If you marry a Swiss citizen and live together, you have a legal right to a B residence permit (Art. 42 of the Federal Act on Foreign Nationals and Integration, FNIA, SR 142.20). There is no income or housing test. After five years you have a right to a C permit if you are integrated, and after five years in Switzerland and three years of marriage you can apply for facilitated naturalisation. The right depends on a real marriage: a sham marriage, a separation or serious offences can end it.

In short

  • Permit: a B permit, as a right, not at the canton's discretion. You may work anywhere in Switzerland without a separate work permit (Art. 46 FNIA).
  • Conditions: you live together in a genuine marriage, and there are no grounds for revocation (Art. 42 and Art. 51 FNIA).
  • C permit after 5 years of lawful, uninterrupted residence, if you meet the integration criteria (Art. 42 para. 3 FNIA).
  • Facilitated naturalisation: 5 years' residence in Switzerland and 3 years of marriage (Art. 21 SCA).
  • If the marriage ends: you can keep your permit after 3 years of marriage with good integration, or for important personal reasons such as domestic violence (Art. 50 FNIA).

Which permit you get

  • B permit: the standard permit for the foreign spouse of a Swiss citizen.
  • Ci permit: not relevant here. It is for families of international organisation or foreign mission staff (Art. 45 OASA).
  • C permit: not at the start. You can get it after five years with integration (Art. 42 para. 3 FNIA), or after ten years by the ordinary route.
  • L permit: not relevant. The right under Art. 42 FNIA is to a B permit.

Because Art. 42 FNIA gives you a right, the canton must grant the permit if the conditions are met and there is no ground for revocation. That is the key difference from people joining a third-country B holder (Art. 44 FNIA), who need enough income, suitable housing and language proof. It also means you can appeal a refusal to the cantonal appeal authority and, because you have a legal right, finally to the Federal Supreme Court in a public-law appeal (the exclusion in Art. 83 let. c no. 2 of the Federal Supreme Court Act, SR 173.110, does not apply).

What Art. 42 FNIA says

In summary:

  • Para. 1: foreign spouses and unmarried children under 18 of Swiss citizens have a right to a residence permit and its renewal if they live with them.
  • Para. 2: foreign family members of Swiss citizens who hold a permanent residence permit from a state with a free movement agreement have a right to a residence permit. This covers the spouse and descendants under 21 or who are supported, and ascendants of either spouse who are supported.
  • Para. 3: after five years of lawful, uninterrupted residence, the spouse has a right to a settlement permit if they meet the integration criteria of Art. 58a FNIA.
  • Para. 4: children under twelve have a right to a settlement permit.

The binding text is on Fedlex: https://www.fedlex.admin.ch/eli/cc/2007/758/de

Conditions for the B permit

Living together. You must live with your Swiss spouse (Art. 42 para. 1 FNIA). Exceptions are allowed only for important reasons, such as work, children's schooling or health, and the marriage must continue (Art. 49 FNIA).

A real marriage. You must actually live as a married couple. The Federal Supreme Court looks at objective signs of a shared life (BGE 137 II 281; BGE 130 II 113).

No grounds for revocation (Art. 51 para. 1 FNIA). Your rights lapse if you rely on them abusively, in particular to get around immigration rules through a marriage of convenience, or if there are grounds for revocation under Art. 63 FNIA, such as a long prison sentence, a serious threat to public security or order, or lasting and substantial dependence on social assistance (Art. 63 para. 1 let. c FNIA).

Language. Art. 44 para. 1 let. d FNIA requires at least A1 for family reunification with third-country B holders. Art. 42 FNIA has no language requirement in the text for your first B permit. Cantons still consider language as part of integration (Art. 58a FNIA), especially at renewal and for the C permit. Whether you need proof for the first permit, and at what level, depends on the canton. Where proof is needed, a fide language passport or other SEM-recognised certificate is accepted.

No income test. Unlike reunification with a third-country B holder (Art. 44 FNIA), you do not need to prove income in advance. But dependence on social assistance can later lead to revocation (Art. 63 para. 1 let. c with Art. 51 FNIA).

Step by step

  1. Marry. In Switzerland, at the civil registry office where one of you lives, after a preparatory procedure where they check documents (birth certificate, certificate of single status, any divorce decree, ID). The registrar also checks for circumvention of immigration law (Art. 97a CC). Abroad, you marry under local law and have the marriage recognised in Switzerland (Art. 45 of the Federal Act on Private International Law, PILA, SR 291); see below.
  2. Apply for the permit. If you live in Switzerland, apply to your cantonal migration authority with your marriage certificate, valid travel documents, any language proof, a recent criminal record extract, proof of residence and your lease. If you live abroad, apply for a visa at the Swiss representation; it is issued after the canton is consulted.
  3. Receive the B permit. Once your file is complete, the canton usually decides within a few weeks to a few months, plus the visa procedure if you apply from abroad. Times vary by canton.
  4. Register with your municipality's residents' office within the cantonal deadline, typically 14 days after arriving.
  5. Pay fees. Cantonal fees apply for the first permit and renewals, plus visa fees and civil registry fees for the marriage. Ask the migration office and civil registry office.

