Order on the Fees Levied Pursuant to the Federal Act on Foreign Nationals and Integration (Aem-LEI), of May 13, 2009 - Purpose (GEBV-AIG)

[6] 1 This ordinance sets the fees and disbursements collected by the migration service for decisions and services provided pursuant to the Federal Act on Foreign Nationals (LEI) and the Agreement on the Free Movement of Persons (ALCP), as well as the Convention establishing the European Free Trade Association (EFTA) and the agreements associated with Schengen.

2 Notwithstanding paragraph 1, the cantonal population service collects the fee related to the recording and processing of biometric data.

3 The fees collected for the granting of permits regarding foreign labor remain reserved.

1. The person who requests a service as defined in the first article is required to pay a fee. Disbursements are calculated separately.

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

3. When several persons jointly request the same service, their liability is joint and several.

[8] 1 When a fee includes a minimum and a maximum, it is determined based on the time spent.

2. Repealed.

1. Fees may be collected in advance, by reimbursement, or by means of an invoice.

2. The migration service determines the method of payment.

If particular circumstances justify it, the migration service may reduce or waive the fees levied under this ordinance, upon submission of a substantiated request.

[9] 1 After the deduction of the fee for data processing in the central migration information system (SYMIC) owed to the State Secretariat for Migration (SEM), the municipalities of residence are entitled to one-third of the proceeds from the fees collected in accordance with Article 9, letters b to h and j.

2. Paragraph 1 does not apply to the fees related to the authorization procedure collected for musicians, artists, and cabaret artists who cannot invoke the Agreement on the Free Movement of Persons (AFMP) or the Convention establishing the European Free Trade Association (EFTA).

[10]

**1. The following are considered disbursements related to an additional service, including:**

– fees for experts and medical consultants and allowances paid to translators and interpreters;

– costs of investigations conducted abroad;

– and expenses related to work performed by third parties.

**2. Postage, telephone, or fax charges are billed based on actual expenses, and photocopies are charged at a rate of one franc per page.**

[11] 1 The fees collected by the Migration Office are as follows

Fr.

a) Authorization enabling the issuance of a visa or authorization assurance 95.–

b) Short-term residence, residence, or cross-border residence permit, or its renewal ..................................................................................................... 95.–

c) Work permit, change of canton, position, or profession ..................................................................................................... 95.–

d) Settlement permit ............................................................. 95.–

e) Extension of short-term residence permit, residence, or cross-border residence permit ..................................................................................................... 75.–

f) Extension of the validity of the settlement permit ........... 65.–

g) Extension of the period during which the settlement permit of a foreign national residing outside Switzerland remains valid (return guarantee) 65.–

h) Examination, entry, and processing in SYMIC for any other modification of the content of a residence permit ........................................................................................... 40.–

i) Issuance of a duplicate residence permit ................................ 40.–

j) Any change in SYMIC not involving the replacement of the residence permit, particularly change of address ..................................................... 30.–

k) Request for a criminal record extract ......................................... 25.–

l) Fee for receiving the application for a travel document or a return visa under the competence of the State Secretariat for Migration (SEM)....... 25.–

m) repealed

n) repealed

o) repealed

2. Repealed.

[12] The fees related to the issuance and production of residence permits amount to

a) issuance, replacement, and any other modification of the biometric residence permit ....................................................................................................... 22.–

b) issuance, replacement, and any other modification of the non-biometric residence permit ....................................................................................................... 10.–

[13] Fees related to the collection and recording of data for residence permits are as follows

a) ... data required for the biometric residence permit..................... 20.–

b) ... photograph and signature for the non-biometric residence permit 15.–

[14] Foreign nationals, unmarried and under the age of 18, who cannot invoke the AFMP or the Convention Establishing the EFTA, shall pay a fee amounting to half of the fees specified in Article 9, letters a to i, and 20 francs for the services specified in Article 9, letters j and k.

[15] 1 Nationals of a State party to the ALCP or a member State of the EFTA shall pay a fee of 65 francs for all services related to the authorization procedure (art. 9, let. a, b, c, or e), the establishment and issuance of the residence permit (art. 9a, let. b), and the collection and recording of the photo and signature intended for the non-biometric residence permit (art. 9b, let. b).

