Work And Residence Permit Expiring? How To Successfully Extend It For Third-country Nation

Individuals from third countries are only granted work and residence permits in Switzerland under strict conditions. As these permits are issued for a limited period, the question of an extension arises sooner or later. This article outlines the most important framework conditions for extension.

Permit types and extension principles

In Switzerland, a distinction is generally made between three main types of permits for third-country nationals: The short-stay permit ("L permit", Art. 32 FNIA), the residence permit ("B permit", Art. 33 FNIA) and the cross-border commuter permit ("G permit", Art. 35 FNIA). Each of these permits is purpose-bound and limited to a specific duration, but can be extended under certain conditions.

Short-stay permit (L permit)

Short-stay permits are issued for temporary stays of up to one year and can be extended to a total duration of no more than two years. After the maximum duration has expired, third-country nationals must leave Switzerland for at least one year before a renewal can be granted.

Residence permit (B permit)

In practice, a B permit is issued for a period of one year at a time, but can be extended annually provided the conditions are still met.

Cross-border commuter permit (G permit)

For cross-border commuters from third countries, the G permit is generally limited to one year at a time and extended at the authorities' discretion. After five years of uninterrupted gainful employment, there is even a legal right to an extension, provided there are no grounds for revocation under Art. 62(1) FNIA.

Conditions for an extension

All work and residence permits for third-country nationals are purpose-bound. An extension will only be granted if the original purpose of the stay still exists at the time of the extension application. If this changes, a new permit must be applied for. When considering a possible extension of a residence permit, it is crucial that there are no grounds for revocation. The law lists various situations in Art. 62(1) FNIA in which a permit can be revoked. These include:

1. making false statements or concealing material facts in the permit procedure,
2. a conviction for a long-term custodial sentence or the ordering of a criminal measure within the meaning of Art. 64 or Art. 61 of the Criminal Code,
3. significant or repeated violations of public security and order or a threat to internal or external security,
4. non-compliance with conditions attached to the permit (e.g. language or integration courses),
5. dependence on social assistance by a person for whom the person concerned is responsible.

Special features of extensions

Short-stay and residence permits for the purpose of gainful employment for third-country nationals are generally subject to quotas (Art. 20 FNIA) and the principle of priority for domestic workers applies (Art. 21 FNIA). On the one hand, this means that the number of permits that can be issued annually is limited (so-called quotas). Separate quotas also apply to UK nationals. On the other hand, it must be proven that no suitable domestic or EU/EFTA workers could be found for the job in question. However, these additional "hurdles" only play a role for initial permits or when changing from a short-stay permit (L permit) to a residence permit (B permit). It is therefore a special feature that these two aspects do not apply to a permit extension: Extensions are neither counted towards the maximum numbers nor is the principle of priority for domestic workers applicable or relevant.

Procedure and deadlines

Third-country nationals whose work and residence permits are expiring generally receive a so-called expiry notification a few weeks before the permit expires. The application for extension must be submitted to the competent authority at least two weeks before the expiry date. Therefore, be aware: If the application is not submitted on time, the permit generally expires at the end of its validity period (Art. 61(1)(c) FNIA).

As a rule, such an application can be submitted directly to the applicant's municipality of residence, which will then forward the documents to the competent authority.

It is important that third-country nationals remain entitled to reside in the country for the duration of the extension procedure (Art. 59(2) OASA). Depending on the case and the workload of the authorities, the procedure can take some time. In some cantons, such as Zurich, the authorities retain the foreigner's identity card during the extension procedure. As the persons waiting on a permit extension can then no longer provide valid identification, it is advisable to request written confirmation of the right to work and reside from the competent authority.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.