Right of residence in Geneva: from obtaining it to the risk of deportation, everything you need to know about the rights of foreigners in Geneva
Settling permanently in Switzerland as a foreigner is not a straightforward process. At each stage, specific rules apply, documents are required, and administrative decisions can have a significant impact on your future. In Geneva, where controls are particularly rigorous, it is essential to anticipate every situation: from obtaining a residence permit after marriage, to appealing a refusal, to defending yourself in the event of deportation.
Razi Abderrahim, a leading lawyer in Geneva specializing in immigration law, will support you at every stage to defend your rights with rigor, strategy and humanity.
SUMMARY
Immigration law in Geneva: marriage to a Swiss citizen and the procedures for obtaining a residence permit?
Marrying a Swiss citizen grants the right to apply for a residence permit for family reunification. However, be aware that this process is far from automatic. The Swiss authorities, and more specifically the OCPM in Geneva, scrutinize each application to verify that the marriage is genuine, stable, and that the couple is effectively living together.
Who can apply for family reunification?
If you are married to a Swiss citizen, you can apply for a B permit. This permit allows you to live and work in Switzerland. It is generally issued for a period of one year and is renewable, provided the marital relationship continues and the conditions remain met.
Let's take the example of Lina, a Tunisian national, who marries David, a Swiss citizen living in Geneva. After their marriage, Lina wishes to settle in Switzerland. She will have to prove that the couple lives under the same roof, that their relationship is genuine, and that David has sufficient financial resources.
Documents to provide
The documents to be presented vary depending on the situation but generally include:
- A marriage certificate recognized in Switzerland
- Proof of shared accommodation (lease, certificate of residence)
- Proof of sufficient resources
- Copies of passports, licenses, etc.
- An incomplete or inconsistent application can lead to immediate rejection. This is where the support of a lawyer is crucial.
Risks of refusal: prevention is better than cure
The authorities may refuse an application if they believe the marriage is a sham, or if the Swiss spouse is dependent on social assistance. Separate interviews may be arranged to test the consistency of the answers. Discrepancies, even unintentional ones, can have serious consequences.
To avoid any mistakes, consult Maître Razi Abderrahim from the outset of your application process. Thanks to his expertise in immigration law, he will help you compile a complete and compelling case.
Book an appointment now to secure your life project in Switzerland.
Immigration law in Geneva: Refusal of residence permit in Geneva, how to react, and within what time limits?
A refusal is not an end: it is often a new beginning
Receiving a refusal of your residence permit or its renewal can be devastating. But it doesn't mean you have to leave Switzerland immediately. You have rights, including the right to appeal the decision within a very short legal timeframe. You need to act quickly and strategically.
Why can a permit be refused?
The reasons are numerous: incomplete file, income deemed insufficient, doubts about the actual cohabitation in a couple, or failure to comply with previously imposed conditions.
For example, Ali, a Moroccan student, had his renewal application refused because his bank account did not prove sufficient means to meet his needs.
Otherwise, Maria, who was applying for family reunification, received a refusal after a temporary separation from her Swiss spouse.
In these cases, a well-argued appeal can turn the tide. Let's examine the possible legal options for your specific situation!
Time limits and appeals procedure
The appeal period is generally 30 days from the date of notification of the decision. The appeal must be filed with the Administrative Court of First Instance (TAPI). It must contain sound legal arguments and evidence. A simple emotional letter is not sufficient.
Razi Abderrahim can assist you in drafting a legally sound appeal, based on Swiss legislation, but also on fundamental rights such as respect for private and family life (Article 8 ECHR).
Failing to react can be costly.
Ignoring a refusal or reacting too late often leads to deportation or a ban on returning. It is therefore imperative to seek legal advice immediately. Have you received a refusal? Schedule an appointment today with Attorney Razi to protect your rights and your future in Switzerland.
Expulsion of a foreigner in Geneva: reasons, procedure and how to defend yourself
Expulsion: an extreme but questionable measure
Administrative or judicial deportation is a drastic decision taken against a foreign national, often following a criminal offense, but sometimes also for reasons related to public order or non-compliance with residency requirements. However, this measure is not automatic: it can be challenged, and in many cases, avoided.
What are the common reasons for eviction?
The most frequent cases are:
- Serious criminal offences (violence, trafficking, theft)
- Prolonged dependence on social assistance
- Marital life broken down in the context of family reunification
Let's take the example of Mr. M., who has been living in Switzerland for 12 years with a C permit and is the father of two children attending school in Geneva. After a conviction for driving under the influence, he receives a deportation order. His family situation, his integration, and his length of stay may justify an appeal.
A quick… and stressful procedure
The deportation order is issued by the OCPM (Office cantonal de la population et des migrations). It is often accompanied by a ban on entering Switzerland for several years. The appeal period is very short, often 5 to 30 days depending on the case. Immediate action is necessary.
A good appeal must demonstrate that the eviction is disproportionate, taking into account:
- The degree of integration
- The length of stay
- Regarding the family situation (children, spouse)
- The seriousness of the alleged offenses
It is a precise legal task that only an experienced lawyer can carry out successfully.
Defend yourself with an effective strategy
Attorney Razi Abderrahim will guide you through every step of the process, from analyzing your situation to representing you in court. He knows how to argue effectively to protect your right to remain in Switzerland.
Don't let eviction proceedings turn your life upside down.
Contact Maître Razi without delay. Your future deserves to be defended with strength and competence.