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EDITOR:
F-Information
67 rue de la Servette
1202 Genve
tel : 022 740 31 00 - fax : 022 740 31 44
femmes@f-information.org
www.f-information.org

WRITER
Camille Maulini, lawyer

TRANSLATOR
MWS Marc Woodwars Service

DESIGN
Emilie Fargues - emkidesign

PRINTER
Atar Roto Presse SA, Geneva

PHOTO CREDITS (COVER)


Emilie Fargues, AnastasiaSonne/ shutterstock.com

PARTNERS
Department of Security Bureau of Gender Equality State of Geneva
Department of Finance and Housing Delegation Agenda 21- City of Geneva

ACKNOWLEDGEMENTS
F-Information addresses its sincere thanks to :
Mr Pierre Maudet, State Councillor in charge of the Department of Security and MrsSandrine
Salerno, Administrative Councillor in charge of the Department of Finance and Housing
of the City of Geneva, for their financial support for the publishing of this brochure.
The Bureau of Gender Equality, and more particularly Mrs Muriel Golay and Mrs Isabelle
Monnin-Vasquez, as well as the Permanent Mission of Switzerland to the UNOG for the
proofreading of the brochure.
Mrs Fabienne Saunier for the legal contribution to this brochure, and Mrs Genevive Bordry
for the overall coordination.
As well as all the partner organisations for the distribution of this brochure i.e. : the Welfare
Offices of the international organisations, the Geneva Welcome Center, the Bureau of Gender
Equality, the Geneva Cantonal Population Office, the Service Agenda 21-Geneva Sustainable
City, the Permanent Mission of Switzerland to the UNOG, the Bureau for the Integration
of Migrants, the Bureau of the Amiable Compositeur, the U.N. Womens Guild, the Liaison
Center of the Womens Associations, the associations members of the Womens Network.
TABLE OF CONTENTS

p. 4-6 Introduction

p. 7-10 The Legitimation Card

p. 11-12 The Right To Work

p. 13-21 Separation And Divorce

p. 22 Remaining In Switzerland After Separation Or Divorce

p. 23-27 Requesting a Residence Permit Under Ordinary Law; Naturalisation

p. 28 Permits For Children



p. 29 Public Assistance

p. 30-31 Legal Residence In France

p. 32-33 Conclusion

p. 34-37 Useful Addresses

p. 38 Sources And Bibliography
INTRODUCTION

This is the fifth edition of this brochure. often encountered spouses of in-
ternational officials who were in a
Many organisations in Geneva work particularly precarious position be-
in immigration law, but only a few cause their status had been based on
specialise in the legitimation cards a legitimation card or Ci permit.
issued to members of diplomatic
and consular corps, permanent and This brochure attempts to provide
special missions, or international or- answers, ideas, and especially sup-
ganisations, along with their spouses port for spouses affected by Ci
and children. permit issues and those who help
and guide them. Its objective is to
These residence permits are very furnish general information. For
common in Geneva given the large specific questions about individual
number of international organisa- cases, we recommend contacting
tions here, yet they are unfamiliar to one of the legal clinics on the list of
many associations, NGOs, and even Useful Addresses at the end of the
legal professionals who practice im- brochure to seek personalised advice.
migration law or work with foreign
nationals. For reasons of readability, this bro-
chure was written using feminine
At the drop-in legal, social, and pronouns (she, her) for the
professional aid clinics held by the spouse/domestic partner of the le-
F-Information Association, we have gitimation card holder, since most of
them are women.

Some numbers:

The number of legitimation


card holders is fairly stable.
Currently, there are 42,807,
including 4,447 spouses
living in Geneva and 660
in Vaud.

4
EXAMPLES separates, she will lose her Swiss
legitimation card, and under no
Though the following two cases do not circumstances will she be able to
cover every situation, they are real-life work once she stops living with him.
examples and serve to illustrate the
difficulties experienced by the spouses Since Mrs. D.s marriage was
of legitimation card holders. arranged by her family in her
country of origin, there is no way
she can return to her family if
The Case of Mrs. D. she separates from her husband.
So Mrs. D. has no real ability to
Mrs. D. is the wife of an official leave her husband, who is keeping
who works for an international her in domestic servitude!
organisation. She is originally from
Africa and arrived in Switzerland
four years ago. She has three The Case of Mrs. O.
young children.
Mrs. O. is from an Asian country.
Mrs. D. is a victim of psychologi- She is married to an internatio-
cal abuse by her husband, who nal civil servant and has been living
constantly belittles her and pre- in Switzerland for twelve years.
vents her from leaving the house Her two children, now five and
or forming social connections, thus nine years old, were born here.
isolating her completely. He ma- She has a Ci permit.
nages the entire household budget,
doling out money to his wife for Mrs. O. separated from her hus-
household expenses, such that Mrs. band, who acted inappropriately
D. has no financial independence. towards their son. Her husband
Three years ago, the family moved left home and Mrs. O. decided
to nearby France. Mrs. D. is now to start the process of seeking
at the end of her rope and wants measures to conserve the marital
to separate from her husband. relationship (legal separation).

Since she no longer lives in Switzer- Mrs. O. is no longer in contact


land, she cannot request a residence with her family in her country of
permit on humanitarian grounds. origin. Her entire support system
and all of her friends are in Gene-
She has a Ci permit, and so is va the parents of her childrens
completely dependent on her hus- classmates, who have stepped up
band and on living with him. If she to support her.

5
However, by deciding to sepa-
rate from her husband, Mrs. O.
loses the right to hold a Ci per-
mit and risks a forced return to
her country of origin alone with
her already traumatised children
who may now soon be uprooted
and taken to a country of ori-
gin where they have never lived
before!

Finally, Mrs. O.s Swiss work


permit also depends on her Ci
permit, so she runs the risk that
she will soon face major problems
in this regard.

6
THE LEGITIMATION CARD

PARTICULARITY Another characteristic of this resi-


dence permit is that it is issued by
the Mission to the United Nations Of-
Article 17 The legitimation fice at Geneva (UNOG) (hereafter the
par. 3 HSO card serves as a re- Swiss Mission to the UN) on behalf
PARTICULARITY
sidence permit and certifies the of the Federal Department of Foreign
holders privileges and immuni- Affairs (hereafter FDFA) and not by
ties. It exempts him from any the government authority responsible
visa requirement for the dura- for alien residency issues, which in
tion of his function. Geneva is the Cantonal Population Of-
fice (Office cantonal de la population,
hereafter CPO).
The main distinguishing characteris-
tic of the legitimation card is that The Swiss Mission to the UN has ju-
it is not governed by the Foreign risdiction over all requests when the
Nationals Act (Loi fdrale sur les principal individual beneficiary works
trangers, hereafter FNA), but by in a Geneva-based international orga-
the Host State Ordinance (Ordon- nisation or mission. Questions about
nance relative la Loi fdrale sur the legitimation card issuance process
les privilges, immunits et facilits, can be asked in person at the Swiss
ainsi que sur les aides financires ac- Mission to the UN.
cords par la Suisse en tant quEtat
hte, hereafter HSO).
UNDER WHAT
Article 3 This ordinance derives CONDITIONS CAN A
par. 1 (i) HSA directly from the Host LEGITIMATION CARD
State Act (Loi fdrale BE GRANTED TO THE
sur les privilges, immunits et facili- SPOUSE?
ts, ainsi que sur les aides financires
accords par la Suisse en tant quEtat 1. Beneficiary of the main card
hte, hereafter HSA), which allows
Switzerland to grant certain privile- The first condition is Article 2
ges such as exemption from the FNAs that the legitimation par. 1 and 2(a)
provisions concerning Swiss entry and card must be granted HSA
residence requirements. to the principal individual beneficiary.

