FNIA and OASA

The Federal Act on Foreign Nationals and Integration (FNIA) is the main Swiss law on entry, residence and work for people without Swiss citizenship. The Ordinance on Admission, Residence and Gainful Employment (OASA) fills in the practical details. This glossary explains the permit types and the key terms these two texts use, so you can follow the rest of the site. It describes the law in general; it does not say what applies to you.

In short

• The FNIA (SR 142.20) covers foreign nationals unless a treaty or special law applies. EU/EFTA nationals are covered first by the free movement agreement (AFMP), asylum seekers by the Asylum Act (AsylA).
• The OASA (SR 142.201) sets procedures, deadlines, evidence and quotas, such as the 14-day registration deadline.
• Permits: L (short stay), B (residence), C (settlement), G (cross-border), plus F, N and S in the asylum field and Ci for families of international organisation staff.
• The cantons grant permits (Art. 40 FNIA); the SEM approves some decisions and sets directives.
• Integration (Art. 58a FNIA) is checked at renewal and when moving from B to C.

The FNIA

The FNIA (SR 142.20) dates from 16 December 2005 and came into force on 1 January 2008. Since a revision on 1 January 2019, integration is part of its name and its content; before that it was the Federal Act on Foreign Nationals (FNA). It governs entry, residence, work and integration of foreign nationals, and the grant, renewal and revocation of permits (Art. 1 FNIA).

Who it covers (Art. 2 FNIA)

The FNIA applies unless other federal law or an international treaty applies (Art. 2 para. 1 FNIA):

• EU/EFTA nationals: the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681) takes precedence where it is more favourable (Art. 2 para. 2 FNIA). See the AFMP glossary.
• Asylum seekers and refugees: the Asylum Act (AsylA, SR 142.31) takes precedence where it has special rules. See the Asylum Act glossary.

How the FNIA is organised

The chapters follow the course of a stay. Articles have been moved, inserted (such as 30a, 58a, 58b) or repealed over the years, so check the current text for exact boundaries.

• General provisions (Art. 1 FNIA and following): purpose, scope, basic concepts.
• Entry (Art. 5 FNIA and following): entry conditions, visas, entry bans.
• Permits and registration (Art. 10 FNIA and following): who needs which permit, registration, employers' duties.
• Admission to work (Art. 18 FNIA and following): conditions for third-country nationals, personal qualifications (Art. 23 FNIA), priority for local workers, quotas.
• Permit types (Art. 32 FNIA and following): L, B, C, G; exceptions and hardship cases in Art. 30 FNIA.
• Renewal and procedure (Art. 33 para. 3, Art. 40 and Art. 41 FNIA): renewal conditions, which authority decides, the foreigner identity card.
• Family reunification (Art. 42 FNIA and following): spouses and children of Swiss citizens, C holders and B holders, the end of a marriage, marriages of convenience.
• Integration (Art. 53 FNIA and following): promotion, criteria (Art. 58a FNIA), integration agreement (Art. 58b FNIA).
• Expiry and revocation (Art. 61 FNIA and following): when a permit ends or is withdrawn, removal.
• Provisional admission (Art. 83 FNIA and following): F status and the move from F to B.
• Data (Art. 102 FNIA and following): SEM and cantonal databases.
• Criminal provisions (Art. 115 FNIA and following): unlawful entry and stay, helping others to do so, marriages of convenience.

Key principles

Permit types

This section explains what each permit is, not who is entitled to it.

L: short-term residence permit

• Law: Art. 32 FNIA.
• Validity: up to one year, extendable to 24 months in total, longer in special cases (OASA and cantonal practice).
• Who: third-country and EU/EFTA nationals. For EU/EFTA nationals it usually matches a fixed-term job contract of under one year.
• Work: tied to the purpose (a job, training, treatment). A new purpose needs a new permit.
• More: the L permit, including au pairs, trainees, artists, short internships and medical treatment.

