B permit Switzerland under Art. 33 FNIA: eligibility for EU/EFTA and third-country nationals, procedure, duration, costs and refusals.
The B permit is the Swiss residence permit for stays lasting longer than one year. Its legal basis is Art. 33 of the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20). Under that provision the permit is granted for stays with a duration of more than one year. It is issued for a specific purpose of residence, may be tied to further conditions, is limited in time and is renewed provided that no grounds for revocation under Art. 62 para. 1 FNIA exist.
Below the B permit sits the L short-stay permit, which under Art. 32 FNIA covers stays of up to one year. Above it sits the C settlement permit, which under Art. 34 FNIA is granted for an unlimited period and without conditions. The B permit is therefore the standard status for everyone who works, studies or lives with their family in Switzerland for a longer period.
Who obtains a B permit, and on what terms, depends decisively on nationality. EU and EFTA nationals are covered by the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681), which gives them a legal entitlement. Third-country nationals fall under the FNIA with quotas, priority for domestic workers and qualification requirements; here there is no entitlement, only a discretionary decision by the authorities. This distinction shapes every step of the procedure.
Who is eligible — B permit Switzerland for EU/EFTA and third-country nationals
EU and EFTA nationals
The Agreement on the Free Movement of Persons applies. Anyone who can produce an open-ended employment contract or a contract of more than one year is entitled to a B permit. Validity is normally five years. Quotas and the priority rule under Art. 21 FNIA do not apply to this group.
A B permit is also possible without gainful employment. Economically inactive persons obtain it if they have sufficient financial means and are covered by health insurance in Switzerland. Students form a separate category and must show enrolment, financing and health insurance.
Third-country nationals
All other nationalities fall under the FNIA. There is no legal entitlement. The cantonal labour market authority and the cantonal migration office decide at their discretion, and the State Secretariat for Migration (SEM) must give its approval. The requirements are cumulative and are set out in detail below.
Further constellations
- Family reunification with Swiss nationals under Art. 42 FNIA, with holders of a C settlement permit under Art. 43 FNIA and with holders of a B residence permit under Art. 44 FNIA.
- Education and further training under Art. 27 FNIA, for example university studies or a recognised course of training, with proof of financing and adequate accommodation.
- Serious personal hardship under Art. 30 para. 1 let. b FNIA as an exception to the admission requirements.
- Persons with protection status S: if the Federal Council has not lifted temporary protection after five years, the canton grants a residence permit under Art. 74 para. 2 AsylA, limited in time until temporary protection is lifted.
Requirements in detail
For EU and EFTA nationals it is normally sufficient in practice to prove identity, produce an employment contract of more than one year or an open-ended contract, provide a residential address in Switzerland and take out compulsory health insurance. Economically inactive persons must additionally show sufficient financial means, and students must show enrolment.
For third-country nationals in salaried employment, the following requirements must all be met at the same time:
- Art. 18 FNIA: admission must serve the overall economic interest, an application from the employer must be on file, and the salary and working conditions must be complied with.
- Art. 20 FNIA: a quota unit must be available. The Federal Council sets the maximum numbers and the SEM allocates them to the Confederation and the cantons.
- Art. 21 FNIA: priority for domestic workers and for nationals of AFMP states must be demonstrated. This calls for a documented search, as a rule via the regional employment service, job advertisements and a reasoned assessment of the applications received.
- Art. 22 FNIA: salary, social benefits and working conditions must be customary for the locality, the occupation and the sector. Collective employment agreements, standard employment contracts and cantonal salary calculators are the benchmark.
- Art. 23 FNIA: only managers, specialists and other qualified workers are admitted. As a rule a university degree plus several years of relevant professional experience is required.
Self-employment is governed by Art. 19 FNIA and requires proof that the necessary financial and operational conditions are in place and that the activity makes a lasting contribution to the economy.
The procedure step by step
- Employer application: for third-country nationals the employer files the application with the cantonal labour market authority, enclosing the employment contract, job description, curriculum vitae, diplomas and documentation of the recruitment efforts.
- Labour market assessment: the cantonal labour market authority examines priority for domestic workers, salary and working conditions and the personal qualifications under Art. 21 to 23 FNIA.
