Ordinance of 24 October 2007 on the Fees Levied in Application of the Foreign Nationals and Integration Act (Oem-LEI) - Scope (GEBV-AIG)

This ordinance establishes the fees levied for decisions and services provided pursuant to the LEI and the Agreement of 21 June 1999 between the Swiss Confederation on one hand, and the European Community and its Member States, on the other hand, on the free movement of persons (AFMP), as well as the Convention of 4 January 1960 establishing the European Free Trade Association (Convention establishing EFTA), the Schengen association agreements, and the Agreement of 25 February 2019 between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland concerning citizens' rights following the withdrawal of the United Kingdom from the European Union and the cessation of the applicability of the agreement on the free movement of persons.

The general ordinance of 8 September 2004 on fees is applicable, subject to the special provisions of the present ordinance.

Anyone who requests a decision or service as defined in Art. 1 is required to pay a fee.

Persons who have submitted an application on behalf of a foreign national are jointly and severally liable with the latter for the payment.

When the rate has not been established, fees are calculated based on the time spent.

The hourly rate varies from 100 to 250 francs, depending on the specific expertise required.

The fees charged for decisions rendered and services provided upon request, urgently, or outside normal working hours, as well as for procedures and services of extraordinary scope or presenting particular difficulties, may be increased by up to 50% of the base amount.

Fees may be collected in advance, by cash on delivery, or through invoicing.

Abroad, fees are paid in advance in local currency. In countries whose currency is not convertible, fees may, with the agreement of the Federal Department of Foreign Affairs (FDFA), be collected in another currency.

Swiss diplomatic and consular representations set the exchange rates for the currencies referred to in para. 2, in accordance with FDFA instructions.

As regards cantonal fees, the procedure is governed by cantonal law.

The maximum rates of cantonal fees pertaining to permits under foreigner law are as follows: CHF a. for the permit enabling the issuance of a visa or for the assurance of a permit 95 b. for a short-term residence, residence, or border residence permit, or its renewal 95 c. for the permit to take up employment, change of canton, place, or profession 95 d. for granting a settlement permit 95 e. for the extension of a short-term residence, residence, or border residence permit 75 f. for the extension of the validity of the permit for established foreigners 65 g. for the extension of the period during which a settlement permit of a foreigner residing outside Switzerland remains valid 65 h. for the extension of the residence title for persons provisionally admitted 40 i. for a request for an extract from the VOSTRA criminal records or a foreign criminal records 25 j. for any amendment in the central migration information system (SYMIC) not involving the replacement of the residence title, particularly for address changes 30 k. for confirmation of the announcement of a worker or self-employed individual 25 l. for the examination, entry, and processing in SYMIC of any other change in the content of a residence title 40 m. for issuing a duplicate of the residence title 40

The maximum rates of cantonal fees related to the issuance and production of residence titles are as follows: CHF a. for the issuance, replacement, and any other modification of a biometric residence title 22 b. for the issuance, replacement, and any other modification of a non-biometric residence title 10

The maximum rates of cantonal fees related to the recording and entry of data for residence titles are as follows: CHF a. for the recording and entry of biometric data required for the biometric residence title 20 b. for the recording and entry of the photograph and signature intended for the non-biometric residence title 15

For nationals of a State party to the ALCP (Agreement on the Free Movement of Persons) or a member state of EFTA (European Free Trade Association), as well as for detached workers for a period exceeding 90 working days in a calendar year by a company established in a State party to the ALCP or a member state of EFTA, the following maximum fees apply: a. for all services related to the permit procedure mentioned in para. 1, let. a, b, or e, the issuance and production of residence titles mentioned in para. 2, let. b, and for the recording and entry of data mentioned in para. 3, let. b, 65 francs maximum; b. during the issuance of a permit assurance (para. 1, let. a), no additional fee is charged; c. for unmarried individuals under 18 years, for all services related to permit procedures mentioned in para. 1, let. a to h, l, and m, the issuance and production of the residence title mentioned in para. 2, let. b, and for the recording and entry of data mentioned in para. 3, let. b, 30 francs maximum. For services mentioned in para. 1, let. i and j, 20 francs maximum.

For nationals of a State not party to the ALCP nor a member of EFTA, family members of a national of a State party to the ALCP or a member state of EFTA who have obtained a right to remain according to Annex I, Art. 4, ALCP or Annex K, Appendix 1, Art. 4, of the Convention establishing EFTA, the following maximum fees apply: a. for all services related to the permit procedure under para. 1, let. b or e, the issuance and production of residence titles mentioned in para. 2, let. a, and for the recording and entry of data mentioned in para. 3, let. a, 65 francs maximum; b. for unmarried individuals under 18 years, for the services mentioned in let. a, 30 francs maximum. For the services mentioned in para. 1, let. i and j, 20 francs maximum.

