Presence in Switzerland on B permit

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Unless a prior or exceptional approval is received from cantonal authorities, usually for important reasons (e.g. exchange studies, temporary job assignment overseas, military service, etc.), an authorization of temporary stay (type B) automatically expires six months after a foreigner leaves the Swiss territory, under article 61 of the Federal Act on Foreign Nationals and Integration (LEI):

2 If a foreign national leaves Switzerland without giving notice of departure, a short stay permit expires after three months, and a residence or settlement permit after six months. On request, a settlement permit may remain valid for a further four years.

The six months leading to the termination of the permit are to be consecutive. However, if the permit holder had moved their centre of life outside Switzerland, temporary visits to Switzerland does not interrupt the six-month period, according to article 79 of the Ordinance on the Admission, Residence and Exercise of Gainful Employment:

1 Les délais prévus à l’art. 61, al. 2, LEI, ne sont pas interrompus en cas de séjour temporaire en Suisse à des fins de visite, de tourisme ou d’affaires.

1 The time limits referred to in paragraph 2, article 61 of the LEI are not interrupted in the case of a temporary stay in Switzerland for the purpose of visiting, tourism or business.


I do have registration in Switzerland all the time.

While the federal law does not deal directly with this issue, in many cantons, registering at an address where you are not actually living may be considered a false registration and an offence under relevant residents cantonal registration laws.


Of course, for all of above, enforcement is another matter, especially after Switzerland had joined the Schengen area, and is the competency of both federal and cantonal government,

If you have a lumpsum taxation agreement with the canton and benefit from a non-lucrative permit, the canton may nonetheless decide to renew your permit (but if this is the case, you have the means to ask for a professional advice from a qualified Swiss lawyer). For spousal permits etc. where there exists a stronger legal entitlement, it is also likely to be overlooked if the holder intends to continue residence in Switzerland. But if you are not actively studying or working under a permit for study or employment purposes, they may be more scrutinizing and may even consider such pattern a fraud.

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