The B residence permit

The B permit is Switzerland's most common residence permit: a temporary permit tied to a specific purpose, such as a job, study or family. How you get it depends on your passport. EU/EFTA nationals have a right to it under the free movement agreement, usually valid for five years; third-country nationals depend on the authorities' discretion, quotas and proof that no local worker was available, and usually get one year at a time. After five or ten years, depending on your situation, you can apply for a C settlement permit.

In short

• What it is: a temporary residence permit for a specific purpose (Art. 33 FNIA), renewable if there are no grounds for revocation (Art. 62 FNIA).
• EU/EFTA nationals: a legal right under the AFMP. With a contract of at least 12 months or an open-ended one, the permit is valid for five years. No quotas, no priority check.
• Third-country nationals: no legal right. Quotas (Art. 20 FNIA), priority for local workers (Art. 21 FNIA) and personal requirements (Art. 23 FNIA) apply. Usually valid for one year.
• Renewal: apply in good time, 2 to 3 months before expiry is recommended. Dependence on social assistance can block renewal (Art. 62 para. 1 lit. e FNIA).
• Absence: the permit ends if you stay abroad for more than six months without asking for an extension first (Art. 61 para. 2 FNIA).

What the B permit is, and what it is not

Under Art. 33 of the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20), the B permit is issued for a temporary stay with a specific purpose. It may carry conditions, is generally valid for one year and can be renewed if there are no grounds for revocation under Art. 62 FNIA.

• It is not permanent. The C settlement permit (Art. 34 FNIA) has no expiry date. A B permit lapses if you do not renew it in time.
• It is not an L permit. The L short-term permit (Art. 32 FNIA) is for stays of up to one year and not aimed at long-term residence.
• It is tied to a purpose (Art. 33 para. 2 FNIA), such as work, study or family reunification. Changing purpose needs a new permit (Art. 54 OASA).

The main legal texts are the FNIA of 16 December 2005, the Ordinance of 24 October 2007 on Admission, Residence and Employment (OASA, SR 142.201), the Agreement of 21 June 1999 on the free movement of persons (AFMP, SR 0.142.112.681) and its implementing Ordinance of 22 May 2002 (VFP, SR 142.203).

See the FNIA and OASA terms glossary and the AFMP/VFP glossary.

Two systems: EU/EFTA and third countries

EU/EFTA nationals (AFMP)

Nationals of the EU-27 and the EFTA states (Iceland, Liechtenstein, Norway) have a legal right to a residence permit if they meet the AFMP conditions in Annex I:

• Art. 6 Annex I AFMP: employees;
• Art. 12 Annex I AFMP: self-employed people;
• Art. 24 Annex I AFMP: people without work who have enough money and health insurance.

Since Brexit, the United Kingdom is no longer covered by the AFMP. Switzerland and the UK have an agreement protecting the rights of people already living in Switzerland before 31 December 2020, and an agreement on the mobility of service providers.

Third-country nationals (FNIA)

Everyone else falls under the FNIA. There is no legal right to a B permit; the authorities decide at their discretion, subject to:

• quotas (Art. 20 FNIA, OASA Annex 1 and 2);
• priority for local workers (Art. 21 FNIA);
• personal requirements, such as qualifications, language and integration (Art. 23 FNIA);
• the economic interest of the employment (Art. 18 FNIA).

The employer must show that no suitable worker was available locally, including Swiss nationals, permanent residents, B holders allowed to work, and EU/EFTA nationals (Art. 21 para. 1 FNIA).

Third-country nationals: the requirements

Priority for local workers (Art. 21 FNIA)

You may only be admitted to work if no suitable worker can be found in Switzerland or in a state with a free movement agreement. The employer usually has to:

• advertise the job nationally, usually through the regional employment centres (RAV) and industry channels;
• document the unsuccessful search, including applications received and why they were rejected;
• explain why the qualification is specific.

Quotas (Art. 20 FNIA, OASA Annex 1 and 2)

Each year the Federal Council sets the maximum number of B permits for third-country nationals, and a separate quota for L permits (up to 12 months), split among the cantons with extra federal quotas for peaks. Once a quota is used up, you can be refused even if you meet every other condition.

