Country Update 2025: SWITZERLAND

Contributed by: Laure Baumann (Lenz & Staehelin)

May 2025

1. Legislative Changes

Regularisation of residence permits for victims of domestic violence

Until December 31, 2024, as per the Federal Act on Foreign Nationals and Integration (FNIA), foreigners whose Swiss residence permit depends on that of their spouse (i.e. in the frame of the family reunion) and who left their spouse because of domestic violence were only entitled to stay in Switzerland and receive their own Swiss residence permit (i.e. not linked to the family reunion) if, among other conditions, they were the spouse of a Swiss national or a holder of a settlement permit (C permit).

The FNIA has been amended, effective from 1^st January 1^st, 2025 in this respect. As per this amendment, foreigners who are victims of domestic violence are also entitled to stay in Switzerland and receive their own Swiss residence permit if, among other conditions, they were the spouse of a holder of a residence permit (B permit), a short-term permit (L permit) or of a foreigner who was provisionally admitted (F permit).

The previous wording ‘conjugal violence’ has also been replaced by ‘domestic violence’, which covers not only conjugal union, but also children born of such unions, registered partners and cohabitants. The law now explicitly recognizes various indicators of domestic violence, such as support or protection confirmations from specialized domestic violence agencies, medical reports, criminal complaints, and criminal convictions.

Thus, the amendment to the FNIA aims to improve the situation of victims of domestic violence.

2. Business Immigration

New bilateral agreement for intern and trainee exchanges

The Swiss Federal Council has signed a new bilateral agreement with the Government of the United States of America on the reciprocal exchange of interns and trainees. Pursuant to this new agreement, Swiss and American interns and trainees aged 18 to 35 may be eligible to participate in exchange programmes lasting between four to eighteen months. Candidates may include (i) graduates of an apprenticeship or post-secondary institution in the United States, and (ii) students enrolled in an apprenticeship programme of at least two year's duration or a post-secondary institution in the United States.

Exclusion of the scope of the Agreement on the Free Movement of Persons (AFMP) to a non-EU national spouse of a European national cross-border commuter

According to recent case law of the Swiss Federal Supreme Court, a non-EU spouse of an EU national cross-border commuter (i.e. an EU national who works in Switzerland while maintaining their residence in an EU country) does not have a derivative right to work in Switzerland under the AFMP. Although the non-EU spouse is considered a family member under the AFMP, they can only benefit from the right to work if the couple takes up residence in Switzerland.

Therefore, the non-EU national spouse cannot claim a right to work in Switzerland based solely on the cross-border commuter status of the EU national.

3. Family based immigration

See 2 above.

4. Asylum

European Pact on Migration and Asylum

As a Schengen/Dublin associated State, Switzerland has to participate in this reform in certain areas and therefore has to amend its national legislation. The Government welcomes this reform, as it considers that Switzerland, due to its geographical position, has a "vital interest in the establishment of an effective, crisis-resistant European asylum and migration policy". Five of the ten texts adopted are fully or partially binding on Switzerland. The compulsory solidarity mechanism for distributing asylum seekers among Member States, as provided by this reform, is not binding on Switzerland.

Analysis of asylum seekers' electronic data carriers

As of 1 April 2025, the State Secretariat for Migration (SEM) is authorised to analyse data from asylum seekers' mobile phones, computers or other electronic media in their possession if the applicant's identity, nationality or itinerary cannot be established in any other way. As part of their obligation to cooperate in the asylum procedure, asylum seekers are required to authorise the SEM to analyse their data, otherwise this circumstance is taken into account in the final decision on their asylum application.

5. Deportation

Increase in the number of deportations carried out

Switzerland strengthened its efforts to carry out involuntary deportations (4054 in 2023 to 4738 in 2024, +16%). It has also resumed deporting certain Afghan citizens back to Afghanistan.

6. Citizenship

No major issues in this area.