7
The Swiss Confederation may grant pri- Switzerland, recognised under
vileges, immunities, and facilities to an equivalent foreign law, or the
some categories of people, especially partner is considered an official
those working in intergovernmental or- partner or dependent by the relevant
ganisations, international institutions, institutional beneficiary.
quasi-governmental international orga-
nisations, diplomatic missions, consular c. The principal individual beneficiarys
positions, permanent missions, other cohabiting partner (unmarried
delegations to intergovernmental or- heterosexual couple) if the relevant
ganisations, etc. institutional beneficiary considers
the cohabiting partner to be an
In particular, this applies to: the official partner or dependent.
United Nations (UN), World Trade Or-
ganisation (WTO), CERN, International d. The principal individual beneficiarys
Labour Organisation (ILO), World unmarried children, up to the age of
Health Organisation (WHO), Interna- 25 years.
tional Telecommunication Union (ITU),
World Meteorological Organisation e.
The unmarried children of the
(WMO), permanent missions to the UN principal individual beneficiarys
and WTO, consulates, embassies, etc. spouse, same-sex partner, or
cohabiting partner, up to the age
2. Person entitled to accompany of 25 years, if they are officially
the principal individual dependents of the spouse, same-
beneficiary sex partner, or cohabiting partner.

Article 2 Individuals entitled to In special cases, the Article 20


par. 2(c) HAS accompany the indi- FDFA may authorise par. 2 HSO
and Article 20 vidual beneficiary of a other persons to ac-
par. 1 HSO legitimation card is- company the principal individual
sued by the FDFA can beneficiary, as follows.
also enjoy the privileges, immunities,
and facilities. These persons are as fol- a. The principal individual beneficiarys
lows. same-sex partner who is not
recognised as an official partner
a. The principal individual beneficiarys or dependent, when proof of a
spouse. long-term relationship is provided
and if the persons concerned are
b. The principal individual beneficiarys unable to register a domestic
same-sex partner if the domestic partnership in accordance with
partnership is registered in Swiss or foreign law.

8
b. The principal individual beneficiarys live in the same household as the
cohabiting partner (unmarried principal individual beneficiary of the
heterosexual couple) who is not legitimation card.
recognised as an official partner
or dependent by the institutional 4. Decision and issuance
beneficiary, when proof of a long-
term relationship is provided. The FDFA is the autho- Article 20
rity empowered to make par. 5 HSO
c. The principal individual beneficiarys decisions. It determines
unmarried children who are more on a case-by-case basis whether the
than 25 years old and in the person wishing to accompany the prin-
beneficiarys sole care. cipal individual beneficiary satisfies the
requirements.
d. The unmarried children of the
principal individual beneficiarys The FDFA is also the agency that is-
spouse, same-sex partner, or sues the legitimation card to principal
cohabiting partner who are over individual beneficiaries and persons
the age of 25 and in the principal entitled to accompany them. This
individual beneficiarys sole care. card serves as a residence permit for
Switzerland for the length of the stay.
e. The ascendants of the principal
individual beneficiary or his spouse,
same-sex partner, or cohabiting WHEN DOES THE
partner within the meaning of RIGHT TO HOLD
par. 1, if they are in the principal A LEGITIMATION
individual beneficiarys sole care. CARD END?
f. In exceptional cases, other The privileges, immu- Article 15
persons in the principal individual nities, and facilities par. 2 HSO
beneficiarys sole care if it is not granted to accom-
possible for them to be entrusted panying persons expire at the same
to the care of a third party in time as those granted to the person
their country of origin (cases of they are accompanying.
force majeure).
This means that if the legitimation
3. Living together card beneficiary loses his right to
hold such a card, the person entit-
Article 20 The person entitled to led to accompany him also loses the
par. 1 and 2 HSO accompany the princi- right. A legitimation card does not
pal beneficiary must confer upon its holder any right to be

9
granted preferences in the workplace
or with regard to length of stay or
permanent residence, or to continue
staying in Switzerland once the prin-
cipal individual beneficiary has left
and the card has been surrendered.

In practical terms, this means


that delivery of a legitimation
card to a person entitled to ac-
company the principal beneficia-
ry depends solely on the prin-
cipal beneficiarys legitimation
card. The accompanying person
has no right of her own to an in-
dividual residence card.

10
THE RIGHT TO WORK

ACCESS TO THE JOB employers, certifying Article 22


MARKET their special situation par. 2 HSO
and authorisation to
Article 3 Persons entitled to ac- participate in the job market.
par. 2(a) HSA company the principal
individual beneficiary The certificate remains in the posses-
enjoy easier access to the Swiss job sion of its holder. It is valid for as long
market which is limited to the as the principal individual beneficiarys
duration of the principal individual legitimation card remains valid.
beneficiarys function if they meet
the following conditions: The certificate must be requested
by verbal note, and the associated
Article 22 1. they are entitled Request For Ci Permit Certificate
par. 1 HSO to accompany the signed by the applicant, must be
principal individual submitted at the same time. The cer-
beneficiary tificate is issued by the population
2. they reside in Switzerland office in the canton of residence
3. they are a member of the
principal individual beneficiarys
household THE Ci PERMIT
Practically speaking, this means that 1. Issuance of the Ci permit
the person with work authorisation is
not subject to foreign labour quotas; The permit granting the right to en-
the principle of priority recruitment gage in paid work is called the Ci
areas; or job-market stipulations, such permit. It is issued by the popula-
as the principle of priority for resident tion office in the canton of residence,
workers or prior verification of working which in Geneva is the CPO, in ex-
conditions and terms of remuneration. change for the legitimation card and
upon presentation of a work contract,
a job offer, or a declaration of intent to
ATTESTATION become self-employed that includes a
description of the gainful activity to
When the persons mentioned above be undertaken. The Ci permit is is-
are seeking employment, they may ask sued for (full-time or part-time) paid
the FDFA for a document for potential employment or for self-employment.

11
Article 22 The Ci permit hol- When there is a job change during
par. 3 HSO der may not actually the term of the Ci permit, the per-
become self-employed mit holder must also bring it to the
until the necessary authorisation for population office in advance so it
the profession or activity in question can be updated.
has been sought and obtained from
the appropriate authorities. The Ci permit is valid only within
the issuing canton. If the work is
2. Swiss law applies done in a canton other than the
issuing canton (i.e., the canton of
Article 22 Professional activity residence), the holder must request
par. 4 HSO is subject to Swiss permission in advance from the
law, especially where canton in which she works.
social-security benefits and income
taxes are concerned. Outside the For the Ci permit to remain valid,
scope of her paid employment, the the principal individual beneficia-
spouse continues to enjoy all pri- ry must also continue to work. If he
vileges and immunities to which loses the right to hold a legitimation
she is entitled as a person autho- card, the Ci permit becomes invalid.
rised to accompany the principal
individual beneficiary. The spouse may hold a Ci permit
for as long as her paid work conti-
3. Validity of the Ci permit nues, or if she loses her job, for the
period during which she is eligible
Article 22 The FDFA also de- to receive unemployment benefits.
par. 5 HSO termines how this After this time, the Ci permit must
permit is imple- be handed in to the cantonal popu-
mented. A series of informative lation office. The legitimation card
leaflets has been published, in par- is then returned to the embassy
ticular the Family Members leaflet upon request.
concerning the system of diplo-
matic and consular privileges and
immunities in Switzerland (Rgime
des Privilges et Immunits diplo-
matiques et consulaires en Suisse),
October 2011.

