Regulations setting fees for foreign nationals and asylum policing - Purpose

1. This regulation supplements the Federal Council's Ordinance of October 24, 2007, on the Fees Collected under the Foreign Nationals and Integration Act [B] (hereinafter Oem-LEI) by establishing the cantonal fees applicable in the field of foreign nationals and asylum law. It also regulates the distribution of fees as provided by cantonal and federal law between the Canton and the municipalities.

1. Anyone who requests a decision or service pursuant to the Foreign Nationals and Integration Act [A] and 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 hand, on the free movement of persons [E] (AFMP), as well as the Convention of January 4, 1960 Establishing the European Free Trade Association [F] (EFTA Convention), association agreements with Schengen, and the Agreement of February 25, 2019 between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on citizens' rights following the withdrawal of the United Kingdom from the European Union and the end of the applicability of the agreement on the free movement of persons [G] must pay the fee stipulated in the Ordinance on the Emoluments and Fees in the Field of Migration [B] or in this regulation.

2. Persons or entities that have submitted an application on behalf of a foreign national are jointly and severally liable with the latter for the payment of the fee.

3. When multiple persons or entities jointly request the same service, they are jointly and severally liable among themselves for the relevant fee.

1. Fees are collected at the counters of the residents' control offices of the municipalities, based on an invoice issued by the municipality or the cantonal service in charge of the population [H], or by online payment.

2. The cantonal service in charge of the population may require the prior deposit of an amount equivalent to the fees, special expenses, and disbursements that may be collected in application of this regulation, as an advance of costs.

**1. The fees collected for the control of the inhabitants of the municipalities must be transferred to the cantonal service in charge of the population based on the invoice issued by the latter. This amount must be paid within 30 days following the date of issuance of the invoice.**

**2. When the fees are collected by the cantonal service in charge of the population, the amount due to the control of the inhabitants of the municipality is credited to it in the monthly invoice it receives, or is paid by refund (credit note) within 60 days following the date of issuance of the invoice. Corrections to previous invoices are deducted from the monthly statement drawn up by the cantonal service in charge of the population.**

1. In the absence of provisions in the present regulation, the maximum rates stipulated by the Oem-LEI [B] shall apply.

1. In accordance with Article 8, paragraph 7 and Article 9 Oem-LEI [B], the Canton levies the following fees

a. Decisions to refuse granting, refuse renewing, and revoke short-term or residence permits: CHF 117.-

b. Request for re-examination: CHF 300.- to 500.-

c. Issuance of a residence certificate: CHF 20.-

d. Application for a travel document for foreigners: CHF 25.-

e. Application for a toleration of stay with a view to marriage: CHF 20.-

1. The cantonal service in charge of the population may, if justified by the foreigner's economic situation, reduce or waive the fees.

1. Disbursements are calculated separately and are charged in addition to the amount of the federal and cantonal emolument.

2. Disbursements are defined as additional costs related to a given service, including, in particular

a. expert fees, fees of the medical consultant who issued a certificate, and translator fees;

b. costs incurred for the production of photocopies or other documents, which are billed at CHF 0.50 per item;

c. costs of investigations carried out abroad;

d. postage costs; notably registered mailings of residence permits addressed to the domicile of the individuals concerned or to employers.

1. With the exception of the emoluments provided for in Article 11 of the present regulation, the emoluments provided for by the following provisions are subject to distribution between the Canton and the communes

a. Article 8 Oem-LEI [B];

b. Article 6, paragraph 1, letter a of the present regulation.

1. After deduction of the share due to the federal authorities, the distribution of emoluments between the Canton and the communes amounts to

a. 70% for the Canton and 30% for the commune concerning the granting and renewal of short-stay, residence, establishment, and legitimation permits (EU-EFTA or third-state) (Art. 8, para. 1, lit. b to f and Art. 8, para. 4 and 5 Oem-LEI).

b. 80% for the Canton and 20% for the commune concerning the renewal of the control period for online establishment permits (Art. 8, para. 1, lit. f Oem-LEI).

c. 60% for the Canton and 40% for the commune for all other services, particularly the maintenance of establishment permits, modification or duplicate permits, renewal of F and S permits, as well as all types of refusals and revocations of permits (Art. 8, para. 1, lit. g, h, l, m Oem-LEI and Art. 6, para. 1, lit. a of these regulations).

d. A flat fee of CHF 10 for the commune for address changes within the canton (Art. 8, para. 1, lit. j Oem-LEI).

1. After deduction of the share due to the federal authorities, the emoluments provided for in the following provisions shall accrue in full to the Canton

a. Article 8, paragraph 1, letters a, i and k of the Oem-LEI [B];

b. Article 8, paragraph 1, letters b and e of the Oem-LEI, solely with regard to the granting, renewal, and extension of cross-border permits;

c. Article 8, paragraphs 2 and 3 of the Oem-LEI;

d. Article 12 of the Oem-LEI;

e. Article 6, paragraph 1, letters b to e of the present regulations.

1. Regulation of February 16, 2011, setting the fees in matters of foreign police and asylum is repealed.

1. The Department of Economy, Innovation, Employment, and Heritage is responsible for the implementation of this regulation, which comes into force on September 1, 2024.