There’s a question that comes up frequently in the group, particularly when someone is going through a break-up and isn’t sure what to do about their permission. The short answer is: it depends. And the long answer deserves more than just a single sentence in the comments.
If you hold a B permit on the grounds of family reunification, Swiss law (Article 50 of the LEI) provides that you may retain it following a divorce or separation, subject to certain conditions. The main condition is that you must have lived together in Switzerland for at least three years and be reasonably well integrated: you must know a national language, have no criminal record and not be dependent on social assistance. If you are a victim of domestic violence, the three-year period does not apply, regardless of how long you were married. And if you have children in Switzerland and are the primary carer, there are also ways to retain your permit.
What many people don’t realise is that ‘de facto separated’ and ‘divorced’ are not the same thing for the purposes of the permit, but it’s not as though the former goes unnoticed by the authorities either. When the time comes for renewal, the cantonal immigration office may ask for proof that the marital relationship still exists. There is no prior warning. The permit is simply not renewed, and by then it is too late to seek advice. If you are going through a separation and hold a family reunification permit, you should find out what to do before this happens, not afterwards. The canton also has some leeway in interpreting these cases, and there are differences between cantons in how they apply the integration criteria.