The leaflets are available on the FDFAs


website (see p. 38).

12
SEPARATION AND DIVORCE

As indicated above, marriage to the lution so as to have time to think


principal individual beneficiary (or over reconciliation or divorce ahead
a registered domestic partnership or of time.
cohabiting partner relationship) and
living with the principal individual Separation is a temporary solution;
beneficiary are conditions that must measures to conserve the marital
be met for the legitimation card to relationship do not end spousal
be granted to a person entitled to consortium. If the spouses begin
accompany the principal individual living together again, the measures
beneficiary. lapse and the marriage continues
as before.
For this reason, separation and divorce
directly affect the legitimation card.
SEPARATION
The Swiss Civil Code (Code civil suisse,
hereafter CC) provides two legal Separation proceedings have several
means of officially ending conjugal life. advantages over divorce proceedings.

Divorce permanently ends the conju- The judge makes a provisional deci-
gal union. This means that spousal sion. The facts alleged by the parties
consortium no longer exists. Divorce need only be shown to be plausible,
may be requested mutually by both and not proven as in the context of
spouses or unilaterally, after they divorce proceedings.
have been separated for two years.
Therefore there is generally no in-
Articles One purpose of se- vestigation, except that the Child
176 et seq., paration, which the Welfare Office draws up a report if
273 et seq., law terms measures the spouses have minor children and
276 et seq. CC to conserve the ma- cannot agree on custody and visita-
rital relationship, is tion rights.
to allow a spouse who so desires to
make the separation official before Consequently, separation procee-
the two years have passed. This al- dings are quicker than divorce
lows him or her unilaterally to seek proceedings. They last from four to
a divorce. Another is to enable the six months on average.
spouses to choose this interim so-

13
The main issues settled by a decision They must be requested as soon as
establishing measures to conserve the possible after the event that has
marital relationship include: frightened the abuse victim. To the
extent possible, the request must be
living apart supported with concrete evidence,
awarding use of the married particularly medical certificates,
residence witness statements, attestations by
awarding custody of the children specialised associations or services,
awarding visitation rights and especially proof that a criminal
setting a family support payment complaint has been filed.

The following may also be decided For this type of measures, it is advi-
in specific situations: sable to consult a lawyer before taking
any action.
separation of property
creation of a guardianship to su- Domestic-violence support and ad-
pervise and set up visitation rights visory structures are also available.
Some useful contacts are listed at
the end of the brochure.
EMERGENCY MEASURES
In addition to the elements men-
Articles 28, 28(a) The Swiss Code of Ci- tioned above, the following requests
and 28(b) CC, vil Procedure (Code de can be handled on an expedited ba-
Article 265 CPC procdure civile suisse, sis in an emergency:
hereafter CPC) provi-
des a means of requesting expedited immediate removal of the hus-
measures in order to obtain a decision band from the married residence
more quickly than the final deci- prohibiting the husband from ap-
sion can be made. The court decides proaching the married residence
whether or not to grant such measures prohibiting the husband from
within 24 hours. They are necessary in contacting his wife
particular in the context of requests for
protective orders.
DIVORCE
Such measures are granted only in
exceptionally urgent cases. They are Divorce can be sought Articles 111
necessary especially in cases of do- at any time if the and 112 CC
mestic violence, and make it possible spouses mutually re-
to deny the abusive spouse access to quest it. At a minimum, they must
the home. agree in principle to the divorce.

14
Article 114 CC Divorce may be unila- petition to de- Articles 273 et seq.,
terally requested after termine personal 308 par. 2 CC
two years of living apart, i.e., when relationships with
the spouses have not been living un- the children (visitation rights)
der the same roof for two years. and any guardianship to super-
vise and set up visitation rights
Divorce also decides the following before the Adult and Child
additional issues: Welfare Court

liquidation of marital property emergency mea- Articles 28, 28(a)


division of occupational pensions sures for protective and 28(b) CC,
setting of spousal and child sup- orders (restraining Article 265 CPC
port payments order) before the
assignment of the rights and res- Court of First Instance
ponsibilities related to the leasing
of the married residence
parental authority over the Under Swiss law and Articles 298 par. 1
children unless the parties have and 298(a) CC
made a court-appro-
ved agreement to the contrary, the
THE END OF A children of an unmarried couple are
COHABITING under the parental authority of their
PARTNER RELATIONSHIP mother, who also has sole custody.

When the parties are involved in a Important note! As this brochure


cohabiting partner relationship, they is published, the Swiss CC is on the
are not bound by a contract as they point of being amended by the le-
are with marriage. Consequently, gislature. Joint custody is to become
each issue must be handled separa- the rule rather than the exception.
tely before the competent court: Children born in Switzerland would
therefore be in the joint custody of
both parents based on a joint sta-
Articles 276 et alimony tement and acknowledgement by
seq., and 285 CC (determination the father at the time of their birth.
of child-support A parent who feels that custody
contribution) before the Court of cannot be shared will have an oppor-
First Instance tunity to ask for sole custody before
the Adult and Child Welfare Court.

15
In a cohabiting partner relationship, particular for measures that conserve
the use of the married residence the marital relationship.
cannot be assigned to one of the par-
ties, and no support payment can be Swiss law is applicable Article 48 par. 1
awarded to the cohabiting partner. when both spouses and 2 LDIP
There is also no dissolution of a ma- reside in Switzerland,
rital estate, so there is no division of or if they do not live in the same
property other than division accor- country, when Switzerland is the le-
ding to ordinary legal principles. gal residence most closely associated
with the petition.

INTERNATIONAL 2. Divorce
JURISDICTION:
IN WHICH COUNTRY The Swiss court asso- Article 59 LDIP
SHOULD THE REQUEST ciated with the legal
BE SUBMITTED? residence of the defending spouse, or
that of the petitioning spouse if the
Since wives of legitimation card hol- latter has been residing in Switzerland
ders are foreign nationals, it must for one year, are competent to accept
first be determined whether Swit- the petition for divorce.
zerland has jurisdiction and can be
petitioned for a separation (measures Divorce is subject Article 61 par. 1,
to conserve the marital relationship) to Swiss law. If the 2 and 3 LDIP
or divorce. This question is decided spouses are of the
by the Swiss Federal Act on Private same foreign nationality and only
International Law (Loi fdrale sur one of them resides in Switzerland,
le droit international priv, hereafter then the law of their shared country
cited by its French acronym LDIP). of origin is applicable. There is an
exception if the laws of their country
1. Measures to conserve the of origin do not allow dissolution of
marital relationship the marriage, or makes it subject to
extraordinarily harsh conditions, in
Article 46 LDIP The Swiss legal au- which case Swiss law is applicable pro-
thorities in the place vided that one of the spouses has been
of legal residence or if there is living in Switzerland for two years.
no place of legal residence, in the
place of usual residence of one of Emergency measures, Article 62
the spouses have jurisdiction for i.e., temporary and par. 1 and 2
proceedings concerning the effects expedited measures, LDIP
of the marriage, and therefore in fall under the juris-

16
diction of the court, which decides Immunity from the enforcement
based on the merits of the case. of judgements concerns requests
They are governed by Swiss law. for enforcement by the court. The
person granted the immunity can
Article 65 LDIP By analogy, these pro- invoke it to avoid enforcement of
visions also apply to the measure. This immunity protects
registered domestic partnerships. all of the persons assets.

