Yugoslavia and Switzerland: Rights and entitlements granted to the holder of a Class "B" residence permit in Switzerland, especially the right to renew the permit once it has expired; the procedure to apply for renewal and whether the permit would be renewed automatically upon application; considerations for non renewal
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||26 October 2001|
|Citation / Document Symbol||ZZZ37954.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Yugoslavia and Switzerland: Rights and entitlements granted to the holder of a Class "B" residence permit in Switzerland, especially the right to renew the permit once it has expired; the procedure to apply for renewal and whether the permit would be renewed automatically upon application; considerations for non renewal, 26 October 2001, ZZZ37954.E, available at: http://www.refworld.org/docid/3df4bed7c.html [accessed 25 July 2014]|
The following information on the Swiss Class "B" residence permit is provided on the Website of the Swiss Federal Aliens Office:
Permit B: Annual residence permit / annual permit
Annual residents are people who are entitled to live in Switzerland for, as a rule, one year. First-time permits for gainful employment may only be granted within the limits of the annually revised ceilings and in compliance with Arts. 7-11 of the Regulation concerning the Limitation of the Number of Foreigners. Once a permit has been granted, it is normally renewed every year unless there are reasons against a renewal, such as criminal offences, or dependence on social security or the labour market. A legal claim to obtaining an annual residence permit and to having it renewed exists only in certain cases. In practice, the annual residence permit is normally renewed as long as someone is able to draw daily allowances from the unemployment insurance. An actual claim to having the permit renewed, however, does not exist in such cases (Last update: 1 March 2001).
According to the Investors Offshore Expatriate Issues – Switzerland Webpage, the Class "B" residence permit is:
usually issued to professionals, those who want to start a business in Switzerland, and those wealthy enough to live off their own resources whilst resident. This is the most commonly issued permit, and is usually valid for a year at a time, entitling the bearer to bring their spouse and children to live with them. However, the expatriate worker must be immigrating in order to fill a specific position, and must not be depriving a Swiss national of employment by taking the job (2000 and 2001).
In a 24 October 2001 telephone interview, a representative of the Legal Services of the Swiss Federal Aliens Office stated that any foreigner, including persons from former-Yugoslavia, who holds a Swiss Class "B" residence permit does not have the right to renew his/her permit if he/she quits his/her job and/or leaves the country.
In subsequent 25 October 2001 correspondence, the representative stated the following, referring to Article 9, par. 1c of the [translation] Federal Law on the Entry and Settlement of Foreigners (Loi fédérale sur le séjour et l'établissement des étrangers), which stipulates that a residence authorization expires when the foreigner announces his/her departure or when his/her sojourn in Switzerland has effectively ended:
Sojourn [in Switzerland] is effectively over when the foreigner has transferred his/her centre of interests abroad. It can be therefore considered that a person has displaced his/her centre of interests abroad when he/she has, for instance, ended his/her service obligations, terminated his/her lease, found employment abroad, withdrawn his/her pension fund, etc.
It should also be noted that, unless the foreigner can secure a right of residence under Swiss legislation (such as in the case of a foreigner married to a Swiss national or a foreigner who holds a settlement authorization = Permit C) or international law (art. 8 of the European Charter of Human Rights), the foreigner does not have the right to renew his/her authorization. Indeed, the foreigners' police of each canton makes decisions based on their discretionary powers with respect to the extension of residence authorizations. Even if the foreigner is entitled to this right, the residence authorization can be denied when his/her expulsion is justified or when he/she has disturbed public order.
This response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Investors Offshore.net. 2000 and 2001. "Expatriate Issues – Switzerland."
Switzerland, Swiss Federal Aliens Office. 25 October 2001. Correspondence received from representative of Legal Services.
_____. 1 March 2001. "Permit B: Annual Residence Permit / Annual Permit."