account of links with Switzerland, the degree of integration and particular circumstances, the cantonal authority may, with the approval of teh FOM, grant an independent residence authorisation to a child aged 16: 

•  in the event of divorce, the separation of the parents or of the death of the main holder, 
•  at the time of the definitive transfer of the main holder, provided that the child has stable employment or, if they are studying, that they have been living in Switzerland in the same household for several years.

Residence authorisation: a child may obtain a C permit after a total stay of twelve years from the time of obtaining the FDFA legitimation card if he has lived consecutively in Switzerland in the last five years but at the latest after a regular and uninterrupted stay of ten years (five years according to residence agreements or on the basis of reciprocity), counting from the date of the granting of an independent B permit.

Studies or stay in the border area: when the child has been resident in Switzerland but has studied in the border area outside Switzerland or when the child has resided in the border region but has had most of his schooling in Switzerland, he will be treated in the same way as a child who has resided and studied in Switzerland. The cantonal authority responsible for foreigners may grant him a residence or work autorisation if he fulfils the above conditions.