If you are a US national, you can apply for the Swiss C settlement permit after five years of lawful residence instead of the usual ten. The reason is a treaty signed on 25 November 1850 that is still in force. It only shortens the waiting time: until then you are treated as a third-country national, and you must still pass the full integration test.
In short
- The treaty: the Treaty of Settlement and Commerce between Switzerland and the United States of 25 November 1850 (SR 0.142.113.361), ratified on 8 November 1855 and applied ever since.
- What it gives you: access to early settlement after five years (Art. 34 para. 4 FNIA). It is a discretionary decision, not a right.
- What it does not change: your first work permit, family reunification and naturalisation all follow the ordinary rules for third-country nationals.
- Integration still counts: respect for the law, language skills and financial independence (Art. 58a FNIA).
- Tax is separate: the United States taxes its citizens wherever they live, so US reporting duties continue after you move.
What the treaty says
The treaty is one of Switzerland's oldest bilateral agreements still in force. In the 19th century the United States was the main destination for Swiss emigrants, so settlement rights mattered to both sides. Today many US nationals live long term in Switzerland; the State Secretariat for Migration (SEM) publishes current numbers in its foreign-national statistics.
Of its original seventeen articles, some have since been changed or overtaken. The parts that still matter:
- Settlement (Art. I, in substance): each country treats the other's nationals like its own citizens for settlement, trade and residence. This is the basis for the five-year C permit.
- Property and legal equality (Art. III, in substance): the other side's nationals have the same rights to own, inherit and acquire property, can go to court freely and pay no discriminatory taxes. Swiss limits on property purchases by persons abroad (the Lex Koller, SR 211.412.41) and cantonal rules still apply alongside.
- No less favourable treatment: in settlement, property and work, neither country may treat the other's nationals worse than its own. This is not a most-favoured-nation clause, so it does not give you the best treatment Switzerland grants any other country.
For the exact current text and which articles later agreements have changed, see SR 0.142.113.361 on Fedlex. Questions of treaty interpretation go to the Directorate of International Law at the Federal Department of Foreign Affairs (FDFA).
Why it is stable
Switzerland applies treaties directly as part of its own law, and the Federal Constitution (Cst.) requires the authorities to respect international law (Art. 5 para. 4 and Art. 190 Cst.). In the United States, the treaty became "supreme law of the land" after Senate ratification (Art. VI cl. 2 of the US Constitution). Switzerland could not simply cancel it by passing a law. Both sides could agree to revise or end it, but in roughly 170 years neither has, and it is not part of any current negotiation.
C permit after five years
Under the Federal Act on Foreign Nationals and Integration (FNIA), the normal route to a C permit is ten years of residence, the last five of them without a break on a B permit (Art. 34 para. 2 let. a FNIA). Art. 34 para. 4 FNIA allows early settlement after five years of uninterrupted residence on a B permit for people who are well integrated and communicate well in the local national language. The 1850 treaty opens this five-year route to US nationals.
Temporary stays do not count towards the five years, and time spent studying or training (Art. 27 FNIA) counts only under the conditions set there (Art. 34 para. 5 FNIA).
The treaty affects only the timing. The canton still checks every other condition, and it may grant the permit, not must. If you have received social assistance, broken the law or not reached the language level, you are assessed exactly like anyone else.
Conditions
The full rules are on the C settlement permit (permit C) page.
| Condition | Legal basis | What it means |
|---|---|---|
| 5 years of lawful, uninterrupted residence | Treaty (Art. I) with Art. 34 para. 4 FNIA | on a valid B permit; temporary stays do not count (Art. 34 para. 5 FNIA) |
| Successful integration | Art. 58a FNIA | respect for the law and constitutional values, language skills, work or education (Art. 58a para. 1 FNIA, let. a to d) |
| Language | Art. 60 para. 2 or Art. 62 para. 1bis OASA with Art. 77d OASA | level set by the Federal Council in the Ordinance on Admission, Residence and Gainful Employment (OASA) and the SEM directive (Art. 58a para. 3 FNIA) |
| Financial independence | Art. 58a para. 1 let. d FNIA | ongoing social assistance counts against you; supplementary benefits are looked at closely |
| No grounds for revocation | Art. 34 para. 2 let. b FNIA with Art. 62 and Art. 63 para. 2 FNIA | none of the grounds for revoking a settlement permit may apply |
| Family integration | Art. 58a FNIA (overall assessment) | the authority looks at the whole picture, including family members who came with you |
The cantonal authority decides, and the SEM approves (Art. 99 FNIA with Art. 85 OASA). The documents you need are listed in the SEM Directives Foreign Nationals Sector, in the chapter on the settlement permit.
Other countries with a five-year route
US nationals are not the only ones.
- Other third countries: Canada and some others have settlement arrangements or SEM practice that can lead to early settlement under Art. 34 para. 4 FNIA.
- United Kingdom: special rules apply to people protected by the Citizens' Rights Agreement and to periods built up before Brexit (see the UK Citizens' Rights Agreement).
- EU/EFTA states: their nationals are covered by the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681), which has its own settlement rules (see the AFMP/OFMP glossary). Old treaties with individual EU states are overlaid by it.
This makes the 1850 treaty one of the few classic settlement privileges still working outside the AFMP. The SEM directive linked above and the treaties themselves decide which countries are covered.