In practical terms this means, for


IN CASES OF DIPLOMATIC example, that an unpaid support
IMMUNITY payment cannot be garnished di-
rectly from the wages of the person
1. Definition who owes it, if that person is pro-
tected by immunity.
Immunity means that those persons
upon which it is conferred are not However, it should be noted that
subject to the sovereignty of the there are different types of immu-
territorial state. nity, and it is essential to ascertain
the extent of immunity in each indi-
For permanent missions and their vidual case. For example, immunity
staff members, immunity is derived may be granted solely in the context
from the April 18, 1961 Vienna of the persons job. This means that
Convention on Diplomatic Relations the persons usual wages, which de-
(hereafter Vienna Convention), pend on his professional activities
applicable by decision of the Fede- for the organisation, cannot be gar-
ral Council. nished, but his other assets can.

Immunity for international officials It should also be Article 32 par. 3


is conferred by the headquarters stressed that a person Vienna Convention
agreements that the Federal Council who initiates proceed-
has signed with each international ings is no longer eligible to invoke
organisation. immunity from legal proceedings in
the context of any counter-claim that
Immunity from legal proceedings is directly connected with the princi-
means that the persons granted pal claim. From a practical standpoint,
such immunity cannot be summoned this means that the person who has
before the territorial states internal been granted immunity cannot invoke
courts, i.e., in this case the Swiss it if that person has either petitioned
courts. the judges or responded to the peti-
tion submitted by the spouse.

17
2. Immunity by category of person Officials in the professional
category (OI) (holders of a
Each legitimation card specifies, on type D legitimation card) with
the reverse, the immunity granted to a brown strip.
its holder. The Swiss Mission to the Members of the service staff
UN can also furnish this information (MP) - general services officials
upon request. (OI) (holders of a type E legiti-
mation card) with a purple strip.
The FDFA has drawn up the following Short-term officials (OI)
list for information purposes: (holders of a type G legitima-
tion card) with a turquoise strip.
Mission chiefs (MP) - members Non-Swiss employees of the
of upper-level management ICRC (holders of a type I legiti-
(OI) (holders of a type B legi- mation card) with an olive-green
timation card) with a pink strip. strip.
Diplomatic agents (MP) - high Non-Swiss employees of
officials (OI) (holders of a type the IFRC (holders of a type
C legitimation card) with a pink L legitimation card) with a
strip. sand-coloured strip.
These persons enjoy diplomatic Members of the CERN scienti-
status, namely immunity from legal fic staff (holders of a type P
proceedings and criminal, adminis- legitimation card) with a blue
trative, and civil enforcement. They strip.
also enjoy inviolability of their person Staff members who are Swiss
and residence (i.e., they cannot be nationals (MP) - Officials with
arrested or detained, and their home Swiss citizenship (OI) (holders
cannot be searched). of a type S legitimation card)
with a green strip.
Members of the administrative These persons enjoy immunity
and technical staff (MP) (hol- from legal proceedings and enforce-
ders of a type D legitimation ment, which is granted to them in
card) with a blue strip. the context of their work.
These persons are granted im-
munity from legal proceedings and Persons without privileges
criminal enforcement. However, they and immunities (MP/OI) -
are granted immunity from legal employees who are not offi-
proceedings and administrative and cials (OI) (holders of a type H
civil enforcement only in the context legitimation card) with a white
of their work. They also enjoy inviola- strip.
bility (of their person and residence).

18
Household staff (MP/OI) UN gives the request to the relevant
(holders of a type F legitima- organisations legal department or
tion card) with a yellow strip. to the authority with jurisdiction.
These persons have no immunity.
If the case involves a staff member
of a permanent mission, the rele-
The Swiss Mission to the UN will vant countrys Ministry of Foreign
inform an individual of the type of Affairs has the authority to handle
immunity enjoyed by the legitima- the request for revocation of im-
tion card holder upon request. munity for one of its officials. The
Swiss Mission to the UN sends the
3. Revocation of immunity request to the FDFA, which in turn
asks the local Swiss embassy to
Persons with immunity from legal submit a request for revocation of
proceedings and enforcement cannot immunity to the relevant countrys
be summoned before a Swiss court Ministry of Foreign Affairs.
unless their immunity has first been
revoked. They also cannot be served 4. Criminal complaint
with a legal document (e.g., sent a
summons to appear in court). It is understood that Article 32
if a criminal com- Vienna Convention
The petitioning spouse (the one wi- plaint is filed against
shing to file a petition) must request a person with immunity from cri-
that the immunity of the defendant minal proceedings, the chief
spouse (the person against whom prosecutor or the judge presiding
proceedings are being initiated) be over the criminal proceedings must
revoked. request revocation of the persons
immunity in order to be able to in-
The request for revocation of immunity, vestigate the case.
including a justification and any useful
accompanying documents, must be sent
to the Swiss Mission to the UN, which COSTS OF SEPARATION OR
forwards it to the competent authority. DIVORCE PROCEEDINGS
If the case involves a staff member In general, the costs (legal fees)
of an international organisation, of separation are between CHF 200
the organisations director or se- and CHF 1,000, and for divorce
cretary-general has the authority to proceedings between CHF600 and
revoke the immunity of one of its CHF6,000 (Geneva rates).
officials. So the Swiss Mission to the

19
They are set by the court, which bases cessary for evaluating the applicants
its decision on an internal directive. financial and personal situation must
be attached to the application.
If the person has insufficient finan-
cial resources, the costs may be paid
by the State through legal aid. COLLECTION OF ALIMONY
PAYMENTS
LEGAL AID When the Court of First Instance has
set a support payment for the spouse
When the spouse wishing to begin se- or children and the partner owing the
paration or divorce proceedings is in payment does not meet his obligation,
financial difficulties, she can apply for the partner to whom the payment is
legal aid, the purpose of which is to owed can apply to her cantons agency
provide financial assistance to persons for alimony advances and collections
with insufficient resources to ensure (in Geneva, this is the Cantonal Service
that their interests are defended. for Advances and Recovery of Alimony,
also known as SCARPA) to assert her
Legal aid can cover some or all ex- right and that of the minor children in
penses. In the first case, it is limited to her care.
certain pleadings or to the proceedings
in the Court of First Instance. It in- Failure to properly fulfil the support
cludes an exemption from paying court obligation includes:
costs in advance, particularly compen-
sation for witnesses and interpreters; non-payment,
appointment of a lawyer; and exemp- partial payment, or
tion from paying the lawyer. irregular payment of alimony.