Permits for work (Art. 18 to 24 FNIA)

• Art. 18 FNIA: employment. The employer applies, the job must be in the overall economic interest, and the usual pay and working conditions must be met (Art. 22 FNIA).
• Art. 19 FNIA: self-employment.
• Art. 23 FNIA: managers, specialists and other qualified workers.

In practice, these permits go to highly qualified people; unskilled jobs are the exception.

Permits not linked to work

• Study (Art. 27 FNIA): enrolment at a recognised institution, enough money, suitable accommodation and personal requirements.
• Retirees (Art. 28 FNIA): at least 55 years old, special personal ties to Switzerland, enough money, and no work.
• Hardship cases (Art. 30 FNIA): exceptions to the admission rules for serious personal hardship.
• Family reunification (Art. 42 to 52 FNIA): see below.

Language

• First B permit, not for family reunification: no uniform federal language requirement; cantonal practice varies.
• Family reunification: Art. 44 para. 1 lit. d FNIA requires spoken A1 in the local language, or enrolment in a language course.
• Renewals: language and integration can count when you renew repeatedly (Art. 58a FNIA).
• Early C permit (Art. 34 para. 4 FNIA): A1 written and B1 oral in the local national language (Art. 62 para. 1bis OASA).

Recognised certificates (fide, telc, Goethe, DELF/DALF, CELI and others) are set out in the Ordinance on the Integration of Foreign Nationals (VIntA, SR 142.205).

EU/EFTA nationals: the requirements

Employees (Art. 6 Annex I AFMP)

With a contract with a Swiss employer of at least 12 months, or an open-ended contract, you receive a B EU/EFTA permit valid for five years (Art. 6 para. 1 Annex I AFMP with Art. 4 AFMP). You need:

• a valid ID or passport;
• your employment contract or an employer's confirmation;
• diplomas, if your profession is regulated.

Priority for local workers and quotas do not apply to you.

Self-employed (Art. 12 Annex I AFMP)

You have a right to a B permit if you show that you are genuinely self-employed, for example through registration in the commercial register or with the AHV compensation fund, a business plan, bank statements, and customer or order documents.

Not working (Art. 24 Annex I AFMP)

Retirees, students and others without work have a right to a permit if they:

• have enough money not to need social assistance; and
• have health insurance covering the full range of benefits usual in Switzerland.

"Enough money" is measured in practice against supplementary benefit (SB) rates, which vary by canton.

Family reunification (Art. 3 Annex I AFMP)

The AFMP is much more generous than the FNIA:

• eligible family members are the spouse, registered partner, descendants under 21 or dependent, and dependent ascendants;
• you need suitable housing (Art. 3 para. 1 Annex I AFMP), as defined by cantonal practice.

In BGE 136 II 5 (following the EU "Metock" case law), the Federal Supreme Court held that third-country family members of EU citizens can also benefit from AFMP family reunification.

Renewing your B permit

When to apply

Your permit ends on its expiry date (Art. 61 para. 1 lit. c FNIA). Under Art. 59 OASA you must apply to extend it in good time. Cantonal practice and SEM guidelines recommend applying 2 to 3 months before expiry, and at the latest 14 days before.

If you are late, your canton may charge a fee, and you may be in a legal grey zone between the old permit's expiry and the new one, which can cause problems for your job and social insurance.

Conditions (Art. 33 and 62 FNIA)

Your permit is renewed if:

• the original purpose still applies (job, studies, family ties);
• there are no grounds for revocation under Art. 62 FNIA;
• for third-country nationals, you meet the integration criteria of Art. 58a FNIA: respect for public safety and order and constitutional values, language skills, and work or education.

Social assistance

Under Art. 62 para. 1 lit. e FNIA, dependence on social assistance by you or someone you are responsible for is a ground for revocation or non-renewal. Migration offices check this closely. Longer dependence leads to a hearing and a real risk to your renewal. Federal Supreme Court case law looks at how long, how much, and whether you were at fault.

