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Independent residence after separation, divorce or sponsor death

SwitzerlandLong-term residence

Explore the five recorded questions, answers and sources for this pathway.

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What exact status does accumulated residence lead to?

After dissolution of the marriage or family household, the spouse and children may keep/obtain a residence permit (under Art. 42, 43 or 44), a short stay permit (Art. 45 with Art. 32(3)) or temporary admission (Art. 85c(1)).

See recorded sources
Limits of the record
  • The cited provision does not mention the sponsor's death explicitly.

What qualifying residence period is required and when does the period begin?

The checked official sources did not provide enough route-specific evidence to confirm the qualifying residence period and when it begins.

See recorded sources
Limits of the record
  • No exact active official source record and country-scoped substantive capture were available for this route at execution time.

Which types of residence count fully, partially or not at all where the official rules specify this?

The checked official sources did not provide enough route-specific evidence to confirm which types of residence count towards the qualifying period.

See recorded sources
Limits of the record
  • No exact active official source record and country-scoped substantive capture were available for this route at execution time.

What absence/continuity rules affect accumulation of the qualifying residence period?

The checked official sources did not provide enough route-specific evidence to confirm the absence and continuity rules for the qualifying period.

See recorded sources
Limits of the record
  • No exact active official source record and country-scoped substantive capture were available for this route at execution time.

What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?

Important personal reasons can justify continued residence, in particular domestic violence, a marriage not entered freely, or seriously prejudiced social reintegration in the country of origin. The three-year route also requires oral skills in the local national language at least at A1. The time limit for a settlement permit is governed by Art. 34 FNIA; the rules apply mutatis mutandis to cohabiting partners admitted for serious personal hardship.

See recorded sources
  • https://fedlex.data.admin.ch/filestore/fedlex.data.admin.ch/eli/cc/2007/758/20260201/en/html/fedlex-data-admin-ch-eli-cc-2007-758-20260201-en-html-3.html
    important personal reasons make an extended residency in Switzerland necessary. 2 There are important personal reasons in terms of paragraph 1 letter b in particular if: a. the spouse or a child has been the victim of domestic violence, with regard to which the competent authorities shall take the following in particular into account: 1. recognition as a victim in terms as Article 1 paragraph 1 of the Victim Support Act of 23 March 2007 83 by the competent authorities, 2. confirmation of the need for support or protection from an agency specialising in domestic violence, generally publicly funded, 3. measures taken by the police or the courts to protect the victim, 4. medical or other specialist reports, 5. police reports and criminal complaints, or 6. criminal convictions; b. the spouse did not marry of his or her own free will; or c. social reintegration in the country of origin appears to be seriously prejudiced. 84 3 The time limit for being granted a settlement permit is governed by Article 34. 4 Paragraphs 1–3 apply mutatis mutandis to cohabiting partners who have been granted a residence permit to remain with their cohabitee in accordance with Article 30 paragraph 1 letter b because of serious personal hardship.
  • https://fedlex.data.admin.ch/filestore/fedlex.data.admin.ch/eli/cc/2007/759/20260612/de/html/fedlex-data-admin-ch-eli-cc-2007-759-20260612-de-html-2.html
    Der Anspruch nach Artikel 50 Absatz 1 Buchstabe a AIG besteht nur, wenn die Gesuchstellerin oder der Gesuchsteller nachweist, dass sie oder er in der am Wohnort gesprochenen Landessprache über mündliche Sprachkompetenzen mindestens auf dem Referenzniveau A1 des Referenzrahmens verfügt.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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