To receive legal aid, the recipient The support payment set by the court
may be required to make a month- decision is due in full by no later
ly payment of between CHF 30 and than first of the current month.
CHF100. The amount is set based on
the persons income and expenses, In Geneva, SCARPA Articles 2 and 5,
Act Concerning
and on the type of proceedings. will intervene upon
Alimony Advances
request and at no and Collections
Application for aid must be made on an charge on behalf of (Loi sur lavance
official form, available from the Clerk of anyone owed alimony, et le recouvrement
the Courts office at the Court of First to ensure enforcement des pensions
Instance (address in the appendix) or of court-ordered pay- alimentaires,
on the Internet. All documents ne- ments. The person or LARPA)

20
owed the money signs an agreement
authorising the agency to intervene.
Then SCARPA will undertake any re-
quired action for example, legal
proceedings or a criminal complaint
against the person who owes the
payment to ensure that any payments
due are made.

The agreement with SCARPA has no


retroactive effect. This means that
the agencys actions concern only
payments yet to be made, not any
payments due in the past.

SCARPA advances the payments to


the person to whom they are owed,
beginning when the agreement is
signed and for a maximum of 36 mon-
ths. In special cases, this period can
be extended to 48 months if a child
who has not yet reached school age
is involved.

The amount of an advance for children


is the amount of the alimony specified
in the court decision, up to a maxi-
mum of CHF 673 per child per month.
Article 4,
The amount of an ad-
Implementing
Regulation for the vance for the spouse,
Act Concerning former spouse, regis-
Alimony Advances tered domestic partner,
and Collections or former registered
(Rglement domestic partner is the
dapplication de amount of the alimony
la Loi sur lavance specified in the court
et le recouvrement decision or agreement,
des pensions
up to a maximum of
alimentaires, or
RARPA) CHF 833 per month.

21
REMAINING IN SWITZERLAND
AFTER SEPARATION, DIVORCE
OR WIDOWHOOD

As previously indicated, one of the In practical terms, this means that the
conditions for granting a legitimation legitimation card is not immediately
card to a spouse is that she must be revoked, and renewal may be possible
living with the principal individual despite the separation and/or the end
beneficiary. So separation and divorce of conjugal life, provided that the prin-
directly affect the granting or renewal cipal individual beneficiary continues
of the spouses legitimation card. to hold his card.

Widowhood, as it also ends in common In contrast, a spouse who did not hold
life with its principal individual bene- a Ci permit at the time of separation
ficiary of the legimation card, has, as cannot obtain such a permit. A person
well, a direct impact on the residence of who already has a Ci permit may keep
the person accompanying the principal it until it expires or until the divorce is
beficiary. decreed. So, if the parties stop living
together, no Ci permit will be issued
The practice of the Swiss Mission to the if the spouse has never had one before
UN, the entity that issues and revokes or if her permit has expired.
legitimation cards, is to allow the spouse
(and children, if applicable) to continue Still, this is a very precarious situation.
holding their legitimation card while a It is not a right, only one possible
separation (measures to conserve the course of action that is customary on
marital relationship) or divorce is in the part of the issuing agency, which
process, even though they are no longer however still retains discretion.
living with the principal individual bene-
ficiary, until such time as the divorce is In principle, a spouse who wishes to
finalised. It is up to the foreign delega- continue living in Switzerland after
tion or international organisation with a separation, divorce, or widowhood,
which the principal individual beneficiary must apply for a residence permit under
is connected to notify the Swiss Mission ordinary law, i.e., the FNA, or for EU ci-
to the UN that separation or divorce tizens under the Agreement On the Free
proceedings are underway, and to provi- Movement of Persons (Accord sur la libre
de the spouses new address. The same circulation des personnes hereafter refer-
applies in case of widowhood. red to by its French acronym ALCP).

22
REQUESTING A RESIDENCE
PERMIT UNDER ORDINARY LAW;
NATURALISATION

The legitimation card holders spouse of hiring or certification of employ-


may find herself in very different ment (employment contract). EU-2
legal situations depending on her citizens must always have a work
national origin. permit.

For persons engaged in paid work


EUROPEAN UNION lasting less than three months in a
AND SCHENGEN AREA calendar year, no permit based on
COUNTRIES immigration law is needed. However,
they must complete the registration
The ALCP, signed on June 21, 1999 procedure.
between Switzerland and the Euro-
pean Union, makes it easier for EU For work that lasts longer, EU ci-
citizens to live and work in Switzer- tizens are required to declare their
land. The same rules apply to the arrival in the municipality where
European Free Trade Association they live in order to request a re-
(hereafter EFTA), i.e., Iceland, sidence permit. To do so, they must
Liechtenstein, and Norway. bring a notification of hiring or cer-
tification of employment signed by
This applies to all EU countries their employer. Depending on the
except Bulgarian and Romanian duration of the work, the authorities
citizens (EU-2), who will remain will issue a short-term residence
subject to restrictions until no later permit or a normal residence permit.
than May 31, 2016.
There are various residence permits
So people from EU or EFTA countries for EU citizens: the L EU/EFTA
can more easily live in Switzer- short-term residence permit, the
land with authorisation to work. B EU/EFTA residence permit, the
They need only a residence permit, G EU/EFTA border-zone residence
which also serves as a work permit, permit, and the C EU/EFTA perma-
although such a permit is issued nent residence permit.
only if they present a notification

23
All requisite information is available on renewable until the permanent resi-
the Federal Immigration Office website dence card (C permit) is issued.
at https://www.bfm.admin.ch/content/
bfm/en/home.html The conditions for admission for
paid work are as follows:
For persons from countries outside the
EU or EFTA, the situation is completely the persons admission must serve
different, since these persons are sub- the countrys economic interests
ject to the rules set forth in the FNA. the application must be sub-
mitted by the employer
compliance with limitations,
APPLYING FOR A and the principle of priority for
RESIDENCE PERMIT resident workers
UNDER ORDINARY LAW
The Federal Council sets the limi-
After losing her legitimation card, or tations, which cap the number of
before if she anticipates losing it, the short-term residence permits and ini-
spouse can apply for a residence per- tial residence permits issued for the
mit under the usual rules described in purposes of paid work.
the FNA.
According to the order of priority, a
Persons planning to end conjugal foreign national cannot be admitted
life or to divorce are strongly ad- to perform paid work unless it can be
vised to expect the loss of their le- shown that no worker from Switzer-
gitimation card and to apply for a land or from a country with which
residence permit under the FNA as Switzerland has a free movement of
quickly as possible. persons agreement and meeting the
required qualifications could be found.
There are several possibilities, mainly
the following. 2. Admission without paid work

1. Admission for paid work It is possible to Article 27 FNA,


request a resi- Article 23 Ordinance
Articles 18 The spouse can apply dence permit for On Entry, Residence,
et seq., FNA for a residence card the purposes of and Gainful
Employment
(B permit) cove- initial or refresher
(Ordonnance relative
ring a long-term stay related to a training.
ladmission, au
specific goal, namely paid employ- sjour et lexercice
ment or self-employment. The initial dune activit
permit is limited to one year, and is lucrative, hereafter
OASA)

