Work permit & Divorce – Law-Rence

Family Law: How does divorce affect my Swiss residence and work permit?

Are you currently divorced in Switzerland and have a residence permit? What happens once a divorce is announced?

C License:

If you have a C permit, divorce will not affect your residence in Switzerland.

B License:

If you did not obtain a B permit “due to” your marriage, divorce will not affect your residence.

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

A) EU/EFTA Nationals:

You will be able to renew a B license on your behalf if the following conditions are met:

• You work in Switzerland;
• You demonstrate that you have sufficient financial resources to be independent.

B) Third country nationals:

You can renew a B license in your own name if:

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

However, an employer can apply to extend your license after a divorce!

If you have minor children, you can renew your B license if:

• have a close emotional relationship;
• pay dues;
• Because of the distance, maintaining a relationship is impossible;
• The behavior of the parent concerned was deemed “abnormal.”

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

The authorities will handle the situation on a case-by-case basis. Because every situation is different, typical results cannot be predicted. Seek help from an attorney so you can get professional advice tailored to your situation. A lawyer will help you develop the right strategy to retain your Swiss residence permit.

Let the expert attorneys in Lawrence have your back!