Before year five: you are a third-country national
Until you reach the five-year mark, the FNIA treats you as a third-country national. If you come to work, you go through the full admission procedure:
- Priority for resident workers (Art. 21 FNIA): your employer must show that no suitable worker could be found in Switzerland or the EU/EFTA.
- Quotas (Art. 20 FNIA and the OASA annexes): you count against the annual B and L quotas for third-country nationals, which the Federal Council sets and shares out among the cantons.
- Qualifications (Art. 23 FNIA): as a rule only qualified workers are admitted, such as managers, specialists and people with a degree or equivalent experience.
- Local pay and conditions (Art. 22 FNIA): your wage and working conditions must match what is usual for the place, job and sector.
If you come through marriage, study, family reunification or an L route, other rules apply. But if ordinary work admission is your only route, you face the full third-country system. The treaty helps you at settlement, not at entry.
Family reunification
The treaty does not cover family reunification. The general FNIA rules for third-country nationals apply.
- C permit holders (Art. 43 FNIA): your spouse and unmarried children under 18 are entitled to join you if you live together, have suitable housing, do not depend on social assistance and draw no supplementary benefits. Your spouse must be able to communicate in the local national language or be registered for a language course; the OASA sets the details.
- B permit holders (Art. 44 FNIA): reunification may be granted, not must. You must be able to support the whole family without social assistance, and the authority has more discretion.
- Deadlines (Art. 47 FNIA): apply within five years, or within twelve months for children over twelve. The deadline starts when you get your permit or when the family relationship begins. After that, reunification is allowed only for important family reasons.
EU/EFTA citizens can bring a wider circle of relatives, such as dependent parents, under Art. 3 of Annex I AFMP. The 1850 treaty does not give US families that advantage.
Naturalisation: no special route
The treaty covers settlement, not citizenship. You go through ordinary naturalisation under the Swiss Citizenship Act (SCA, SR 141.0) and the Citizenship Ordinance (SCO, SR 141.01), plus cantonal and communal rules.
- Residence: ten years of lawful residence, three of them in the five years before you apply (Art. 9 SCA). Years between your 8th and 18th birthdays count double, but you must have actually lived here at least six years.
- C permit: required to apply (Art. 9 SCA).
- Integration (Art. 11 let. a and Art. 12 SCA): respect for public safety and order and constitutional values, work or education, supporting your family's integration, and language skills. The language requirement is set in Art. 6 SCO, which asks for oral and written skills in a national language.
- No social assistance in the years before you apply (details in the SCO).
- Cantonal and communal rules add their own residence periods, an interview and, in some cantons, a knowledge test.
Facilitated naturalisation (Art. 21 SCA) is open to the spouse of a Swiss citizen after five years of residence in Switzerland in total, including the year just before applying, and three years of marriage. If you live abroad, you need six years of marriage and close ties to Switzerland. This applies to every nationality, not only US citizens.
Dual citizenship: Switzerland allows it without restriction, so you do not have to give up US nationality. The United States tolerates it and you do not lose US citizenship by becoming Swiss unless you formally renounce it. As a dual national you can vote in Switzerland but keep your US tax and reporting duties.
Naturalisation is handled by the canton and municipality; the SEM issues the federal approval. See Naturalisation in Switzerland and the glossary on the Swiss Citizenship Act 2018 (SCA).
Entry routes: trainee and au pair
Two L permit routes make it easier for young US nationals to come to Switzerland.
- Trainee (stagiaire): Switzerland and the United States have a trainee agreement. Young professionals who have finished vocational training can work in their field for a limited time to build professional and language skills. The legal basis is Art. 30 para. 1 let. g FNIA, the OASA and the agreement itself. Age limits, maximum length and extensions are set by the agreement; see the SEM information on stagiaires and the L short-stay permit page, section 3.2.
- Au pair: young third-country nationals live with a Swiss host family and do light housework in return for board, lodging, pocket money and a language course. The basis is Art. 30 para. 1 let. j FNIA for au pairs placed by a recognised agency, with the OASA and the SEM au pair directive, which sets age limits and duration. See the L short-stay permit page, section 3.1.
Neither route gives lasting privileges. You can move on to a B permit later only by changing the purpose of your stay and meeting the ordinary FNIA conditions.
Tax: a separate matter
The 1850 treaty does not deal with tax. That is covered by the Swiss-US double taxation agreement (SR 0.672.933.61) and the FATCA agreement of 14 February 2013 (SR 0.672.933.63), which requires Swiss financial institutions to report accounts held by US persons.
The United States taxes its citizens on worldwide income wherever they live. If you live in Switzerland, you keep US tax and reporting duties, although the double taxation agreement removes most double taxation. The FBAR report is required if your foreign accounts exceed USD 10,000 and is often overlooked.
Swiss banks have become reluctant to take on US clients because of FATCA costs. Check your banking options early.
For questions on FATCA, FBAR, foreign funds (PFIC), 401(k), IRA or Roth plans, or the exit tax on giving up US citizenship (IRC § 877A), see a specialist in Swiss-US tax, such as a firm experienced in both systems or a US Certified Public Accountant practising in Switzerland.
Whether you qualify for early settlement is decided by the cantonal authority. For advice on your own case, contact a lawyer entered in a cantonal bar register who works in migration law. For US visas, green cards or US naturalisation, ask a US immigration lawyer.