Work permit & Divorce

Family law: What are the consequences of my divorce on my Swiss residence and work permit?

Are you currently divorcing in Switzerland and have a residence permit? What will happen with it once the divorce is pronounced? 

C permits :

If you have a C permit, the divorce will have no influence on your stay in Switzerland. 

B permits :

If you did not obtain the B permit “thanks” to you marriage , the divorce will not affect your stay. 

Let us distinguish between two cases: the spouse concerned is an EU/EFTA national or a third-country national. 

    A) EU/EFTA nationals : 

You will be able to renew your B permit on your behalf if :

• You work in Switzerland ;
• You prove that you have sufficient financial resources to be independant.

    B) Third-country nationals :

You may renew your B permit in your own name if:

• You have been married in Switzerland for at least 3 years;
• You are integrated in Switzerland: no criminal record, good reputation, respect for the Constitution, oral knowledge (level A1) of the language of the canton of residence, willingness to integrate, etc. ;
• The return to the country of origin is too complex (persecution, reintegration difficulties).

However, the employer can apply to extend your permit following a divorce!

Having underaged children allows the renewal of the B permit if :

• There is a close emotional relationship;
• Payment of contributions;
• Maintaining the relationship is impossible because of the distance;
• The behaviour of the concerned parent is deemed “exceptional”.

If the divorce is related to conjugal violence, the permit holder being the victim, the B permit may be renewed.

The authorities proceed on a case-by-case basis. As each situation is different, a typical outcome cannot be predicted. Asking for a lawyer allows you to get specialised advice adapted to your situation. The lawyer will help you to establish the right strategy to retain your Swiss residence permit.

Call on Lawrence’s specialised lawyers to support you!