Divorce
Ability to stay in Switzerland: Regularize your situation
As expatriates, a divorce will probably lead to an important change in your administrative status regarding your ability to stay on Swiss territory. It’s therefore crucial not to neglect any detail and be careful to regularize your situation as soon as possible.
A spouse who has been granted a residence permit through the family reunification procedure may, in certain circumstances, remain in Switzerland following a divorce.
The situation is simple for a spouse who possesses a C permit, as the divorce will not affect their right to stay in Switzerland at all.
The situation is much more complicated when it comes to a spouse holding a B permit, given the wide discretion that authorities enjoy when determining whether a spouse can or not stay in Switzerland following a divorce.
EU/EFTA CITIZENS
EU citizens can apply for a residence permit if they are employed in Switzerland or if they have sufficient financial means to live in the country.
NON-EU CITIZENS
Non-EU citizens may stay in Switzerland providing that the marriage lasted at least three years, the spouse can demonstrate successful integration in Switzerland (ex. language, work, no criminal conviction).
They may also stay in case important personal circumstances make it necessary to continue living in Switzerland.
Are generally considered as “important personal circumstances” the following situations:
- when the reintegration in the country of origin is highly compromised (TF 2C_460/2009, §C., November 4th 2009);
- in case of domestic violence of paramount importance (TF 2C_460/2009, §5.3., November 4th 2009).
How can we help you right now?
We provide clear, practical legal guidance on family matters in Switzerland.
Consult a an independent Swiss attorney — online or in person.
Chf 300 Up to 45 minutes. Case review, focused consultation, and a clear written summary with next steps.
Our consultations typically cover the following issues:
- Separation proceedings
- Divorce proceedings
- Maintenance payments
- Parental rights
- International situations
- Pension fund issues
- Recovery of maintenance payments
In the case of additional assistance, the activity is charged on an hourly rate basis.
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Book your legal consultation with immigration specialists or independent Swiss attorneys. Our consultation can be made on Zoom or in Our office in Geneva for a flat fee of CHF 300.-.