- Quota and immigration assessment: the cantonal migration office examines the immigration law requirements and draws a unit from the cantonal quota under Art. 20 FNIA.
- SEM approval: in the cases provided for by federal law, the canton submits its positive preliminary decision to the State Secretariat for Migration for approval.
- Visa procedure: after approval the SEM authorises the competent Swiss representation abroad to issue a national visa for a long-term stay. Nationals of visa-exempt states enter without a visa.
- Registration with the municipality: after entry, registration with the residents registration office of the municipality of residence is required, as a rule within 14 days and before taking up employment.
- Issue of the permit card: the cantonal migration office records the biometric data and issues the B permit card.
For EU and EFTA nationals steps 1 to 5 do not apply. They register with their municipality after entry and present their identity document together with an employment contract or proof of means; the cantonal migration office then issues the B permit card.
Required documents
- Valid passport or identity card, with sufficient remaining validity in the case of third-country nationals.
- Completed application form of the competent canton, signed by the applicant and, where applicable, by the employer.
- Employment contract or binding offer of employment stating the workload, function and salary.
- Diplomas, references and curriculum vitae as proof of the qualifications required by Art. 23 FNIA.
- Documentation of the recruitment efforts for the priority rule, including notification of the vacancy to the public employment service.
- Tenancy agreement or confirmation of residence and proof of compulsory health insurance.
- For family reunification, additionally civil status documents, proof of suitable accommodation and information on the financial situation.
- For studies, confirmation of enrolment, proof of financing and, where applicable, proof of language skills.
- Translations and legalisations or apostilles to the extent required by the canton.
Duration and costs
Fees and processing times vary from canton to canton. The following figures are orders of magnitude and do not replace information from the competent cantonal migration office.
| Item | EU/EFTA | Third countries | Note |
|---|
| Validity on first issue | normally 5 years | normally 1 year | granted for a specific purpose of residence under Art. 33 FNIA |
| Renewal | normally by 5 years | normally by 1 year | only if no grounds for revocation under Art. 62 para. 1 FNIA exist |
| Processing time | a few weeks | several weeks to months | depends on the canton, the quota situation and SEM approval |
| Cantonal permit fee | around CHF 100–200 depending on canton | around CHF 100–200 depending on canton | additional fees for biometrics and card production are possible |
| National visa | not applicable | fee under federal law, around CHF 80–100 depending on the representation | only for nationalities subject to a visa requirement |
| Renewal application | to be filed before expiry | to be filed before expiry | deadline varies by canton, usually around two to three months in advance |
Rights and obligations
The B permit is initially valid only for the issuing canton. A change of canton is governed by Art. 37 FNIA and must be applied for at the migration office of the new canton; holders of a residence permit are entitled to it if they are not unemployed and no grounds for revocation under Art. 62 para. 1 FNIA exist.
EU and EFTA nationals may change jobs freely. Third-country nationals are bound to the authorised purpose of residence; a change of employer, a change of sector or a move into self-employment requires a new labour market assessment.
Further obligations concern notification of a change of address, changes of civil status and departure, all to be reported to the municipality of residence. Under Art. 61 FNIA the permit expires in particular upon deregistration and departure abroad, upon expiry of its validity, when a permit is issued in another canton, and where the holder leaves Switzerland for more than six months without deregistering. A longer stay abroad should be applied for in advance.
The rights attached to the permit include family reunification under Art. 44 FNIA, access to education and social insurance, and the path to a C settlement permit under Art. 34 FNIA. Under Art. 58a FNIA the cantons may assess integration criteria and conclude an integration agreement, which typically records language acquisition and participation in economic life.
Common reasons for refusal
- The cantonal quota under Art. 20 FNIA is exhausted, so the application is deferred to the next quota year or refused.
- Priority for domestic workers under Art. 21 FNIA is insufficiently documented because the vacancy was not advertised or notified in good time, or because the rejection of domestic applicants is not convincingly reasoned.
- The qualifications do not meet Art. 23 FNIA, for example because a university degree is missing or the professional experience is not relevant.
- The salary is below the level customary for the locality, occupation and sector under Art. 22 FNIA, or the stated workload is not plausible.
