If your permit is based on your marriage and the marriage ends, you can still stay in Switzerland in two situations: the marriage lasted at least three years and you are well integrated, or important personal reasons, such as domestic violence, make staying necessary. Both routes are in Art. 50 of the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20).
In short
- Who it covers: third-country nationals whose right to stay comes from marriage to a Swiss citizen, a C permit holder or a B permit holder (Art. 42, 43 or 44 FNIA). EU/EFTA nationals fall under Annex I of the AFMP instead.
- Route 1: at least 3 years of marital community plus successful integration (Art. 50 para. 1 lit. a FNIA).
- Route 2: important personal reasons, such as domestic violence or serious risk to your reintegration at home (Art. 50 para. 1 lit. b and para. 2 FNIA).
- Tell the migration office about any change in your marriage without delay (Art. 90 FNIA).
- Appeal deadlines are short, typically 30 days, so get legal advice quickly if your permit is at risk.
Who this applies to
Art. 50 FNIA covers the spouse of a Swiss citizen (Art. 42 FNIA, B permit), of a C permit holder (Art. 43 FNIA) or of a B permit holder (Art. 44 FNIA, B permit through family reunification).
Route 1: three years of marriage and integration
Your permit continues if:
- your marital community lasted at least 3 years, and
- you are successfully integrated under Art. 58a FNIA.
Marital community is not the same as marriage. It ends when you start living apart, which can be long before the divorce. The 3 years run from the wedding if you married in Switzerland, or from a wedding abroad if you then actually lived together in Switzerland.
Integration under Art. 58a FNIA covers:
- respect for the values of the Federal Constitution;
- language skills (typically spoken A2 in the local language, which matters mainly for a later C permit);
- taking part in economic life or education: a job, self-employment, an apprenticeship or caring for children;
- compliance with Swiss law;
- family responsibility.
Geneva tends to assess integration in a more nuanced way; some German-speaking cantons are stricter.
Route 2: important personal reasons
Even before 3 years, your permit can be extended if important personal reasons make staying in Switzerland necessary. Art. 50 para. 2 FNIA names in particular:
- domestic violence during the marriage, including psychological violence and coercion;
- serious risk to your social reintegration in your country of origin.
Domestic violence can be shown with medical certificates, police reports, protection orders, confirmation from a women's shelter or similar evidence.
Common situations
- Separation before 3 years: Route 1 is not available, only Route 2. Without documented domestic violence or something comparable, the outcome is uncertain.
- Divorce after a long marriage with children in school here: in practice the chances tend to be good if you can show integration and can support yourself.
- Death of your Swiss spouse: your permit may be extended under Art. 50 FNIA (important personal reasons), or you may already have your own basis for staying.
- Permanent separation without divorce also ends the marital community. The migration office usually establishes this by asking both spouses and looking at the evidence.
What to do
- Tell the cantonal migration office about the change in your marriage without delay (duty to cooperate, Art. 90 FNIA).
- Expect a review, usually at your normal renewal, though the office can review earlier.
- Get legal advice straight away if you risk losing your permit. Appeal deadlines are typically 30 days.
After your permit is extended under Art. 50 FNIA, the deadline in Art. 47 FNIA still applies if you later want to bring your own children or a new spouse: 5 years for family reunification. See the FNIA and OASA glossary of terms and the deadlines table.
Practice in some cantons
| Canton | Note |
|---|---|
| Zurich | Strict on evidence under Route 2; domestic violence must be documented |
| Bern | Similar to Zurich, with some nuance on children's integration |
| Vaud | Relatively open where children's integration and work are shown |
| Geneva | Nuanced; evidence from women's shelters and social centres (CSP) is accepted |
| Basel-Stadt | Standard practice; good legal representation recommended |
| Ticino | Its own practice |
Where to get help
- Domestic violence: women's shelters (listed by the Swiss Conference against Domestic Violence), Männer.ch and LGBTQ+ helplines. See emergency contact points for persons at risk. In acute distress, call 143.
- Legal help: cantonal legal advice centres and bar associations offer first consultations, for example through the Swiss Bar Association or the Zurich Bar Association.
- Procedural questions: your cantonal migration office.