Apply for a Swiss residence permit

Prerequisites

• Swiss nationality
• Registration address in Hamburg

Documents required

• valid passport or ID card for Swiss nationals
• valid passport for family members of the Swiss national
• Biometric passport photo: The photo must
  • be up to date and
  • meet the photo requirements for electronic ID cards.
• Evidence of entitlement to the right to free movement (original and copy):
  • Employee: employment contract or commitment to employment
  • Self-employed: Business registration from the trade office, possibly orders, invoices or similar
  • Freelancer: Tax number from the tax office, if necessary orders, invoices or similar
  • Students: Admission from the university or certificate of enrollment, proof of sufficient means of subsistence and health insurance
  • Non-employed persons: Proof of sufficient means of subsistence and health insurance
  • Family members need proof of their family relationship with the Swiss citizen, eg birth certificate, marriage certificate, registered same-sex partnership, documents on custody of minor children

Please note

Only electronic residence permits (eAT) are issued in the form of a check card with additional electronic functions.

Deadlines

• Family members who are not Swiss nationals must report their stay within 3 months of entering the country

Procedure

• You make an appointment at the responsible location for foreigners' affairs of the district office in which you are registered
• They demonstrate their right to freedom of movement
• The immigration authorities will check whether you meet the requirements of the right to freedom of movement.
• You will be invited by the responsible office for foreigner affairs to give your fingerprints.
• You can pick up the electronic residence permit about 4 weeks later

Processing time

The processing time is between 5 and 12 weeks. This depends on the duration of the appointments in the respective responsible location for foreigner affairs.

Fees

• From the age of 24: 37.00 euros


• If you are under 24 at the time you submit your application: EUR 22.80


• Transfer of the residence permit to the new passport: as before


• Issue or extension of a cross-border commuter card: 8 euros


• Family members who are not Swiss nationals:
  
  
  
  • First issue: 100 euros
  
  
  • Extension of the residence permit: 93 euros
  
  
  • unlimited residence permit Switzerland: 113 euros
  
  
  • Fiction certificate: 13 euros
  
  


• The fees are halved for minor family members from third countries.

Legal remedies

• Before the decision on the assessment notice is made, you must be heard in accordance with Section 28 of the Hamburg Administrative Procedures Act (HmbVwVfG).


• You can lodge an objection to the deportation order within one month of notification with the office issued (§§ 79 HmbVwVfG, 70 Administrative Court Code (VwGO)).


• You can file a complaint against the rejection notice with the Hamburg Administrative Court, Lübeckertordamm 4, 20099 Hamburg within one month (§§ 79 HmbVwVfG, 74 VwGO).

Legal basis

• Section 78 subsection 1 sentence 2 of the Residence Act (AufenthG)
  https://www.gesetze-im-internet.de/aufenthg_2004/__78.html


• § 28 sentence 2 Residence Ordinance (AufenthV)
  https://www.gesetze-im-internet.de/aufenthv/__28.html


• § 56 Approach 2 Residence Ordinance (AufenthV)
  https://www.gesetze-im-internet.de/aufenthv/__56.html


• Agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other hand, on freedom of movement
  https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex:22002A0430(01)


• Order on responsibilities in immigration and asylum law (AuslAsylVZustAnO)
  https://www.landesrecht-hamburg.de/bsha/document/jlr-AuslAsylVZustAnOHA2018rahmen