- Receipt of social assistance, indebtedness or unclear financial circumstances, in particular in family reunification cases and for economically inactive persons.
- Grounds for revocation under Art. 62 FNIA, such as false statements in the proceedings, breaches of public security and order, or failure to comply with an integration agreement.
What to do if your application is refused
The instructions on legal remedies in the decision are always decisive. They name the competent appeal body and the deadline. This is as a rule 30 days from notification of the decision; an appeal to the cantonal administrative court or to the Federal Administrative Court likewise has a 30-day deadline. The deadline is statutory and cannot be extended.
Before the Federal Supreme Court, an appeal in public law matters is excluded in permit cases where there is no legal entitlement to the permit. In those cases the subsidiary constitutional complaint remains available, in particular to allege a violation of constitutional rights.
It is often worth examining first whether the defect can be cured and a new application filed with better documentation, for example with updated evidence of recruitment efforts or an adjusted salary structure. How appeal proceedings are structured, which documents are needed and what to observe in order to meet deadlines is described in challenging an administrative decision.
When legal advice makes sense
Where there is a clear entitlement under the Agreement on the Free Movement of Persons, the procedure is usually straightforward. Legal representation makes a difference where discretion is exercised or deadlines are running:
- Discretionary decisions concerning third-country nationals, in particular the reasoning on the overall economic interest under Art. 18 FNIA and on qualifications under Art. 23 FNIA.
- Evidence on priority for domestic workers where the authority objects to the documentation of recruitment efforts.
- Hardship applications under Art. 30 para. 1 let. b FNIA, in which the personal situation must be presented in a structured and substantiated manner.
- Compliance with deadlines and drafting of appeals after a refusal or a threatened revocation under Art. 62 FNIA.
- Change of canton under Art. 37 FNIA as well as renewals after unemployment, separation or receipt of social assistance.
- Transitions between types of status, for example from protection status S or from an L short-stay permit to a B permit.
Sobiera Legal Consulting represents clients in such proceedings before cantonal migration offices, labour market authorities and the SEM. Fees are set according to the scope of the mandate and are recorded in writing before the mandate begins.
Related topics
Official sources
Frequently asked questions
What is the B permit in Switzerland?
The B permit is the residence permit for stays of more than one year. Under Art. 33 FNIA it is granted for a specific purpose of residence, is limited in time and may be tied to conditions. It is renewed provided that no grounds for revocation under Art. 62 para. 1 FNIA exist.
How long is a B permit Switzerland valid?
For EU and EFTA nationals the validity is normally five years. For third-country nationals the permit is normally issued for one year and renewed thereafter, provided the requirements continue to be met.
Do EU citizens have a legal entitlement to a B permit?
Yes. Under the Agreement on the Free Movement of Persons there is an entitlement to a B permit with an open-ended employment contract or a contract of more than one year. Economically inactive persons with sufficient financial means and health insurance, as well as students, can also obtain a B permit.
What requirements apply to third-country nationals?
There is no entitlement; the authorities decide at their discretion. The requirements are cumulative: overall economic interest and an employer application under Art. 18 FNIA, an available quota unit under Art. 20 FNIA, proof of priority for domestic workers under Art. 21 FNIA, salary and working conditions customary for the locality, occupation and sector under Art. 22 FNIA, and the personal qualifications under Art. 23 FNIA.
Can a B permit holder move to another canton?
A change of canton is governed by Art. 37 FNIA and must be applied for at the migration office of the new canton. Holders of a residence permit are entitled to change canton if they are not unemployed and no grounds for revocation under Art. 62 para. 1 FNIA exist.
When does a B permit expire?
Under Art. 61 FNIA the permit expires in particular upon deregistration and departure abroad, upon expiry of its validity, when a permit is issued in another canton, or when the holder leaves Switzerland for more than six months without deregistering. A longer stay abroad can be authorised on request.
How does a B permit lead to a C settlement permit?
Under Art. 34 FNIA usually after a total of ten years of residence with an L or B permit, the last five of which must have been continuously with a B permit. Early issue after five years of continuous B permit residence is possible where the person is integrated, no grounds for revocation exist and the person can communicate well in the national language spoken at the place of residence.