For decisions and services concerning more than twelve assembled persons, a group fee is charged. It shall not exceed the amount corresponding to twelve fees mentioned in paras. 1, 4, and 5.

Fees may be levied for refusal decisions. Their amount is calculated based on the work carried out.

The cantons may set their own fees for other decisions related to foreign nationals law not provided for in Art. 8, in relation to service provisions, as well as for decisions regarding the labor market as defined in the Ordinance of October 24, 2007, concerning the admission, residence, and pursuit of gainful activity.

The fees levied by the State Secretariat for Migration (SEM) for decisions are as follows: CHF a. for the provisional lifting of an entry ban 150 b. for the premature lifting of an entry ban 150.

For data processing in the SYMIC, the fee is included in the rates according to Art. 8; the SEM collects it directly from the cantons. It amounts to a maximum of 10 francs per year and per foreign national. The SEM calculates the fee based on the following criteria: a. the average of the resident population of foreign nationality as of December 31 of the previous year and August 31 of the current year, and b. the annual expenses of the SEM for the establishment, operation, and depreciation of the SYMIC and for the execution of the LEI, provided that no special fee is stipulated for this purpose in the present ordinance.

The calculation of the fees collected for SEM decisions regarding the labor market is performed in accordance with Articles 2 and 4.

The fees, levied for labor market-related decisions under the ordinance of 24 October 2007 concerning admission, residence, and gainful employment, which are addressed to the employer, are borne by the employer.

The amount of fees is set in Swiss francs and corresponds to the following amounts in euros: a. for any visa application under Articles 8 to 10 of the Ordinance of 15 August 2018 on Entry and Granting of Visas 90 euros b. for a visa for a child aged 6 to 12 years 45 euros.

The SEM or the FDFA, within their competence in visa matters, may, in certain cases, reduce or waive the fees: a. to protect cultural or sporting interests, foreign policy interests, development policy interests, or other essential public interest areas for Switzerland, or b. for humanitarian reasons or due to international obligations.

The SEM or the FDFA, within their competence in visa matters, may increase or reduce the fees concerning nationals of certain states if an international agreement provides for it.

The fees stipulated in international agreements remain reserved.

When a visa is issued by a cantonal authority, half of the fee is paid to the SEM.

Visas are issued free of charge to the following foreign nationals: a. children under 6 years of age; b. persons undertaking an official mission in Switzerland, including persons benefiting from privileges, immunities, and facilities as referred to in Art. 2, para. 2, of the Host State Act of 22 June 2007; c. holders of a valid official passport, namely, a valid diplomatic, service, or special passport; d. school pupils, students, postgraduate students, and accompanying teachers for a journey for study or training purposes; e. researchers who are nationals of third countries to which the recommendation 2005/761/EC is applicable; ebis. representatives of non-profit organizations aged 25 years or younger participating in events organized by non-profit organizations; f. scholars of the Swiss Federal Institutes of Technology, the Swiss Federal Scholarship Commission, and the Swiss National Science Foundation; g. scholars of the United Nations, specialized institutions, and other UN bodies traveling to Switzerland to these organizations for instructions or to present their final internship report; h. scholars from bilateral or multilateral technical cooperation or from private organizations, such as the Ford or Rockefeller Foundations, Swissaid, Swisscontact, and Helvetas, conducting studies or training internships in Switzerland; i. family members of the individuals mentioned in letters b to h; j. visitors to Swiss fairs and exhibitions of international character and significant economic importance for Switzerland; k. members of the Olympic Committee; l. foreign nationals married to a Swiss citizen or living in a registered partnership with a Swiss citizen; m. family members of a national of the European Union or EFTA as follows: 1. their spouse and descendants under 21 years of age or dependent, 2. their ascending relatives and those of their spouse who are dependent, 3. in the case of a student, their spouse and dependent children.

By way of derogation from para. 1, letter c, visas are not issued free of charge to holders of a valid official passport issued by a given State if an international agreement provides for it. Para. 1, letter i, does not apply. Switzerland's international commitments as a host state of conferences and international organizations are reserved.

In agreement with the Federal Department of Foreign Affairs (DFAE), the State Secretariat for Migration (SEM) may subject holders of official passports to fees when these passports have been: a. issued by a State not granting reciprocity, or b. granted for purposes that, according to longstanding Swiss practice and international law, do not correspond to this type of passport.

The exemption from fees provided in international agreements is reserved.

The ordinance of May 20, 1987, on the fees charged under the Federal Act on the Residence and Settlement of Foreign Nationals is repealed.

This ordinance shall enter into force on January 1, 2008.