Ordinance of the FDJP of August 13, 2015, regarding permits and preliminary decisions in the field of foreign nationals law subject to the approval procedure (OA-FDJP) - Stay with Gainful Employment (ZV-EJPD)

Are subject to approval by the State Secretariat for Migration (SEM): a. the preliminary decisions of the cantonal labor market authorities concerning nationals from States not members of the European Union (EU) or the European Free Trade Association (EFTA) or the United Kingdom and which concern: 1. the pursuit of independent gainful employment, when the conditions of Art. 19 FNA are met, 2. ... 3. the gainful employment of recognized personalities in scientific, cultural, or sports fields (Art. 23, Para. 3, Lit. b, FNA), 4. the gainful employment of individuals possessing particular professional knowledge or skills, if their admission meets a proven need (Art. 23, Para. 3, Lit. c, FNA), 5. the gainful employment of crew members of an inland navigation vessel of a Swiss enterprise, if their admission meets a proven need (Art. 23, Para. 3, Lit. c, FNA), 6. the provision of temporary cross-border services, if the conditions of Art. 26 FNA are met, 7. the gainful employment of individuals providing religious guidance or instruction or teaching a language and culture course of their country of origin, if the conditions of Art. 26a FNA are met, 8. stays with gainful employment within the framework of aid and development projects conducted under economic and technical cooperation (Art. 30, Para. 1, Lit. f, FNA), or 9. training stays of au pairs placed by a recognized organization (Art. 30, Para. 1, Lit. j, FNA); b. the preliminary decisions of the cantonal authorities concerning nationals from States not members of the EU or EFTA who seriously or repeatedly threaten public security and order in Switzerland or abroad, endanger it, or pose a threat to the internal or external security of Switzerland.

The following authorizations granted to nationals of states not members of the EU or the EFTA are subject to approval by the SEM: a. residence permits for pupils, students, doctoral candidates, post-doctoral researchers, academic guests, individuals on sabbatical leave, and recipients of a federal scholarship, if they are nationals of a country associated with a high risk of compromising the internal or external security of Switzerland, or of circumventing legal requirements concerning residence; the SEM determines and regularly updates the list of such countries; b. residence permits for individuals under medical treatment, provided it is foreseeable from the submission of the application that the duration of the stay will be one year or more (Art. 29 FNA); c. residence permits for pensioners (Art. 28 FNA); d. residence permits for placed children (Art. 48 FNA); e. ...

The following are subject to approval by the SEM: a. the granting of a residence permit to a foreigner who lacks a valid national passport; b. the granting of a residence permit to a foreigner who severely or repeatedly undermines public security and order in Switzerland or abroad, endangers them, or poses a threat to the internal or external security of Switzerland; c. the granting of a residence or settlement permit following the revocation of Swiss nationality that has entered into force; d. the early granting of a settlement permit pursuant to Art. 34, para. 3, FNA, unless it concerns a professor; e. ... f. the granting of a residence permit pursuant to Art. 8 of the Convention of November 4, 1950, for the Protection of Human Rights and Fundamental Freedoms; g. ...

Are subject to approval by the SEM: a. the extension of the residence permit when the foreign national is no longer able to obtain the renewal of their national passport; b. the extension of the residence permit for a national of a non-EU or non-EFTA state temporarily admitted in Switzerland, such as a pupil, a student, a doctoral candidate, a post-doctoral researcher, an academic guest, a person on sabbatical, or a scholarship holder, if it is foreseeable that the stay for training or further education purposes will extend beyond eight years (Art. 23, para. 3, OASA); c. the extension of the residence permit for a foreign national who seriously or repeatedly endangers public security and order in Switzerland or abroad, or poses a threat to the internal or external security of Switzerland; d. the extension of the residence permit after the dissolution of the marital union or the death of the Swiss or foreign spouse (Art. 50 FNA); e. the extension of the residence permit for a national of an EU or EFTA state and their family members who have the right to remain in Switzerland (Art. 4 of Annex I of the Agreement of June 21, 1999, between the Swiss Confederation, on the one hand, and the European Community and its Member States, on the other, on the Free Movement of Persons [AFMP]); f. the extension of the residence permit for the child of a national of an EU or EFTA state who has engaged in economic activity in Switzerland or of their spouse in order to complete their education there (Art. 3, para. 6, of Annex I AFMP) as well as the extension of the residence permit for the parent who actually has custody; g. ...

The following are subject to SEM approval: a. the granting of a residence permit to a foreign child of Swiss nationals (art. 29 OASA); b. the granting of a residence permit to a former Swiss national (art. 30 OASA); c. the granting of a residence permit to an individual with irregular stay for the purpose of completing initial vocational training (art. 30a OASA); d. the granting of a residence permit in a case of extreme hardship (art. 31 OASA); e. the granting of a short-term residence permit or a residence permit to safeguard significant public interests (art. 32 OASA); f. the granting of a residence permit to a foster child (art. 33 OASA); g. the granting of a short-term residence permit to a victim or witness of human trafficking (art. 36 OASA); h. the granting of a residence permit under the framework of extrajudicial protection of witnesses (art. 36a OASA); i. the granting of a short-term residence permit or a residence permit to a foreign national who has previously held a residence or settlement permit (readmission to Switzerland of foreign nationals, art. 49 OASA); j. the granting of a short-term residence permit or a residence permit to a foreign national returning to Switzerland after completing military service abroad (art. 51 OASA); k. the granting of a residence permit to a correspondent or journalist employed by a media outlet headquartered abroad (art. 43, para. 1, let. f, OASA).

The following authorizations for the purpose of family reunification for nationals of non-EU or non-EFTA states are subject to approval by the SEM: a. residence or settlement permits at the expiration of the deadline for family reunification pursuant to Arts. 47 FNIA and 73 OASA; b. residence permits for the descendants of a Swiss citizen or their spouse who are over 18 years old (Art. 42, Para. 2, FNIA); c. residence permits for the ascendants of a Swiss citizen or their spouse (Art. 42, Para. 2, FNIA); d. residence permits for the descendants of a national of an EU or EFTA member state or their spouse who are over 21 years old (Art. 3, Paras. 1 and 2, let. a, of Annex I FMPA); e. ... f. residence permits for the ascendants of a national of an EU or EFTA member state or their spouse (Art. 3, Paras. 1 and 2, let. b, of Annex I FMPA); g. residence permits for the parents of a minor national of an EU or EFTA member state if they effectively have custody and possess sufficient financial resources (Art. 24, Para. 1, of Annex I FMPA; reversed family reunification).

This Ordinance shall enter into force on September 1, 2015.