24
The conditions for admission are as The determination of Article 31
follows: the extreme serious- par. 1 OASA
ness of a case is left
attend training offered by a to the discretion of the authori-
recognised public or private ties. The canton recommends to the
educational institution (school, Swiss Confederation (Immigration
university, training institute, etc.) Office) whether the permit should
be admitted to the institution be granted. The Swiss Confederation
have secured appropriate lodging makes the final decision.
have the necessary financial
means It must consider the following issues:
have the level of education and
personal qualifications required the persons degree of integration
for enrolment in the planned the persons respect for the Swiss
training legal system, i.e., the absence of
be able to guarantee departure any criminal convictions
from Switzerland at the end of family situation, especially during
the course the schooling of the children, and
the time the children have spent
Article 38 OASA The student is autho- in school (teen years spent in
rised to undertake Switzerland are a decisive factor)
incidental paid employment under financial situation: financial
certain conditions, namely if the paid independence, no debt collections,
work is compatible with the training desire to participate in economic
and does not delay its end, the work life, desire to receive training
does not exceed 15 hours per week, length of stay in Switzerland
the employer has made a request, and (between four and ten years,
the worker is paid at least the mini- depending on the other criteria)
mum wage for the sector. health
opportunities for reintegration in
3. Humanitarian permit the country of origin

Article 30 The law provides that The holder of this type Article 31
par. 1(b) FNA a residence permit of residence permit can par. 3 OASA
may be issued in request a permit to do
extremely serious cases of personal paid work.
hardship. This residence permit is
commonly called the humanitarian It should be noted that Article 62 FNA
B permit. the residence permit
can be revoked for dependence on pu-
blic assistance, among other reasons.

25
DENIAL OF RESIDENCE no conditions attached. This means
PERMIT APPLICATION that the reason the person original-
ly came to Switzerland is no longer
If the application for a residence important.
permit is denied, the person can
appeal the competent authoritys The application for Article 62 FNA
decision. The applicant is strongly a C permit may be
advised to seek professional assis- denied under certain conditions, for
tance from specialised drop-in legal example, if the applicant has been
clinics (see the Useful Addresses convicted of a criminal offence of
section) or a lawyer to formulate a certain level of severity, or if the
the appeal and/or evaluate its applicant or a dependent of the ap-
chances for success. plicant depends on public assistance.

The issuing agency Article 96


OBTAINING A has wide latitude in par. 1 FNA
PERMANENT RESIDENCE deciding to grant a
PERMIT (C PERMIT) permanent residence permit, which
allows it to consider the specific de-
1. Conditions for issuing a C tails of each individual case. Various
permit criteria are taken into account, in
particular the applicants degree of in-
Article 34 FNA The permanent resi- tegration and personal circumstances.
dence permit can be
granted after a person has spent at 2. Issuance after a shorter stay
least ten years in Switzerland under
a short-term permit (L permit) or The permit can also Article 34
residence permit (B permit). If the be issued after a par. 3 FNA
stay is under a B permit, the card shorter stay if there
must have been held without inter- is good cause.
ruption for the past five years.
It can also be issued Article 34
It is important to note that time spent after a stay of five par. 4 and 5 FNA
in Switzerland under a legitimation years if the person
card or a Ci permit does not count is thoroughly integrated, has good
towards the time needed for the issue knowledge of one of the national
of a permanent residence permit. languages, and has resided in Swit-
zerland for an uninterrupted period
A permanent residence permit is is- of five years under a B permit.
sued with no expiration date and

26
NATURALISATION So in summary, the points consi-
dered include, among others, the
Article 15 par. 1 An application for applicants personal and professional
Swiss Citizenship Act naturalisation can be integration, good knowledge of one
(hereafter SCA) made under the fol- national language, the absence of le-
lowing conditions: gal proceedings against the person,
no criminal convictions, the appli-
twelve years of residence in Swit- cants familiarity with public life in
zerland, including three of the her neighbourhood, etc.
past five years
the residence in Switzerland has Important note! As this brochure is
been legal, i.e., under a permit as published, the Swiss parliament is
set forth in the FNA or the ALCP, debating whether to amend the Swiss
or under a legitimation card Citizenship Act.

Article 15 It is important to In principle, the consensus that


par. 2 SCA know that for child- seems to be forming would redefine
ren, any years spent the conditions as follows:
in Switzerland between the ages of
ten and twenty years count double. have lived in Switzerland for
eight years, including the year
The application is evaluated by the prior to submission of the
authority with jurisdiction; in Gene- application
va this is the CPO. be the holder of a permanent
residence permit (C permit)
Article 14 SCA The applicants suitabi- when the application is sub-
lity for naturalisation mitted
is evaluated using especially the fol- be able to communicate in one
lowing criteria: of the national languages for
the purposes of everyday life
the applicants successful be able to take pride in suc-
integration into the Swiss com- cessful integration
munity
degree to which the applicant In practical terms, this amendment
is accustomed to Swiss habits, would prevent the holder of a le-
customs, and practices gitimation card from applying for
the applicant abides by Swiss law naturalisation! Such a person would
the applicant is not a threat to first have to apply for a residence
Switzerlands internal or exter- permit under the FNA or the ALCP.
nal security

27
PERMITS FOR CHILDREN

Article 20 As indicated pre- children authorised to join their pa-


par. 1(d) viously, the children rents between the ages of 21 and 25
and 1(e) HSO of a legitimation card years and who hold a FDFA legiti-
holder or his spouse mation card do not have privileged
can also hold a legitimation card access to the labour market. They
and Ci permit, as persons entitled are subject to the usual regulations
to accompany the principal indivi- governing paid work by foreign na-
dual beneficiary. tionals in Switzerland.

Conditions for the issue of a legi-


timation card include living in the
same household, being unmarried,
and being less than 25 years old.

Once the children reach the age


of 25 years, the legitimation card
must be surrendered. So a child
who is turning 25 and wishes to
stay in Switzerland must submit an
application for a residence permit
under ordinary law (see Remaining
in Switzerland after Separation, Di-
vorce or Widowhood section p. 22).
The application must be sub-
mitted relatively early before the
twenty-fifth birthday.

Articles 20 Children of the legi-


par. 1(d) and 1(e), timation card holder
and 22 par. 1(d) or his spouse who
and 1(e) HSO entered Switzerland
before the age of 21
years enjoy privileged access to the
Swiss labour market (see The Right
to Work section p. 11). In contrast,

28
PUBLIC ASSISTANCE

In Geneva, the Hospice Gnral is In contrast, health insurance subsi-


responsible for granting public as- dies and housing allocations are not
sistance. One of the conditions for considered to be public or legal assis-
receiving such aid is that the reci- tance. So there is no risk in applying
pient must hold a valid residence for these.
permit. The legitimation card is not
considered to be a residence card that
provides access to public assistance.

However, public assistance can be


granted to a person who is applying
for a residence permit, based on
various factors and to varying de-
grees. For example, the holder of a
legitimation card who is applying for
a permit under ordinary law after a
separation or divorce could apply for
public assistance from the Hospice
Gnrals Undocumented Foreign Na-
tionals Department.

Assistance is granted until the CPOs


final decision has been made.

However, a spouse who is applying


for social assistance in this context
needs to be aware that financial in-
dependence is one of the conditions
for issuing a residence permit under
ordinary law. So the granting of public
assistance may prejudice the applica-
tions chances for success, depending
on the circumstances.

