A revocation of the residence or settlement permit usually strikes those affected unexpectedly and with serious consequences. This article explains under which conditions a revocation is permissible at all and which lines of defence are promising in practice.
The most common grounds for revocation
For the settlement permit (C permit), the requirements for a ground for revocation are in part stricter than for the residence permit (B permit); the hurdle for revocation tends to be higher for a permit that has already been consolidated.
The proportionality test
Even if a formal ground for revocation exists, the authority must always examine whether the revocation is proportionate. Among other things, the following are taken into account:
- Seriousness of the misconduct and risk of reoffending
- Length of presence in Switzerland and degree of integration
- Family situation, in particular the best interests of minor children
- Reasonableness of a return to the state of origin
Particularly in the case of long residence and close family ties in Switzerland, the proportionality test may come out in favour of the person concerned, even where a ground for revocation is formally met.
Receipt of social assistance as a ground for revocation
A frequently underestimated ground for revocation is the receipt of social assistance (Art. 62 para. 1 lit. e AIG). What matters is not every receipt of social assistance, but whether it is substantial and long-term and whether the person concerned is responsible for the need.
What to do if a revocation decision is threatened or has already been issued
- Check the deadline for a statement or appeal carefully and observe it
- Carefully document integration efforts, family ties and personal circumstances
- If you receive social assistance: document the causes and your efforts towards financial independence
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