B: residence permit

• Law: Art. 33 FNIA.
• Validity: usually one year at first for third-country nationals; five years for EU/EFTA nationals with an open-ended contract or one of at least a year. Renewable under Art. 33 para. 3 FNIA.
• Work: allowed, but the permit is tied to a purpose (work, family, study). A third-country national may need a new cantonal permit to change employer; see changing employer.
• Renewal: the purpose must continue, there must be no grounds for revocation under Art. 62 FNIA, and you must be integrated (Art. 58a FNIA).
• More: the B permit.

C: settlement permit

• Law: Art. 34 FNIA.
• Validity: unlimited. The card is renewed periodically as an identity check, not a new review.
• Who: usually after ten years of uninterrupted residence on a B; after five years with successful integration or under a settlement agreement with your state. Spouses and minor children of Swiss citizens have a right to it after five years (Art. 42 para. 3 FNIA).
• Work: free, with no tie to an employer or purpose. Self-employment needs no permit.
• Expiry: after six months abroad, unless you asked for an extension first (Art. 61 FNIA).
• More: the C permit.

Ci: permit for families of international organisation staff

• Law: the Host State Act of 22 June 2007 (HSA, SR 192.12), the Host State Ordinance (HSO, SR 192.121) and headquarters agreements; the FNIA applies in the background.
• Who: spouses, registered partners and children of people working for international organisations, permanent missions, embassies or consulates who hold an FDFA legitimation card.
• Validity: as long as the main person's posting or job, renewed with it.
• Work: allowed. That is the point of the Ci: it lets family members work as employees or self-employed under the headquarters agreement and the HSO.
• More: the Ci permit.

F: provisional admission

• Law: Art. 83 and Art. 84 FNIA.
• What it is: not a residence permit in the strict sense, but a substitute for a removal that cannot be carried out because it is not allowed, not reasonable or not possible.
• Who: people whose asylum application was rejected, or who face removal, but whose removal is blocked (non-refoulement, personal danger, humanitarian reasons, practical impossibility).
• Validity: twelve months, renewable each time (Art. 85 FNIA).
• Work: allowed. Since 1 January 2019 it only has to be registered with the cantonal migration office, rather than approved.
• F to B: possible under Art. 84 para. 5 FNIA with Art. 30 FNIA if you meet the hardship criteria, typically after several years and with good integration.
• More: the F permit.

N: asylum seekers

• Law: Art. 42 AsylA, the right to stay until the asylum procedure ends.
• Validity: for the length of the procedure. It ends with asylum, provisional admission or a final removal decision.
• Work: limited. No right to work while living in a federal centre; otherwise the FNIA applies (Art. 43 AsylA).
• More: the N permit.

S: temporary protection

• Law: Art. 66 AsylA and following. The Federal Council decides whether, and on what criteria, groups in need of protection receive it.
• Who: currently people from Ukraine, their family members, and some third-country nationals who were protected in Ukraine.
• Validity: set by the Federal Council. For Ukraine it has been extended; check the SEM for the current end date. The Federal Council can lift it, usually with a transition period.
• Work: allowed with no waiting period; the employer registers it with the cantonal migration office.
• More: S status for people from Ukraine.

G: cross-border commuter permit

• Law: Art. 35 FNIA; for EU/EFTA nationals also Annex I Art. 7 AFMP.
• Who: people who live abroad (third-country nationals: in the border zone of a neighbouring state) and work in Switzerland.
• Validity: EU/EFTA: five years with an open-ended contract or one of at least a year, one year for shorter contracts. Third-country nationals: usually one year, tied to the job, with stricter conditions.
• Commuting: you must return home regularly: third-country nationals at least once a week (Art. 35 FNIA), EU/EFTA nationals in principle daily or at least weekly. If you stop commuting, you must apply for an ordinary residence permit.
• More: the G permit.

Overview

The OASA

The Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment (OASA, SR 142.201) is the main implementing ordinance of the FNIA. It adds procedure, formal requirements, evidence and quotas. The French and Italian name is also OASA.

Two examples of what it adds: the FNIA mentions hardship cases briefly in Art. 30, while Art. 31 OASA lists the criteria (see hardship cases under Art. 30 FNIA). And the FNIA creates the duty to register in Art. 12, while Art. 10 OASA sets the deadline and the details.