29
LEGAL RESIDENCE IN FRANCE

TEMPORARY RESIDENCE manitarian residence permit because


CARD she does not reside in Switzerland.

Article L.313-6 Code Persons who hold a


Concerning the Entry legitimation card is- FRENCH TEMPORARY
And Residence Of sued by the Swiss RESIDENCE CARD
Foreign Nationals authorities can reside AUTHORISING PAID
And the Right in France. They are WORK
To Asylum
then provided with a
(Code de lentre
et du sjour temporary residence This card is issued Article L.313-10
des trangers card under French in several cases ex- CESEDA
et du droit dasile, law, which expires af- plicitly specified by
hereafter CESEDA) ter a maximum of one law, in particular for certain autho-
year but can be re- rised employment contracts, various
newed. The residence card is issued types of professional activities for
to foreign nationals who bring proof which recruitment is difficult, and
that they can support themselves various commercial, industrial, and
solely on their own means and who fine handcraft professions, provided
agree not to accept any paid work that the activity is economically
in France. The card has the visitor viable, for highly qualified persons
notation. where the employment situation is
not applicable.
So issuance of this card depends
on the holders financial indepen-
dence, which is often jeopardised by FRENCH HUMANITARIAN
a separation. The holder of a Swiss RESIDENCE CARD
legitimation card and a French vi-
sitor temporary residence card must The temporary residence card can be
therefore apply to the French autho- issued to a foreign national for huma-
rities for another type of residence nitarian reasons or when justified for
card if she wishes to continue living exceptional reasons.
in France after the separation.
The government au- Article L.313-14
Article L.313-14 The person cannot thority must submit 2 CESEDA
CESEDA apply for a Swiss hu- the foreign nationals

30
request for exceptional admission to The resident card is Articles L.311-2(2),
resident status to a committee, which valid for ten years. In L.314-8 to L.314-12,
takes it under advisement. The ap- principle, it is auto- L.314-1, L.314-2
plicant must offer all available proof matically renewable. CESEDA
that she has been living in France for
more than ten years.

THE FRENCH RESIDENT


CARD
A foreign national who lives in
France under a temporary residence
card may apply for a resident card
under certain conditions.

Among the conditions for issuing


such a card are the following:

the persons degree of integra-


tion into French society
respect for the principles of the
French Republic
an adequate knowledge of the
French language (except for per-
sons over the age of 65 years)
at least five years of uninterrup-
ted residence in France under a
residence card
a stable livelihood providing
sufficient resources to meet the
persons own needs; these re-
sources must amount to at least
the index-linked guaranteed
minimum wage (the SMIC)
and are evaluated taking housing
conditions into consideration

31 31
CONCLUSION

The legitimation card issue is clo- On the contrary, it would seem that
sely tied to that of integration of soon the legitimation card holder
international organisation staff will no longer even be able to ap-
members and their families into the ply for naturalisation, once the SCA
Swiss community in general, and the has been amended! At that point,
Geneva community in particular. the status of the legitimation card
holders spouse will be very preca-
The legitimation card is an authori- rious indeed.
sation that depends on the principal
individual beneficiary having paid In the case of separations, this pre-
work. It is a temporary authorisa- cariousness unfortunately all too
tion that allows its holder and his often leads to tragic situations. For
family legally to reside in Switzer- example, when wives face the pros-
land. However, it does not make pect of returning to a country of
any provisions for the fact that fa- origin they left years ago, and which
milies form and break up according their own children sometimes do
to the years spent in Switzerland, not even know, the poor prospects
even while they remain under these of obtaining a residence permit can
authorisations. So when the card drive them to let themselves be
holder no longer has his job, the abused and psychologically pres-
children reach the age of 25 years, sured by their husbands.
or the spouses separate, the wife of
a former legitimation card holder is So the spouse of a legitimation
in a precarious situation because card holder should keep the condi-
she is no longer covered by a valid tions for issuance of a residence
residence permit. card under ordinary law in mind and
prepare for an eventual separation
Return of the legitimation card or the possible end of the principal
does not confer any automatic right individual beneficiarys employment
to the issue of a residence permit relationship.
under ordinary law, even when this
might be justified by the familys A WORD OF ADVICE
degree of integration or personal
and humanitarian situation. preference is given to people
who are personally well inte-
grated, whether through ties

32
to persons who participate
in local life, neighbourhood
centres, associations, etc.

aim for professional and finan-


cial independence as much as
possible

everyone is encouraged to
become familiar with one of
the national languages, which
is an important consideration
in granting a residence permit

As is evident from this brochure,


the legal status of a legitimation
card holders spouse can be preca-
rious, so she is strongly advised
to consult specialised associations
and professionals for problems of
any kind, in order to obtain prac-
tical, effective advice.

A wide range of support and ad-


visory structures is available for
such persons. A list of important
addresses can be found in the fol-
lowing section.

33
USEFUL ADDRESSES

F-Information Womens Information, Orienta-


tion, and Documentation Centre
Rue de la Servette 67 Legal, professional, and psycho-
CP 128 social consultations
1211 Genve 7 (by appointment)
Tel. 022 740 31 00 Group activities
femmes@f-information.org Specialised library focusing on
www.f-information.org the topics of women, familiy,
and equality

IN GENEVA AND VAUD Protestant Social Centre


CANTONS Rue du Village-Suisse 14
Case postale 171
CANTONAL OFFICES SERVING 1211 Genve 8
FOREIGN NATIONALS Tel. 022 807 07 00
info@csp-ge.ch
Geneva Cantonal Population Office- www.csp.ch
CPO
Route de Chancy 88 Caritas Geneva
1213 Onex Rue de Carouge 53
Tel. 022 546 46 46 Case postale 75
www.ge.ch/ocp/contact.asp 1211 Genve 4
Tel. 022 708 04 44
Vaud Population Service www.caritasge.ch
Avenue de Beaulieu 19
1014 Lausanne INTERNATIONAL GENEVA
Tel. 021 316 46 46 ORGANISATIONS
info.etrangers@vd.ch
www.vd.ch/autorites/departements/ Permanent Mission of Switzerland
decs/population/contacts-et-adresses/ to UNOG
Privileges & Immunities Section
LEGAL SUPPORT ORGANISATIONS Rue de Varemb 9-11
1211 Genve 20
F-Information Tel. 022 749 24 24
(see box above) mission-geneve-oi@eda.admin.ch

34
Staff counsellors/Welfare officers EMPLOYMENT ASSISTANCE
of international organisations
ONUG/ONU Tel. 022 917 22 33 Cantonal Employment Office
staffcounselors@unog.ch Rue des Gares 16- Case postale
UNHCR Tel. 022 739 80 82 2555- 1211 Genve 2
mimica@unhcr.org Tel. 022 546 36 66
ILO/BIT Tel. 022 799 69 01 www.ge.ch/oce/
menes@ilo.org
WIPO/OMPI Tel. 022 338 82 24 ORGANISATIONS PROVIDING SOCIAL,
lisa.pasquale@wipo.int FINANCIAL, AND ADMINISTRATIVE
WHO/OMS Tel. 022 791 32 31 ASSISTANCE
casalisn@who.int
ITU/UIT Tel. 022 730 53 80 Hospice Gnral - Geneva
catherine.barambon@itu.int Cours de Rive 12
WMO/OMM Tel. 022 730 83 47 Case postale 3360
nyersin@wmo.int 1211 Genve 3
CERN Tel. 022 767 42 01 Tel. 022 420 52 00
Social.Affairs@cern.ch contact@hospicegeneral.ch
WTO/OMC Tel. 022 739 50 73 www.hospicegeneral.ch/notre-
ian.bates@wto.org institution/contacts.html