Revocation and non-renewal

Grounds (Art. 62 para. 1 FNIA)

The authority may revoke any permit except the C permit if you:

• a. or your representative gave false information or hid important facts in the permit procedure;
• b. were sentenced to a long prison term or a criminal measure under Articles 59 to 61 or 64 of the Swiss Criminal Code;
• c. seriously or repeatedly breached or endangered public safety and order in Switzerland or abroad, or endangered internal or external security;
• d. did not comply with a condition attached to the permit;
• e. or someone you are responsible for depend on social assistance;
• f. abusively married, or entered a registered partnership, to get around the admission rules;
• g. did not comply with an integration agreement without good reason.

Art. 62 para. 2 FNIA limits revocation where it would rest only on an offence for which a Swiss court imposed a penalty or measure that was suspended.

Proportionality (Art. 96 FNIA)

When using its discretion, the authority must weigh public interests, your personal circumstances and your integration (Art. 96 para. 1 FNIA). Whether revocation is proportionate is a key question.

Appeals

Revocation or non-renewal is decided by a written, reasoned ruling of the cantonal migration office, with information on how to appeal. The appeal deadline is generally 30 days under cantonal administrative procedure law. After cantonal remedies, you can appeal to the Federal Supreme Court; Art. 83 let. c no. 2 of the Federal Supreme Court Act limits appeals in immigration matters. Consult a lawyer registered in your canton.

From B to C

The C settlement permit (Art. 34 FNIA) is unlimited and has no conditions (Art. 34 para. 1 FNIA).

• Ordinary route (Art. 34 para. 2 FNIA): at least ten years in Switzerland on a short-term or residence permit, including the last five years continuously on a residence permit, and the integration criteria of Art. 58a FNIA.
• Settlement agreements: nationals of states with a settlement agreement receive a C permit after five years of uninterrupted residence on a B permit. The states listed include the USA, Canada, the United Kingdom, Germany, Austria, France, Italy, Spain, Portugal, the Netherlands, Belgium and Liechtenstein, among others. Check with your cantonal migration office.
• Early C permit (Art. 34 para. 4 FNIA): after five years, if you are successfully integrated (Art. 58a FNIA, in particular B1 oral and A1 written in the local language) and there are no grounds for revocation under Art. 62 FNIA.

See the C settlement permit for details.

Changing canton or address

Third-country nationals (Art. 37 FNIA). To move to another canton, you must apply for a new permit in the new canton (Art. 37 para. 2 FNIA). It is granted if there are no grounds for revocation and you do not depend on social assistance. It is not guaranteed: the new canton uses its own discretion.

EU/EFTA nationals. You have a right to move to another canton. Register with the new canton, which issues the new permit. It can only refuse on serious grounds of public safety or order.

Within your canton. Report a change of address to your municipality under municipal rules. The cantonal migration office is usually informed automatically.

Family reunification

Third-country B permit holders

Under Art. 44 FNIA, spouses and unmarried children under 18 may be allowed to join you (there is no entitlement) if:

• you live together (Art. 44 para. 1 lit. a FNIA);
• your housing is big enough under cantonal practice;
• you do not depend on social assistance (lit. c);
• they have at least spoken A1 or are enrolled in a language course (Art. 44 para. 1 lit. d FNIA; Art. 73a OASA).

Deadlines under Art. 47 FNIA:

• spouses and children under 12: within five years;
• children aged 12 to 18: within twelve months.

The deadlines start when the family relationship arises or when the B permit is issued.

EU/EFTA B permit holders

AFMP family reunification (Art. 3 Annex I AFMP) is broader, covering relatives in the descending and ascending line, and its deadlines are less strict.

See marriage to a Swiss national, marriage between two foreign nationals resident in Switzerland and birth of a child in Switzerland.

Travel

Re-entry. A valid B permit lets you re-enter Switzerland. Carry your passport and your B permit. You may need a visa to transit certain third countries, but not to re-enter Switzerland itself.

Schengen travel. Third-country nationals with a B permit can stay in other Schengen states for up to 90 days in any 180-day period without a visa (Schengen Borders Code). The days are added up across all Schengen states. For longer stays you need a residence permit from the other country.