The OASA is revised more often than the FNIA. Its main parts:

• purpose and definitions (Art. 1 OASA and following);
• permits and registration (Art. 9 OASA and following: permit-free stays, registration in Art. 10 OASA, deregistration, change of address);
• admission to work (quotas, priority for local workers, pay and working conditions);
• stays without work (pensioners, students, medical treatment);
• family reunification (including Art. 73 OASA on deadlines for B holders, and housing and language rules linked to Art. 42 FNIA and following);
• integration (with the Integration Ordinance, IntO, SR 142.205; language certificates in Art. 77d OASA);
• expiry, revocation and removal;
• procedure, permit cards and data.

Key terms

B or C

The B permit (Art. 33 FNIA) is limited in time and tied to a purpose. Renewal needs that purpose to continue and integration. The C permit (Art. 34 FNIA) is unlimited and tied to nothing: not an employer, a spouse or a family situation. It only ends after six months abroad (Art. 61 FNIA) or by revocation, which has a high threshold (Art. 63 FNIA). People sometimes mix up the terms; the letter B or C on your card is what counts.

Gainful employment

The FNIA defines work broadly: employment, self-employment, short assignments, paid internships and apprenticeships. Under Art. 11 FNIA, anyone who wants to work in Switzerland needs a permit, whatever the length or pay, unless an exception applies. For third-country nationals, Art. 14 OASA requires a permit for cross-border services over eight days a year; EU/EFTA nationals can use an online notification for up to 90 working days a year.

Family reunification

Your family's rights depend on the status of the person already in Switzerland:

You must in principle live together (Art. 49 FNIA allows exceptions for important reasons). Since 1 January 2019, a spouse joining a C or B holder must show A1 in an official language before entry, or sign up for a language course (Art. 43 para. 1 let. d and Art. 44 para. 1 let. d FNIA).

The five-year deadline to apply (Art. 47 FNIA), counted from when the right arose, is strict. Missing it normally means losing the right, unless there are important family reasons.

See marriage to a Swiss citizen, marriage between two foreign residents and birth of a child in Switzerland.

Integration

Integration plays two roles:

1. A public goal (Art. 4 FNIA): good coexistence between Swiss and foreign residents, shared by the Confederation, cantons and municipalities. Integration support is set out in Art. 53 FNIA and following.
2. A permit condition (Art. 58a FNIA): at renewal and on the move from B to C, the authority looks at respect for public security and order, respect for the values of the Federal Constitution, language skills, and taking part in economic life or education.

The language levels are set in the Integration Ordinance (IntO, SR 142.205), the OASA (Art. 77d OASA lists recognised certificates) and SEM directives. The level you need depends on the step and the authority's discretion; check current SEM directives and your canton. See the integration agreement and language certificates A1, A2, B1 and fide.

Hardship case (Art. 30 para. 1 let. b FNIA)

The canton can depart from the normal admission conditions in a serious personal hardship case or for important public interests (Art. 30 para. 1 let. b FNIA). It is discretionary, needs SEM approval, and there is no right to it. Art. 31 OASA lists the criteria: integration, respect for the law, family, finances, length of stay, health and chances of reintegration at home. See hardship cases.

Priority for local workers (Art. 21 FNIA)

A third-country national can be hired only if the employer shows that no one with priority (Swiss, EU/EFTA, or residents with labour-market access) could be found, usually through documented job ads and recruitment efforts. This does not apply to EU/EFTA nationals. For skilled workers, the FNIA also sets personal requirements (Art. 23 FNIA: qualifications and ability to adapt), and Art. 30 FNIA allows narrow exceptions.

Precedence of the AFMP

For EU/EFTA nationals and their families, the Agreement on the Free Movement of Persons of 21 June 1999 and the EFTA Convention take precedence where more favourable (Art. 2 para. 2 FNIA). In practice:

• no priority check for local workers;
• a five-year B with an open-ended contract or one of at least a year;
• family reunification from day one, including family members from third countries.

So the stricter rule for B holders in Art. 44 FNIA does not apply in the same way to EU/EFTA nationals.

