Will the divorce affect your possibility to stay in the country?

Spouses who have been granted a residence permit under the family reunification programme may in certain circumstances remain in Switzerland following a divorce.

The situation is simple for spouses with a settlement permit (permit C) as the divorce will not affect their right to remain in Switzerland.

The situation is much more complicated regarding spouses with a residence permit (permit B) as authorities have a certain degree of latitude in determining whether a spouse can stay in Switzerland following a divorce.

EU citizens can apply for a residence permit if they are employed in Switzerland or if they have sufficient financial means to live in the country.

Non-EU citizens may stay in Switzerland providing that the marriage lasted at least three years, the spouse can demonstrate successful integration in Switzerland and important personal circumstances make it necessary to continue living in Switzerland.

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This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.