Losing your job

Losing your job does not automatically cost you your permit, but what happens depends on your permit and nationality. EU/EFTA nationals keep their right of residence for a protection period while they look for work (Art. 61a FNIA). Third-country nationals on a B permit keep the permit, but relying on social assistance can lead to revocation. A C permit is not affected by job loss itself, only by lasting, substantial reliance on social assistance. In every case, register with the Regional Employment Centre (RAV) straight away.

In short

• EU/EFTA: after involuntary job loss, your right of residence usually ends six months later, or later while you receive unemployment benefit. You have no right to social assistance during this time.
• Third-country B: job loss is not a ground for revocation. Social assistance is (Art. 62 para. 1 let. e FNIA), and the office looks at your job situation at renewal.
• C permit: no direct effect. Revocation is possible only for permanent, substantial reliance on social assistance (Art. 63 para. 1 let. c FNIA).
• Unemployment benefit is not social assistance. Receiving it does not threaten your permit; the risk starts when benefit runs out and you move to social assistance.
• Act fast: register with the RAV on your first day without work at the latest, and keep records of your job search.

Three main situations

An involuntary job loss means dismissal, the employer's bankruptcy or a fixed-term contract ending without renewal.

1. EU/EFTA nationals: your right of residence depends on being a worker under Annex I of the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681). Involuntary unemployment triggers the protection and expiry rules of Art. 61a of the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20).
2. Third-country nationals with a B permit: your right of residence is tied to the job you were admitted for. Job loss is not a revocation ground, but lasting reliance on social assistance can be (Art. 62 para. 1 let. e FNIA). Your job situation is assessed at renewal.
3. C permit holders: job loss has no direct effect and the C permit does not lapse because you are unemployed. Social assistance received permanently and to a substantial extent can lead to revocation (Art. 63 para. 1 let. c FNIA).

For questions about unemployment benefit itself (amount, contribution periods, sanctions), see arbeit.swiss or your cantonal unemployment fund.

EU/EFTA nationals: Art. 61a FNIA

Art. 61a FNIA came into force on 1 July 2018 with the reform on steering immigration and implementing free movement. It sets out when the right of residence of EU/EFTA nationals ends after they stop working. Two things matter: whether you lost your job within your first twelve months of residence, and whether you receive unemployment benefit (ALV).

Job lost in the first twelve months

This applies to L EU/EFTA holders and B EU/EFTA holders who have been here less than twelve months. If your job ends involuntarily, your right of residence ends six months after the end of the employment (Art. 61a para. 1 FNIA). If you still receive unemployment benefit after those six months, it ends when the benefit ends (Art. 61a para. 2 FNIA). Meanwhile you may stay to look for work, as long as you are registered with the RAV, actively searching and available for work.

Job lost after the first twelve months

For B EU/EFTA holders employed for more than twelve months, the right of residence also ends six months after the end of the employment (Art. 61a para. 4 FNIA). If you are still receiving unemployment benefit at that point, it ends six months after your benefit ends. This can take you beyond the normal benefit period. The benefit period itself is set by the Unemployment Insurance Act (AVIG, SR 837.0), which is separate from this protection period.

Limits and exceptions

• No social assistance: between the end of your job and the end of your right of residence, you have no right to social assistance (Art. 61a para. 3 FNIA).
• Exception: these rules do not apply if your job ended because of temporary incapacity for work due to illness, accident or disability, or if you have a right to remain under the AFMP or the EFTA Convention (Art. 61a para. 5 FNIA).

When the protection period ends

If you have not found work, the cantonal migration office checks whether you have another right of residence under the AFMP: whether you are still a worker under Annex I, or whether you now fall into the group of people not working, which requires enough money of your own and health insurance. The amounts for enough money come from practice and the SEM directives (sem.admin.ch).

Only involuntary unemployment counts

These examples usually count as involuntary:

• dismissal for business reasons;
• a fixed-term contract ending through no fault of yours;
• the employer's bankruptcy;
• a termination agreement for reasons unrelated to you (this depends on the contract and on practice).

Resigning, summary dismissal for misconduct, or a suspension of benefit because you caused your own unemployment can be treated as voluntary and weaken your protection. The migration office decides, and on appeal the courts.

