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20 January 2021

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A permanent residence permit gives foreign nationals an unlimited right of residence in Switzerland, which is not subject to any conditions and allows them to pursue employment. The granting of a permanent residence permit for EU/EFTA nationals and third-country nationals is governed by the provisions of the Federal Act on Foreign Nationals and Integration ("FNIA"). Foreign nationals may be granted a permanent residence permit after five or ten years of residence in Switzerland, sufficient integration and the absence of grounds for revocation (Art. 34 para. 2 let. a - c FNIA).

In the case of a longer stay abroad (e.g. due to an exchange year, a sabbatical or involuntarily due to medical treatment), caution is required once the permanent residence permit has been granted. Depending on the duration of the stay abroad, measures must be taken to ensure that the permanent residence permit does not expire. 

Expiry of the permanent residence permit after a six-month stay abroad

If a person with a Swiss permanent residence permit goes abroad for a period of more than six months without giving notice of departure, his or her permanent residence permit expires by law and without the need for any action on the part of the authorities (Art. 61 para. 2 FNIA). The six-month stay abroad must be an uninterrupted stay. In this context, the motives and reasons for the stay abroad are irrelevant. Thus, imprisonment or hospitalization abroad can also result in the expiration of the permanent residence permit if the foreign national is continuously abroad for six consecutive months. 

Expiry of the permanent residence permit in the event of transfer of the so-called "centre of life" (Lebensmittelpunkt) abroad

The permanent residence permit also expires - irrespective of the duration of the stay abroad - if the centre of life is transferred abroad. Such a shift of the centre of life abroad results from the circumstances of the individual case. Giving up the home in Switzerland, termination of employment, payment of pension fund monies as well as longer stays abroad can be decisive indications that the centre of life is now abroad. Shorter visits (e.g. for visiting or business purposes) in Switzerland to break the six-month time limit are not sufficient according to Art. 79 para. 1 of the Ordinance on Admission, Residence and Employment ("OARE") if the centre of life has shifted abroad. 

Measures to retain the permanent residence permit

First of all, it is important to be aware of the fact that a longer (even involuntary) stay abroad may expose the holder to the risk of losing their permanent residence permit. In order to avoid the expiry of the permanent residence permit, it is possible to apply for retention of the permanent residence permit - also from abroad. In this way, the permanent residence permit can be retained for a maximum of four years. 

In the case of a stay abroad, the application must be submitted to the competent cantonal authority before the expiry of the six-month expiry period (Art. 79 Para. 2 OARE). If such an application has been submitted before the expiry of the aforementioned period, it will in principle have a suspensive effect, i.e. the permanent residence permit will not automatically expire, even if the six-month expiry period expires after the submission of the application. The application to maintain the permanent residence permit must be duly substantiated, e.g. such an application may be filed if military service or studies are to be completed abroad. For the exact requirements, there are helpful leaflets available from the competent authorities (e.g. Directive of the Migration Office of the Canton of Zurich reg. maintenance of the permanent residence permit of August 21, 2020; in German). 

It should be noted that granting of retention of the permanent residence permit is a discretionary decision of the authorities, thus there is no legal entitlement. Once a permanent residence permit has expired for the reasons mentioned above, it may be possible under certain circumstances (e.g. if the voluntary departure from Switzerland was no longer than two years ago in accordance with Art. 49 Para. 1 let. b OARE) to be readmitted under simplified conditions. 

If you have any questions or require further information, please do not hesitate to contact the immigration team.

Authors: Marisa di Francesco, Urs Haegi

Category: Immigration

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