Loss of Swiss Residency Permit after Divorce

Citizens from third countries lose their B permit for family reunification if they divorce within less than three years of marriage. This situation can create significant challenges for employers – and even more for the employees themselves. Employees in this position will receive a deportation notice and must leave Switzerland, regardless of how long they have been employed.

Although divorce is a private matter, it is important for you as an employer to be aware of any separation or divorce involving employees from third countries (outside the EU/EFTA), who live in Switzerland. If you are informed in a timely manner, you may be able to “save” their permit by applying for an independent permit, which requires a separate application supported by proof of a search. However, it is not guaranteed that the independent permit will be granted. 

Proof of search entails that the employer advertises the position within the EU/EFTA for a minimum of three months and evaluates all applicants. If the employer is unable to find a suitable candidate during this process, he can justify the continued employment of the affected employee and the issuance of a new permit. This process is particularly delicate when the employee is already in the position that was advertised. Navigating this process and permit application requires a certain level of skill and sensitivity.

IHRS is happy to support you with this process and with further questions.