2. Nationals of a State party to the ALCP or a member State of the EFTA who are single and under 18 years of age shall pay a fee of

- 30 francs for all services related to the authorization procedure (art. 9, let. a to i), the establishment and issuance of the residence permit (art. 9a, let. b), and the collection and recording of the photo and signature intended for the non-biometric residence permit (art. 9b, let. b);

- 20 francs for the services referred to in article 9, letters j and k.

[16] 1 Workers posted for more than 90 working days in a calendar year by a company established in a state party to the ALCP or an EFTA member state shall pay a fee of 65 francs for all services related to the authorization procedure (art. 9, let. a, b, c or e), the issuing and production of the residence permit (art. 9a, let. b), and the capture and recording of the photograph and signature for the non-biometric residence permit (art. 9b, let. b).

2. Workers who are unmarried and under 18 years of age, posted for more than 90 working days in a calendar year by a company established in a state party to the ALCP or an EFTA member state, shall pay a fee of

- 30 francs for all services related to the authorization procedures (art. 9, let. a to i), the issuing and production of the residence permit (art. 9a, let. b), and the capture and recording of the photograph and signature for the non-biometric residence permit (art. 9b, let. b).

- 20 francs for the services referred to in article 9, letters j and k.

**[17] If a national of a State party to the ALCP or a member State of the EFTA, or a worker posted for a period exceeding 90 working days within a calendar year by a company established in a State party to the ALCP or a member State of the EFTA, provides an authorization insurance (art. 9, let. a), no additional fee is charged.**

[18] 1 Nationals of a State that is neither a party to the Agreement on the Free Movement of Persons (AFMP) nor a member of the European Free Trade Association (EFTA), who are family members of a national of a State party to the AFMP or of a member State of the EFTA, and who have obtained a right to remain under Annex I, Article 4, of the AFMP or Annex K, Appendix 1, Article 4, of the EFTA Convention, shall pay a fee of 65 francs for all services related to the authorization procedure (Art. 9, let. b or e), the establishment and issuance of the residence permit (Art. 9a, let. a), and the recording and capture of the data necessary for the biometric residence permit (Art. 9b, let. a).

2. The aforementioned persons, who are single and under the age of 18, shall pay a fee of

- 30 francs for all services related to the authorization procedure (Art. 9, let. b or e), the establishment and issuance of the residence permit (Art. 9a, let. a), and the recording and capture of the data necessary for the biometric residence permit (Art. 9b, let. a);

- 20 francs for the services referred to in Article 9, letters j and k.

[19] For decisions and services concerning more than twelve assembled individuals, a group fee is charged. It amounts to a maximum equivalent to twelve fees referred to in Articles 9, let. a - k, 9c, 10, 10a, and 10c.

[20] 1 For other decisions or services provided by the migration office, the following fees are levied

Fr.

a) refusal of a permit....................................................................... 100.– to 400.–

b) warning (threat) of refusal to renew, extend, or revoke a permit and threat of expulsion ................................................................................. 100.– to 400.–

c) threat of revocation of a permit and revocation of a permit ........200.– to 500.–

d) refusal of renewal or extension of a permit or expulsion decision ............................................................ 100.– to 400.–

e) reconsideration decision ........................................................... 100.– to 400.–

f) provisional suspension of the expulsion decision ...................... 100.–

g) refusal to grant the period within which the establishment permit of a foreigner staying outside Switzerland remains valid ............................................ 65.–

h) other decisions ........................................................................... 100.– to 400.–

i) issuance of a safe-conduct ........................................................ 70.–

j) extension of the departure deadline .......................................... 70.–

k) processing of an information request ......................................... 20.– to 70.–

l) examination and approval of a declaration of guarantee.............. 30.–

m) issuance of a certificate ........................................................... 40.–

n) services rendered upon request outside the normal office hours ......................................................................................................... 80.–

o) validation of a collective list ......................................................... 20.–

2. Repealed.

[21] Furthermore, the Federal Ordinance on Fees Charged in Application of the Federal Act on Foreign Nationals and Integration (FECO-LEI) is applicable.

[22] The Department of Economy and Social Cohesion is responsible for the implementation of this order.

Order Setting the Taxes Collected in Matters of Foreigners' Police, of December 18, 2002 [23], is Repealed.

1. This order shall come into force with retroactive effect from January 1, 2009.

2. It will be published in the Official Gazette and inserted into the Compendium of Neuchâtel Legislation.