Geneva Welcome Centre Cantonal Service for Advances


La Pastorale and Recovery of Alimony - SCARPA
Route de Ferney 106 Rue Ardutius-de-Faucigny 2
Case postale 103 Case postale 3429
1211 Genve 20 1211 Genve 3
Tel. 022 546 14 00 Tel. 022 546 30 00
welcome@etat.ge.ch SCARPA visits require an appointment
www.cagi.ch
Vaud Regional Social Centre
Bureau for the Integration Each region has its own centre
of Migrants http://www.caisseavsvaud.ch/
Route de Chancy 88 d2wfiles/document/1076/5030/0/
1213 Onex agences_assurances_sociales.pdf
Tel. 022 546 74 99
integration.etrangers@etat.ge.ch Undocumented Foreign Nationals
www.ge.ch/integration Department - Hospice Gnral
Rue de Lausanne 45-47A
Case postale 2468
1211 Genve 2
Tel. 022 420 57 20 ou 022 420 57 29

35
Health Insurance Department IN FRANCE
Route de Frontenex 62
1207 Genve LEGAL SUPPORT ORGANISATIONS
Tel. 022 546 19 00
sam@etat.ge.ch National Centre for Information
www.ge.ch/sam/ on the Rights of Women and
Families - CNIDFF
Housing Office AIN :
Rue du Stand 26 Place Louis Blriot 110
Case postale 3937 01100 Bourg-en-Bresse
1211 Genve 3 Tl . O033 474 22 39 64
Tel. 022 546 65 00
www.ge.ch/logement/aides- HAUTE-SAVOIE :
personne/allocation-base.asp Rue Louis Armand 1
74000 Annecy
DOMESTIC VIOLENCE Tl . 0033 450 09 52 40

LAVI Center Geneva Maison Transfrontalire du Droit


Boulevard Saint-Georges 72 et de la Justice
1205 Genve Avenue de Genve 26
Tel. 022 320 01 02 74160 St-Julien-en-Genevois
info@centrelavi-ge.ch
www.centrelavi-ge.ch/ Maison du Droit et de la Justice
Rue du Levant 3
Womens Solidarity - Solidarit 74100 Annemasse
femmes
Rue de Montchoisy 46 Maison Transfrontalire Europenne
1207 Genve Rue de Genve 50
Tel. 022 797 10 10 74103 Annemasse
info@solidaritefemmes-ge.org Tel. 0033 450 38 21 61
www.solidaritefemmes-ge.org Rue de Genve 62
01630 St-Genis-Pouilly
Tel. 0033 450 42 65 65

ORGANISATIONS PROVIDING SOCIAL,


FINANCIAL, AND ADMINISTRATIVE
ASSISTANCE

Ain Prefecture (01)


Avenue dAlsace Lorraine 45

36
01012 Bourg-en-Bresse Cedex EMPLOYMENT ASSISTANCE
Tel. 0033 474 32 30 00
www.ain.gouv.fr National Employment Agency -
Ple Emploi
Gex Sub-Prefecture (01) AIN :
Rue Charles Harent 26- BP 409 Saint-Genis-Pouilly
01174 Gex Cedex Rue de Genve 60
Tel. 0033 450 41 51 51 01630 St-Genis-Pouilly

Haute-Savoie Prefecture (74) HAUTE SAVOIE :


Rue du 30me rgiment dinfanterie Saint-Julien-en-Genevois
BP 2332 Immeuble le Gallien
74034 Annecy Cedex Avenue de Genve 26
Tel. 0033 450 33 60 00 74160 Saint-Julien-en-Genevois
prefecture@haute-savoie.gouv.fr Thonon-les-Bains
www.haute-savoie.gouv.fr Place de la Gare 5 BP 167
74000 Thonon-les-Bains
Haute-Savoie Sub-Prefecture (74) Annemasse
Avenue de Genve 4 - BP 44104 Centre commercial Le Perrier
74164 St-Julien-en-Genevois Cedex Avenue de Verdun 21 - BP 360
Tel. 0033 450 35 13 13 74100 Ambilly
sp-saint-julien@haute-savoie.gouv.fr Annecy
Avenue de Genve 127 74000
Social Action Community Centres Annecy
AIN: Gex
Rue de lhorloge 77 - BP 407 DOMESTIC VIOLENCE
01174 Gex
Tel. 0033 450 42 63 01 Association dAide aux Victimes
et Mdiation dans lAin - AVEMA
HAUTE SAVOIE : Saint-Julien, Viry, Rue de la Bibliothque 1
Thonon-les-Bains, Annemasse, 01000 Bourg en Bresse
Annecy Tel. 0033 474 32 27 12
www.sanitaire-social.com/annuaire/ avema.01@wanadoo.fr
centre-communal-d-action-so-
ciale-ccas-rhone-alpes-haute-sa- Association Accueil Gessien
voie/74/62/dc/1 (hbergement durgence)
Rue de Derde 75
Maison de la solidarit 01170 Gex
AIN : Pays de Gex Bellegarde Tel. 0033 450 41 61 82
Tel. 033 450 20 52 20

37
SOURCES AND BIBLIOGRAPHY

Federal Department of Foreign


Affairs
http://www.eda.admin.ch/eda/en/
home/topics/intorg/un/unge/gepri/
manimm/manim2.html

Autorisations de sjour en Suisse,


un guide juridique, Magalie Gafner,
Editions La Passerelle du Centre Social
Protestant Vaud, Lausanne, 2008.

FDFA informative leaflet, The System


of Diplomatic and Consular Privile-
ges and Immunities in Switzerland,
October 2011.

FDFA manual, Access To the Swiss


Labour Market For Family Members
of Permanent-Mission and Interna-
tional-Organisation Staff Members.
http://www.eda.admin.ch/eda/en/
home/topics/intorg/un/unge/gepri/
mandir/mandi1.html

38
Published for the fifth time by F-Information, this brochure highlights the issues
in relation with the status of the persons accompanying the beneficiaries of a
legitimation card, working in the various diplomatic or consular corps, the permanent
or special missions and the international organisations in Geneva.

This status applies mainly to the spouses and children of internationals , who
will, sometimes reside in Switzerland for a great number of years. The ups and
downs of family life can then contribute to the precarious situation of these persons,
as they depend on the shared life with the principal individual beneficiary of the
legitimation card.

This brochure aims at providing them information, advice and support in case of
separation, divorce or widowhood as well as about how to have access to the job
market or how to ask for a residence permit.

One can also find in this brochure numerous addresses useful to the professionals
who will have to inform the persons concerned by this issue.

This brochure, also translated in english, is a short practical guide about the rights
of the person entitled to accompany a spouse working in the international or
diplomatic organisations.

F-Information
67 rue de la Servette
1202 GENVE
tel : 022 740 31 00
fax : 022 740 31 44
femmes@f-information.org
www.f-information.org