If you get divorced in Switzerland with a residence permit, the first question no one asks you is: what happens to your permit?

When someone separates or divorces in Switzerland, the focus is usually on the floor, the children, the second pillar. What few people think about at…

When someone separates or divorces in Switzerland, the focus is usually on the floor, the children, the second pillar. What few people think about at that time is the residence permit. And yet, depending on the type of permit and the situation, the consequences can be very different.

If you have C permission, divorce doesn't change anything. Your permission is yours and does not depend on the marriage. But if you have B permit and you got it through the relationship with your spouse, the situation gets complicated. If you are an EU or EFTA citizen, in principle you can renew the permit on your own if you have work in Switzerland or sufficient resources to be self-employed. If you are a non-EU citizen, the renewal is conditional on having lived in Switzerland for at least three years within the marriage and being able to demonstrate integration: no criminal record, basic knowledge of the cantonal language, real willingness to integrate.

There are two exceptions that many are not aware of. The first: if there are minor children, the leave can be renewed if a close and active relationship is maintained with them, pensions are paid and the parent's behavior is exemplary. The second: if the divorce is related to domestic violence, the B permit can be renewed regardless of the time spent in Switzerland. The authorities analyse each case individually, which in practice means that the margin is wide but so is the uncertainty.

What you need to know is this: don't wait for the divorce trial to think about permission. The Migration Service does not send any automatic notice, and in some cases the deadlines for requesting renewal are short.