Swiss November guidance clarifies custody and debt assessments

SEM’s Foreign Nationals directive amendment takes effect on 1 November. For unmarried parents with joint custody who live together with their child, it explains the child’s access to the more favourable parental residence status and acceptable custody evidence.^[1]

Debt alone is insufficient to revoke a settlement permit. Authorities must assess whether indebtedness is self-caused and seriously culpable, including intentional, malicious or reckless non-payment, and consider repayment efforts after a warning. Applicants have evidentiary responsibilities. The document states its version and effective date, but not its first online publication date.^[1]

The same amendment also restates asylum-related hardship residence: people present in Switzerland for at least 5 years, whose whereabouts have always been known to migration authorities and whose advanced integration creates a serious hardship case, may qualify through the assigned canton, including after final asylum refusal. Every adult family member must individually meet the conditions, with no statutory revocation grounds. Five years alone does not confer residence.^[1]

This article provides general information. Individual applications are subject to the applicable rules and the competent authority’s assessment.