Register with the RAV

To use the protection period, you must register with the RAV and meet its job-search obligations. Without that, you cannot keep your worker status.

Your AFMP rights

• Employees (Annex I Art. 6 AFMP): your right of residence depends on being a worker, which can continue during involuntary unemployment. Swiss courts follow EU Court of Justice case law from before the AFMP was signed.
• Self-employed (Annex I Art. 12 AFMP): see self-employment below.
• Not working (Annex I Art. 24 AFMP): you need enough money and health insurance.
• Right to remain after you stop working has its own conditions (Art. 61a para. 5 FNIA refers to it).

Art. 61a applies only to EU/EFTA nationals. Third-country nationals, even on a B permit and in the same job, fall under the general FNIA rules. See the AFMP glossary.

Third-country nationals with a B permit: Art. 62 FNIA

Your B permit rests on the job you were admitted for (employer, field, activity).

You find a new job quickly

Your new employer applies for a permit for the new job, which means checking priority for local workers, the salary and quotas (see changing employer). You usually may not start the new job until approved, but you keep your existing B permit, formally tied to the old employer.

You are unemployed between jobs

• Unemployment benefit: if you paid ALV contributions and meet the conditions, you are in principle entitled to benefit.
• Register with the RAV, both for benefit and to show you are actively looking for work.
• At renewal, the migration office looks at your job situation. An active search and a realistic prospect of work count heavily. The office decides at its discretion.

Relying on social assistance (Art. 62 para. 1 let. e FNIA)

The office can revoke your B permit if you, or someone you must support, depend on social assistance. What counts is receiving social assistance itself, not debts or debt enforcement alone, which matter only indirectly through the integration assessment. Practice and the Federal Supreme Court look at:

• how long and how much (usually prolonged and substantial);
• whether it is your fault (passively relying on it without searching counts against you);
• whether there is a prospect of it ending.

So the critical point is moving from unemployment benefit to social assistance, usually when benefit runs out and you have no new job.

Proportionality (Art. 96 FNIA)

Even if a revocation ground exists, the office must weigh proportionality (Art. 96 FNIA), including:

• how long you have lived here;
• your integration (language, social and work);
• your family situation (a spouse, children with Swiss status);
• your health;
• your chances of reintegrating in your home country;
• a higher bar after a long stay.

Instead of revoking, the office may give you a formal warning, for example for a first, short period of social assistance or when you have concrete job prospects. If you face a real risk of revocation, see a lawyer.

C permit holders: Art. 63 FNIA

The C permit has no end date and is not tied to a job or employer. After a job loss:

• your C status continues;
• there is no deadline to find a new job;
• you can claim unemployment benefit, register with the RAV and search for work without risk to your permit.

Revocation (Art. 63 para. 1 let. c FNIA)

A C permit can be revoked if you, or someone you must support, depend on social assistance permanently and to a substantial extent. The bar is higher than for a B:

• permanently means sustained, not temporary;
• to a substantial extent means significant sums, not one-off help;
• proportionality (Art. 96 FNIA) weighs heavily after a long stay, especially if you were born here or came as a child.

See the C settlement permit.

Because "permanently" and "substantial" are open terms, cantonal offices and courts interpret them differently. The same situation may lead to revocation in one canton and a warning in another. Only Federal Supreme Court case law creates a uniform line. Your cantonal migration office and published cantonal court decisions show local practice. See debt enforcement and your permit and revocation of B and C permits.

Overview by permit

Becoming self-employed

EU/EFTA nationals (Annex I Art. 12 AFMP)

With a B or C EU/EFTA permit you can switch to self-employment if you show you have actually started:

• entry in the commercial register (for companies and qualifying partnerships);
• recognition as self-employed by your AHV compensation fund (the key criterion);
• first business records such as invoices, orders and client contracts;
• evidence that the business is viable.

Once the compensation fund recognises you, your permit switches to the self-employed category. Cantonal offices set what proof they need in the start-up phase (see the SEM directives on sem.admin.ch).

Third-country nationals (Art. 19 FNIA)

The conditions are stricter. Art. 19 FNIA requires:

• an overall economic interest in your business, which is a high bar;
• the financial and operational conditions and a sufficient independent income (business plan, capital, liquidity);
• relevant qualifications and any sector licences;
• approval by the cantonal migration office, often after an opinion from the cantonal economic promotion office.

