Permit Refusal or Non-Renewal: What to Do

Grounds for Refusal/Non-Renewal

Art. 62 FNIA: false declarations, serious criminal conviction, repeated/serious breach of public security, non-compliance with conditions, social welfare dependency.

C Permit Revocation (art. 63 FNIA): only for serious grounds (lengthy imprisonment, serious public security breach, extended illegal stay abroad).

Proportionality (art. 96 FNIA): all decisions must respect proportionality considering fault severity, duration of stay, integration, family situation and consequences of removal.

Remedies

Cantonal Appeal

First to the cantonal administrative court, typically within 30 days.

Federal Administrative Court (FAC)

For federal decisions (SEM), within 30 days (art. 50 APA).

Federal Supreme Court

Against cantonal last-instance or FAC decisions, within 30 days (art. 100 para. 1 FSCA). Art. 83 let. c FSCA excludes appeal when no federal/international provision confers a right to the permit.

Key Legal Arguments

Art. 8 ECHR violation: right to private and family life. The court examines whether the interference is proportionate. Proportionality violation (art. 96 FNIA): insufficient consideration of residence duration, integration or family situation. Right to be heard (art. 29 para. 2 FC): must allow the person to be heard and provide sufficient reasoning.

Suspensive Effect

Not always automatic. The appeal authority may grant it on request (art. 55 APA). Essential to request suspensive effect within the appeal deadline to prevent premature execution.