Who decides (Art. 40 FNIA)

• Cantonal migration offices grant, renew and revoke permits and issue the card.
• The SEM approves and supervises in some cases, notably first admission of third-country nationals, hardship cases (Art. 30 FNIA) and quotas.
• Municipalities register residents and pass registrations on to the canton.

Processing times, documents and discretion vary a lot between cantons.

Registration (Art. 12 FNIA, Art. 10 OASA)

If you need an L, B or C permit, you must register at your place of residence before your permit-free stay ends or before you start work (Art. 12 para. 1 FNIA). If you move to a new canton or municipality, you register again there (Art. 12 para. 2 FNIA). Under Art. 10 OASA the deadline is fourteen days from entry. You must also deregister when you leave and report a change of address (among others Art. 15 OASA). See registering within 14 days and changing canton.

Social assistance and debts (Art. 62 and 63 FNIA)

Social assistance can be a reason to revoke or not renew a permit, but it does not end your right to stay automatically.

• B permit: Art. 62 FNIA allows revocation if you, or someone you must support, depend on social assistance on a lasting and substantial basis. There are no fixed thresholds; Federal Supreme Court case law applies, and the decision must be proportionate.
• C permit: under Art. 63 FNIA the bar is much higher. Lasting, substantial social assistance is a ground at any length of stay, subject to proportionality; integration deficits can lead to a downgrade to B. Serious breaches of public order also count.
• Renewal of a B: under Art. 33 para. 3 FNIA and Art. 58a FNIA, the authority checks whether social assistance stands in the way. Short-term reliance that is not your fault, for example through illness or childcare during a separation, is usually treated more leniently.

Debts and debt collection on their own do not lead to revocation under Art. 62 or 63 FNIA. They can count indirectly in the integration assessment at renewal. See debt collection and your permit, job loss and revocation of a permit.

SEM directives

The State Secretariat for Migration (SEM) issues directives so that the FNIA, OASA and AsylA are applied the same way everywhere. They bind the cantonal authorities, not you directly, but they are the best guide to how authorities will act. The main sets:

• FNIA I: admission and residence;
• FNIA II: integration (Art. 58a FNIA, language certificates, integration agreements, cantonal integration programmes);
• family reunification: Art. 42 FNIA and following, language, housing;
• citizenship: the Swiss Citizenship Act (SCA, SR 141.0).

They are published at www.sem.admin.ch/sem/de/home/publiservice/weisungen-kreisschreiben.html and updated regularly; each shows its date.

Cantonal migration offices

Each of the 26 cantons has its own migration office (in French-speaking cantons often the Office cantonal de la population et des migrations, in Ticino the Sezione della popolazione). Within federal law, they differ in processing times, required documents, how they use discretion (hardship, integration, social assistance), fees (set by cantonal law) and the languages they work in. Check your canton's own information.

Terms people often confuse

• FNIA or AsylA. The FNIA covers foreign nationals outside the asylum system; the AsylA covers the asylum procedure and temporary protection. You can move between them: a rejected application can lead to provisional admission (Art. 83 FNIA), and a long-term F holder can move to a B on hardship grounds (Art. 84 para. 5 with Art. 30 FNIA).
• Permit or status. A permit (B, C, L, F, Ci, G) is the document showing your right to stay and work. A status (S protection, refugee, provisional admission) is your underlying legal position. They can differ: a recognised refugee may hold a B permit marked "asylum".
• Lawyers and legal advice. The Federal Act on the Free Movement of Lawyers (LLCA, SR 935.61) governs the legal profession. Representing parties in court as a profession is reserved to lawyers under procedural law (see Art. 68 of the Civil Procedure Code, SR 272). Out-of-court advice is not reserved to lawyers, but anyone offering it commercially is liable under general rules (Art. 398 CO, SR 220; Art. 3 of the Unfair Competition Act, SR 241). For your own case, see a lawyer in the cantonal bar register.

In an emergency, such as imminent removal, arrest or a family crisis affecting your permit, contact a lawyer or a specialist service straight away, for example SOS Asylum, the Swiss Refugee Council (SFH/OSAR) or your canton's sans-papiers advice centre.

Related articles

• Naturalisation in Switzerland and the Citizenship Act glossary
• Divorce and your permit (Art. 50 FNIA)