Long absences. Your B permit ends if you live abroad for more than six months without a break (Art. 61 para. 2 FNIA). You can ask for an extension of this period before the six months run out. EU/EFTA holders have more generous rules, but must keep their centre of life in Switzerland.

Tax and social insurance

Withholding tax. B permit holders, EU/EFTA and third-country alike, are generally taxed at source: the employer deducts tax from your salary. If your gross annual income is above CHF 120,000 (as of 1 January 2024 in most cantons), a subsequent ordinary assessment follows. If you are taxed jointly with a Swiss spouse or a C permit holder, you are taxed normally instead. Double taxation agreements may add special rules.

Social insurance. If you live in Switzerland on a B permit, you must be insured under:

• AHV (old age and survivors' insurance), IV (disability insurance) and EO (income compensation);
• ALV (unemployment insurance), if employed;
• UV (accident insurance), through your employer;
• BVG (occupational pension), if you earn above the entry threshold (CHF 22,050 as of 01.01.2024).

You must take out basic health insurance (KVG) within three months of taking up residence (Art. 3 KVG).

Common mix-ups

Third-country and EU/EFTA B permits:

B refugee permit. A recognised refugee receives a B permit under Art. 60 AsylA. It is not revoked while asylum lasts, gives more social and integration rights, and comes with a refugee travel document (Art. 59 FNIA, Art. 1 of the Travel Document Ordinance). See recognised refugee in Switzerland.

G permit. The G cross-border permit (Art. 35 FNIA) is for people who work in a Swiss border region but live in a neighbouring country. It is a work permit with a daily or weekly return home, not a residence permit.

Ci permit. The Ci permit (Art. 22 para. 3 of the Host State Act) is for spouses and children of diplomats and staff of international organisations. It allows work but depends on the main person's status.

Cantonal procedures

Granting, renewing and revoking B permits is a cantonal task (Art. 88 FNIA, with Art. 121 Cst.). Under Art. 121 para. 1 Cst., the Confederation legislates on entry, exit and residence; the cantons apply the law under SEM supervision (Art. 109 FNIA). Each canton has a migration office (Office cantonal de la population, Ufficio della migrazione or similar).

• Registering: in most cantons within 14 days of arriving (Art. 12 FNIA, Art. 9 OASA); some require 8 days. Late registration can lead to a fee and, if repeated, a note in your file.
• Fees: a cantonal fee (usually CHF 100 to 200) and a federal fee (usually CHF 90 to 140), set in cantonal fee ordinances.
• Processing time: simple renewals take 2 to 4 weeks in some cantons; complex first permits usually take 2 to 4 months.
• Language: the canton's official language: German, French, Italian, or Romansh where relevant in Graubünden.

Documents to prepare

Typical documents:

• identity: valid passport; birth certificate with apostille or legalisation; for spouses, a marriage certificate with apostille or legalisation and a certified translation into a Swiss official language;
• housing: rental agreement or proof of ownership, and the municipal registration confirmation;
• employment: contract, the last three to six payslips, employer's confirmation; for the self-employed, also a commercial register extract, AVS registration, and balance sheet and profit and loss account for the last two years;
• money (non-workers, students, retirees): bank statements, scholarship or pension confirmation, proof of health insurance;
• criminal record extract: for first permits of third-country nationals, from your home country and every country you lived in during the last five years;
• integration: language certificate if relevant, proof of language course attendance for family reunification, and, depending on the canton, confirmation of integration measures such as a welcome session.

Incomplete files cause delays. If your file stays incomplete, the procedure can be suspended (Art. 13 of the Federal Act on Administrative Procedure).

Which B permit do you have?

Your permit card shows the category. The rules on work, family and the C permit differ between them:

• B EU/EFTA: based on the AFMP;
• B third-country, work: FNIA Art. 18, 19 and 23;
• B third-country, family reunification: FNIA Art. 42 to 52;
• B third-country, study: FNIA Art. 27;
• B third-country, retiree: FNIA Art. 28;
• B third-country, hardship case: FNIA Art. 30 para. b;
• B refugee: AsylA Art. 60.

This page reflects federal law as of 1 January 2024. Quotas, thresholds and cantonal practice change each year.