Visas. If you come from a country that needs a visa and want to marry in Switzerland, a Schengen visa (type C, short stay) is not normally suitable for marrying and then staying. You usually need a national visa (type D) from the Swiss representation. Otherwise you risk delays or having to leave and re-enter. Follow SEM guidance and ask the representation.

Marriages of convenience

Under Art. 97a CC, the registrar refuses to proceed if one of you clearly does not want to build a life together but wants to get around the rules on admission and residence of foreign nationals. Under Art. 51 para. 1 let. a FNIA, your rights lapse if you rely on them abusively for that purpose.

The Federal Supreme Court (notably BGE 137 II 281; also BGer 2C_177/2013) looks at signs such as:

  • a large age difference;
  • knowing each other only briefly before marrying;
  • how you met, for example through a broker or a commercial setting;
  • imminent removal of the foreign spouse at the time of the marriage;
  • no common language;
  • not living together after the wedding;
  • payment for the marriage;
  • separating soon after the permit is granted;
  • contradictory answers when questioned separately about how you met, the wedding or daily life;
  • neither spouse knowing the other's friends and family.

No single sign is enough. The authority must weigh everything together, and the signs must add up to a substantial suspicion. The authority has the burden of proof, but if there are clear signs, you must show concretely that you really live as a couple. Signs that were not enough at first, such as an age gap, can be looked at again if new signs appear later, for example a separation 13 months after the permit.

Consequences. Before the wedding, the registrar refuses to proceed (Art. 97a CC). After the permit is granted, it can be revoked (Art. 51 with Art. 62 and Art. 63 FNIA), with possible removal, an entry ban, and criminal penalties for deceiving the authorities (Art. 118 FNIA).

Your rights on a B permit

  • Work: employed or self-employed anywhere in Switzerland, with no separate work permit and no sector or quota limits (Art. 46 FNIA).
  • Where you live: you can choose freely. If you move canton, register with the new municipality within the cantonal deadline (typically 14 days).
  • Your own children: you can bring minor children from a previous relationship. Children under 12 within 5 years of the right arising; children aged 12 to 18 within 12 months (Art. 47 para. 1 FNIA). Later only for important family reasons (Art. 47 para. 4 FNIA).
  • Insurance: you must take out health insurance within 3 months, and you are covered by AHV/OASI and IV.
  • Travel: a valid Swiss B permit lets you visit other Schengen states without a visa for up to 90 days in any 180-day period. Longer stays follow that state's own rules.
  • Renewal: the B permit is first issued for 1 year, then renewed for 2 years at a time. Apply at least 2 weeks before it expires. The canton checks that you are still married and living together.

You can lose the B permit through:

  • more than 6 months abroad without an approved extension (Art. 61 para. 2 FNIA);
  • the end of your life together without important reasons (Art. 49 FNIA);
  • serious offences affecting public security and order (Art. 62 and Art. 63 FNIA);
  • lasting and substantial social assistance for you or your family (Art. 62 para. 1 let. e FNIA). Debts or a single debt collection do not trigger revocation directly, but can count in the integration assessment (Art. 58a FNIA);
  • false statements or hiding important facts in the permit procedure (Art. 62 para. 1 let. a FNIA).

The C permit after five years

After five years of lawful, uninterrupted residence, you have a right to a C permit if you meet the integration criteria of Art. 58a FNIA: respect for public security and order, respect for the values of the Federal Constitution, language skills, and taking part in economic life or education (Art. 42 para. 3 FNIA).

Language. Art. 62 para. 1bis of the Ordinance on Admission, Residence and Gainful Employment (OASA, SR 142.201) requires at least B1 spoken and A1 written in the local language. This is the same as for other foreign nationals' early settlement; the ordinary C needs A2 spoken and A1 written (Art. 60 para. 2 OASA). The Federal Council can change these levels; check Fedlex.

Otherwise, the ordinary C permit is available after 10 years on a B (Art. 34 FNIA) if you are integrated.

What changes with a C. It has no end date (the card is checked every five years, Art. 41 para. 3 FNIA, but your right does not expire with it) and is not tied to a purpose:

  • no more renewals;
  • revocation requires more serious grounds (Art. 63 FNIA);
  • you meet the permit requirement for ordinary naturalisation;
  • stays abroad of up to 6 months do not affect it, and longer absences can be approved on request (Art. 61 FNIA).

