As a foreign resident in Switzerland, you may be wondering whether you are being watched by immigration authorities. Here’s what you should know.
If you are in compliance with the Federal Act on Foreign Nationals and Integration (FNIA), which sets rules on how foreigners can enter, settle, and live in Switzerland — chances that immigration authorities will want to check up on you are very slim.
Nevertheless, it can happen that the immigration office in your canton wants to do a check.
There could be a number of reasons for that.
For instance:
- Your work permit has not been renewed but you are still in Switzerland.
- You are a third-country national and entered the country as a tourist, but have not left after 90 days.
- You married a Swiss citizen, but there is reasonable suspicion that the marriage is fake —that is, for the purpose of residency permit or passport.
- You have been ordered to leave Switzerland by a certain date but haven’t.
These are just some of the legitimate scenarios when the immigration office may want to take a closer look at you, but there could be other ones as well.
Whatever the case, there is a procedure in place on how these checks should be carried out in a lawful and orderly manner; you should therefore not worry that you will be forcibly pulled off the street, from your workplace or home without a due process.
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This is how it goes
If the State Secretariat for Migration (SEM) or your cantonal immigration office wants to check up on you, you will receive a letter to this effect.
It will outline the reasons why you are on their radar.
Depending on what the issue is, they may either ask you to to respond in writing, or will want to interview you in person.
Or, you might have to do both — letter and personal visit.
In the latter case, you will probably have to go to your municipal police office, which is typically mandated by cantonal authorities for this kind of action.
If that happens, you should arrive for your appointment on time and bring whatever documents they request, if any.
The agent who speaks to you will then forward the summary of the interview to the cantonal immigration authorities.
If they are satisfied, they will inform you accordingly by letter and that will be the end of it.
If not, they will ask for more documents / proof, or will want to speak to you again, or both.
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Can the police just show just up at your doorstep?
In some cases, that is a possibility.
There have been reports of municipal police agents knocking on the door unannounced to check whether people suspected of fake marriages are actually living under one roof.
Or perhaps they have received reports of illegal immigrants living on the premises and they came to check everyone’s identity papers and work permits.
Whatever the reason may be, police can’t, however, enter forcibly, but have to explain why they are there and ask the permission to come in.
You can refuse, but that won’t be in your best interest, as the police will most likely come back armed with a search warrant and possibly accompanied by a locksmith to open the door if you still won’t let them in.
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Should you hire a lawyer if immigration authorities are investigating you?
That depends.
If you are not in violation of the FNIA legislation, haven’t broken any other law, live in Switzerland legally, and have a valid work and/or residency permit, then you probably don’t need to spend money on an attorney.
If, on the other hand, you are not in compliance with the law and expect complications, then hiring an immigration lawyer — either to advise you or represent you — could be beneficial.
Keep in mind, however, that, depending on the seriousness of your case, even the best attorney might not be able to help.
READ ALSO: What are your responsibilities as a foreign resident in Switzerland?
