142.20 VZAOCDEOCDS

CH-ZH

Ordinance on Competencies in Foreigners Law (VZA) (VZA)

1 Articles / Provisions · Switzerland · Canton of Zurich

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Statutory Text (1 Articles)

Art. 1: Ordinance on Competencies in Foreigners Law (VZA) Open official source

9 1 The Migration Office is responsible for the enforcement of the AIG³,

Authority

unless otherwise provided by law and ordinance.

2 The Office for Economic Affairs (AWI)¹¹ issues preliminary labour

market decisions within the meaning of Art. 40 para. 2 AIG³.¹⁰

3 Deviations from the competence of the AWI¹¹ are set out in the

Annex.

1 OS 66, 822; for reasoning, see ABI 2011, 2826.

2 Entry into force: December 1, 2011.

3 SR 142.20.

4 SR 142.201.

5 Obsolete.

6 SR 142.31.

7 Version according to Government Council Resolution of December 14, 2016 (OS 72, 100; ABI 2016-12-23). In force since April 1, 2017.

8 Inserted by Government Council Resolution of November 1, 2017 (OS 73, 12; ABI 2017-11-10). In force since February 1, 2018.

9 Version according to Government Council Resolution of November 28, 2018 (OS 73, 525; ABI 2018-12-07). In force since January 1, 2019.

10 Version according to Government Council Resolution of February 9, 2022 (OS 77, 135; ABI 2022-02-18). In force since January 1, 2022.

11 Version according to Government Council Resolution of December 12, 2023 (OS 78, 546; ABI 2023-12-15). In force since January 1, 2024.

1. 1. 24-123

142.20 Ordinance on Competences in Foreigners' Law (VZA)

Annex

Division of tasks between the Office for Economic Affairs and the Migration Office

A. The Migration Office is also responsible for labour market assessments in the following cases:⁷, ¹⁰

1. for EU or EFTA nationals

a. the issuance and extension of short-term residence permits EU/EFTA (from 91 days up to 364 consecutive days) for the purpose of taking up dependent employment,

b. the issuance and extension of residence permits EU/EFTA for the purpose of taking up dependent or self-employed activity,

c. the issuance and extension of cross-border commuter permits EU/EFTA,

d. employment of pupils and students.

2. for third-country nationals

a. the extension of residence permits based on a preliminary labour market decision for the purpose of self-employed and dependent activity,

b. the issuance of work permits to artists and musicians based on Art. 19 para. 4 lit. b VZAE,

c. the issuance of work permits to doctoral candidates, post-doctoral researchers, academic guests, and for sabbatical leaves based on Art. 40 VZAE.

Ordinance on Competences in Foreigners' Law (VZA)

B. The Office for Economic Affairs¹ is responsible for⁹, ¹⁰

142.20

1. the notification procedure for posted employees, self-employed

service providers, and employees with short-term employment with

Swiss employers for up to three months or 90 working days per

calendar year,

2. the issuance of work permits to EU/EFTA service providers who

intend to be employed in Switzerland for more than 90 working days

(Art. 19a and 20a VZAE),

3. the notification procedure for recognised and provisionally admitted

refugees, as well as provisionally admitted persons (Art. 61 Asylum

Act and Art. 85a AIG),

4. the issuance of work permits to third-country nationals,

5. the revocation or amendment of labour market conditions (e.g.,

time limits),

6. matters concerning the number of quotas and their provision in the

Canton of Zurich,

7. the implementation of measures and sanctions under Art. 122 AIG.

1. 1. 24-123

Court Decisions Applying This Provision (25)

A/1470/2024 · ge (art. 1 et 2 al. 1 LEI)

Brazilian Family Residency Appeal Dismissed Due to Insufficient Residence and Integration

Cited to confirm the general scope of the Federal Law on Foreigners (LEI) concerning entry and stay.

D-983/2025 (Art. 1 LEI)

Iranian National's Asylum Appeal Denied Due to Insufficient Evidence of Persecution

General provision regarding the entry and residence of foreigners, relevant to the overall context of the decision.

A/3393/2023 · ge (art. 1 et 2 LEI)

Residence Permit Renewal Appeal Following Temporary Marital Separation

Cited in the reasoning sections to define the scope of application of the LEI.

A/2617/2023 · ge (art. 1 et 2 LEI)

Rejection of Late Family Reunification Appeal Due to Untimely Filing and Inadequate Justification for Deferred Entry

Cited in reasoning (para. 9) but not in the dispositive.

A/958/2023 · ge (art. 1 et 2 LEI)

Foreign National Deportation Appeal Dismissed on Insufficient Residency and Adequate Home Country Healthcare

Cited in the reasoning to establish the scope of the LEI and OASA.

A/498/2023 · ge (art. 1 et 2 LEI)

Denial of Hardship Residency Permits Upheld

Cited in the reasoning regarding the scope of the LEI, but not explicitly in the dispositive orders (1-4).

A/729/2022 · ge (art. 1 et 2 LEI)

Honduran National Deportation Appeal for Insufficient Exceptional Hardship

Cited to establish that the LEI and its ordinances apply to the status of the foreigner.

2022.04.27.vv.5 · bl (Art. 1 AIG)

Refusal to Extend Residence Permit and Removal from Sri Lanka Upheld Due to False Statements

Cited as the basis for the requirement of a residence permit for foreign nationals to stay in Switzerland.

2021.10.20.vv.2 · bl (Art. 1 AIG)

Family Reunification Granted Due to Child's Severe Anxiety and Trauma

Cited to establish the general requirement for a residence permit for foreigners in Switzerland.

CPEN.2021.14 · ne (Art. 115/1/b LEI)

Appeals Court Partially Upholds Conviction for Illegal Residence, Overturns Grievous Bodily Harm Charge, Dismisses Drug/Child Sex Abuse Charges, Affirms Rape and Abuse of Distress Convictions.

Used in the final orders for the conviction related to illegal stay.

CPEN.2021.14 · ne (Art. 119/1 LEI)

Appeals Court Partially Upholds Conviction for Illegal Residence, Overturns Grievous Bodily Harm Charge, Dismisses Drug/Child Sex Abuse Charges, Affirms Rape and Abuse of Distress Convictions.

Used in the final orders for the conviction related to violation of the entry ban/illegal stay.

A/1236/2021 · ge (art. 1 et 2 LEI)

Refusal of Hardship Residence Permit Upheld Due to Lack of Continuous Residence

Cited to establish the general scope of the LEL regarding foreigners' entry, residence, and exit.

A/3416/2020 · ge (art. 1 et 2 LEI)

Appeal Against Residence Permit Denial and Deportation Order for Foreign National Lacking Employment

Cited to define the scope of application of the LEI concerning entry, stay, and departure of foreigners.

F-7409/2018 (Art. 1 LEtr)

Iranian National Granted Temporary Residency for Master's Studies

Cited in point 1.1, relating to the Tribunal's jurisdiction over decisions by SEM, but not directly applied in the dispositive.

PE.2010.0286 · vd (art. 64, alinéa 1 de la Loi du 16 décembre 2005 sur les étrangers (LEtr))

Expulsion of French National with Criminal Record Upheld

This provision was cited in the letter preceding the final decision to justify the immediate departure order.

Ordinance on Competencies in Foreigners Law (VZA) (VZA)

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Court Decisions Applying This Provision (25)