Self-employment mainly to escape unemployment usually does not meet this bar.

Social insurance

Self-employed people pay AHV/IV/EO contributions on their business income, at higher effective rates than employees, because they pay the full amount. They are not covered by unemployment insurance. Ask your compensation fund about contributions. See the FNIA and OASA glossary.

Unemployment insurance in brief

Unemployment insurance (ALV) is governed by the AVIG (SR 837.0).

• Contributions: employees and employers each pay half.
• Entitlement: after involuntary unemployment, if you have the minimum contribution period and are available for work.
• Amount and duration depend on your insured earnings, contribution period, age and maintenance obligations. Current rates and limits are on arbeit.swiss.
• Job search: you must be available and actively search, and prove your efforts to the RAV regularly.
• Registration: with the RAV, at the latest on your first day without work.
• Unemployment fund: a public (cantonal) fund or a recognised private one.
• Documents: employment contract, notice of termination, payslips, insurance certificates.
• Waiting days may apply before your first payment, depending on your earnings and maintenance obligations (see arbeit.swiss).

For all benefit questions, contact the RAV, your unemployment fund or arbeit.swiss.

Renewing your permit while unemployed

1. Register with the RAV immediately. This supports both your benefit claim and your record of job searching.
2. Apply for renewal in time, usually 2 to 3 months before expiry, earlier in some cantons. Say in the form that you are not working; you must give truthful information (Art. 90 FNIA).
3. The office checks your identity, address and health insurance; your job situation and prospects; whether you receive benefit or social assistance; and, for a B, whether the original conditions are still met.
4. The decision: an active search, benefit entitlement and no social assistance usually support renewal, but the office decides at its discretion. Refusal is possible in particular with permanent, substantial reliance on social assistance (see Art. 62 para. 1 let. e FNIA), no realistic prospect of work (for example benefit exhausted and no documented search), or other revocation grounds such as a serious threat to public order (see revocation). In very difficult situations, a hardship permit under Art. 30 FNIA may be possible.

Family reunification while unemployed

For third-country B holders, bringing family depends on your finances. Art. 44 FNIA requires suitable housing, a secure financial situation without social assistance, and integration conditions for the family members (such as language for spouses).

• Permits already granted usually continue, but can be affected by your prolonged reliance on social assistance.

For EU/EFTA nationals, family reunification depends less on work: if you keep worker status under Annex I Art. 6 AFMP, it generally remains possible. See marrying a foreign national and marrying a Swiss citizen.

Checklist

Days 0 to 3:

• Get written confirmation of your dismissal and keep it.
• Register with the RAV via arbeit.swiss or at your cantonal RAV.
• Choose an unemployment fund and apply for benefit.
• Start applying for jobs and keep records.

Within a week:

• Health insurance: your cover stays the same, but plan how to pay premiums without a salary; you may apply for a premium reduction.
• Accident insurance: cover from your old job lasts up to 31 days. After that, take out voluntary cover, or you are covered through unemployment insurance.

Within a month:

• Pension (2nd pillar): without a new job, your vested benefits go to a vested benefits account or policy. Instruct your old pension fund.
• Tax: when your salary is replaced by unemployment benefit, check cantonal tax notices about tax at source.

Before your permit expires:

• Apply for renewal and attach proof of RAV registration, benefit decisions and your job applications.

If social assistance comes close:

• Get advice from municipal social services, Caritas or a migration advice centre. If revocation is a real risk, see a lawyer.

Job loss just before renewal

A job loss shortly before renewal makes things more delicate, but with an active search and no social assistance it usually does not block renewal. Offices look favourably on:

• clearly involuntary termination (dismissal, bankruptcy);
• prompt RAV registration;
• an active, documented job search;
• normal benefit receipt without suspensions;
• concrete job prospects or applications in progress.

Risks include:

• unemployment lasting beyond your benefit entitlement;
• moving from benefit to social assistance;
• RAV or ALV sanctions such as suspensions for breaching duties;
• a history of repeated social assistance.

For employment-law questions, such as whether a dismissal is valid or the protected periods in Art. 336c of the Code of Obligations (CO, SR 220), see an employment lawyer. For tax questions, ask the cantonal tax administration.

Related pages

• B residence permit
• Table of deadlines