Time abroad. The five years must be spent actually living in Switzerland. Absences of more than 6 months can break the period and delay your C (applying Art. 61 FNIA by analogy). Ask your migration authority if you plan long absences.

Facilitated naturalisation

Naturalisation is governed by the Swiss Citizenship Act (SCA, SR 141.0), not the FNIA. Your permit is a condition for it.

Under Art. 21 SCA, you can apply if you:

  • have lived in Switzerland for 5 years in total, including the year before you apply;
  • have been married to and living with your Swiss spouse for 3 years; and
  • are successfully integrated (Art. 12 SCA: respect for public security and order, respect for constitutional values, language skills, work or education, supporting your family's integration).

If you live abroad with a Swiss spouse, Art. 21 para. 2 SCA applies instead: at least 6 years of marriage and close ties to Switzerland.

Language: at least B1 spoken and A2 written in an official language where you live (Art. 6 of the Ordinance on Swiss Citizenship, SCO, SR 141.01).

Procedure. Facilitated naturalisation is federal (Art. 28 SCA and following); cantons and municipalities only give opinions, and the SEM decides.

  1. Apply to the SEM on the official form, with documents on residence, marriage, integration, language, work, and both spouses' criminal and debt-enforcement records.
  2. The SEM consults your canton and municipality on integration, reputation and security.
  3. If the SEM approves, you become a citizen of the Confederation, canton and municipality at the same time (Art. 33 SCA).

It usually takes several months to over a year. Ask the SEM for current times.

Annulment. If your naturalisation was based on false statements or hidden facts, for example a marriage of convenience, the SEM can declare it void (Art. 36 SCA) within two years of learning the facts and at most eight years after you became Swiss. The same kinds of signs as above are used. See the Citizenship Act glossary.

If you separate or divorce

Under Art. 50 para. 1 FNIA, you keep your right to a permit after the marriage or family life ends if:

  • let. a: the marriage lasted at least 3 years and you meet the integration criteria of Art. 58a FNIA; or
  • let. b: important personal reasons require you to stay in Switzerland.

Important personal reasons include being a victim of domestic violence, a marriage you did not enter freely, or serious difficulty reintegrating in your home country (Art. 50 para. 2 FNIA).

Before 3 years, only let. b is available, and practice is strict. The hardship of going back, or doing well at work here, is usually not enough. You need objective circumstances such as violence, a forced marriage or real barriers to reintegration, for example after a long stay that has cut your ties to your home country.

Separation in practice counts. Simply no longer living together, even before a divorce, can end your right, because Art. 42 para. 1 FNIA requires living together. If this happens, raise Art. 50 FNIA yourself. See divorce and your permit (Art. 50 FNIA).

If your Swiss spouse dies

Your right under Art. 42 FNIA ends, because the marriage no longer exists. But your permit can continue under Art. 50 para. 1 let. b FNIA (important personal reasons), especially after a long marriage, if you are well integrated, or if you have children together. See death of a permit holder.

Children

Swiss from birth. A child with a Swiss mother or father is Swiss from birth, wherever they are born (Art. 1 SCA). If the child is born abroad, report the birth to a Swiss representation before the child's 25th birthday, or the citizenship can lapse (Art. 7 SCA).

Stepchildren. Your children from a previous relationship can join you under Art. 42 para. 1 with Art. 47 FNIA. Custody is central: with sole custody, reunification is in principle possible; with joint custody and the other parent abroad, their consent and the child's welfare are considered (Art. 47 para. 4 FNIA). See birth of a child in Switzerland.

Same-sex couples and registered partners

Since 1 July 2022, same-sex couples can marry in Switzerland, with exactly the same immigration consequences. Art. 42 FNIA is gender-neutral.

New registered partnerships (Partnership Act, SR 211.231) are no longer possible, but existing ones continue and can be converted into a marriage by a simple procedure. Art. 52 FNIA treats registered partnership like marriage, so Art. 42 to 47 FNIA apply.

Marriages abroad

A marriage concluded abroad is recognised if it was valid where it took place and does not clearly breach Swiss public policy (Art. 45 PILA). You will need:

  • an authenticated foreign marriage certificate, with an apostille or legalisation depending on the country;
  • a translation into a Swiss official language by a sworn translator;
  • to submit it to the cantonal civil registry office for entry in the Swiss register (Infostar).

Some marriages are not recognised, or only in part:

  • child marriages: a marriage abroad by a minor can be ineffective or annulled (Art. 105 CC with Art. 45a PILA);
  • polygamous marriages, where they breach public policy;
  • religious marriages not recognised by the state where they took place;
  • proxy marriages, assessed case by case.

In unclear cases, ask the civil registry office or a lawyer in the cantonal bar register.

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