The Legitimation Card and “Ci” Permit

THE LEGITIMATION CARD AND “CI” PERMIT

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Natinalité Date de naissance EDITOR: F-Information 67 rue de la Servette 1202 Genève tel : 022 740 31 00 - fax : 022 740 31 44 [email protected] 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 Mrs Sandrine 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 Geneviève 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. Women’s Guild, the Liaison Center of the Women’s Associations, the associations members of the Women’s 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 international 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 brochure 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 INTRODUCTION 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 children’s 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 separate from her husband, Mrs. O. loses the right to hold a “Ci” permit 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 origin” 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 residence 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 PARTICULARITYsidence permit and certifies the of the Federal Department of Foreign holder’s 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 characteristic 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 fédérale sur les principal individual beneficiary works étrangers, hereafter “FNA”), but by in a Geneva-based international orga- the Host State Ordinance (Ordon- nisation or mission. Questions about nance relative à la Loi fédérale sur the legitimation card issuance process les privilèges, immunités et facilités, can be asked in person at the Swiss ainsi que sur les aides financières ac- Mission to the UN. cordés par la Suisse en tant qu’Etat hôte, 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 fédérale BE GRANTED TO THE sur les privilèges, immunités et facili- SPOUSE? tés, ainsi que sur les aides financières accordés par la Suisse en tant qu’Etat 1. Beneficiary of the main card hôte, hereafter “HSA”), which allows Switzerland to grant certain privile- The first condition is Article 2 ges such as exemption from the FNA’s 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 organisations, diplomatic missions, consular c. The principal individual beneficiary’s 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 beneficiary’s 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 beneficiary’s 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 beneficiary’s lows. same-sex partner who is not recognised as an official partner a. The principal individual beneficiary’s or dependent, when proof of a spouse. long-term relationship is provided and if the persons concerned are b. The principal individual beneficiary’s 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 beneficiary’s 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 beneficiary’s 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- beneficiary’s sole care. cipal individual beneficiary satisfies the requirements. d. The unmarried children of the principal individual beneficiary’s 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 beneficiary’s 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 beneficiary’s 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 beneficiary’s 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 principal 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 accompany the principal beneficiary depends solely on the principal beneficiary’s legitimation card. The accompanying person has no right of her own to an individual 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 beneficiary’s duration of the principal individual legitimation card remains valid. beneficiary’s 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 beneficiary’s 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 diplomatic and consular privileges and immunities in Switzerland (Régime des Privilèges et Immunités diplo- matiques et consulaires en Suisse), October 2011.

The leaflets are available on the FDFA’s 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 procédure civile suisse, sis in an emergency: hereafter “CPC”) provides 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 parties, 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 fédérale sur one of them resides in Switzerland, le droit international privé, 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 person’s assets.

In practical terms this means, for IN CASES OF DIPLOMATIC example, that an unpaid support IMMUNITY payment cannot be garnished directly from the wages of the person 1. Definition who owes it, if that person is protected 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 person’s job. This means that Convention on Diplomatic Relations the person’s 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 state’s 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 petition 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” legitimation 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” legitimation 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” legimation 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. ÚÚ 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 ÚÚ 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. ÚÚ These persons are granted immunity 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- organisation’s legal department or tion card) with a yellow strip. to the authority with jurisdiction. ÚÚ 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 country’s 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 country’s 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 person’s 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 organisation’s director or se- and CHF 1,000, and for divorce cretary-general has the authority to proceedings between CHF 600 and revoke the immunity of one of its CHF 6,000 (Geneva rates). officials. So the Swiss Mission to the

19 They are set by the court, which bases cessary for evaluating the applicant’s its decision on an internal directive. financial and personal situation must be attached to the application. If the person has insufficient financial 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 canton’s 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. CHF 100. The amount is set based on the person’s 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 l’avance official form, available from the Clerk of anyone owed alimony, et le recouvrement the Court’s 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 required 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 agency’s 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 months. 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 maximum 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 (Règlement domestic partner is the d’application de amount of the alimony la Loi sur l’avance 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 spouse’s legitimation card. to hold his card.

Widowhood, as it also ends in common In contrast, a spouse who did not hold life with it’s 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 beneficiary, 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 spouse’s 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 holder’s 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 certification 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 person’s admission must serve different, since these persons are sub- the country’s economic interests ject to the rules set forth in the FNA. • the application must be submitted 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 (“B” permit) cove- initial or refresher Employment (Ordonnance relative ring a long-term stay related to a training. à l’admission, au specific goal, namely paid employ- séjour et à l’exercice ment or self-employment. The initial d’une activité 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 person’s degree of integration for enrolment in the planned • the person’s 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 public assistance, among other reasons.

25 DENIAL OF RESIDENCE no conditions attached. This means PERMIT APPLICATION that the reason the person originally came to Switzerland is no longer If the application for a residence important. permit is denied, the person can appeal the competent authority’s 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 applicant’s 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 considered include, among others, the Article 15 par. 1 An application for applicant’s 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- cant’s 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 applicant’s 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 applicant’s 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 Switzerland’s 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 legitimation 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 submitted 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 PERMITS FOR CHILDREN PUBLIC ASSISTANCE

In Geneva, the Hospice Général 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 Général’s Undocumented Foreign Na- tionals Department.

Assistance is granted until the CPO’s final decision has been made.

However, a spouse who is applying for social assistance in this context needs to be aware that financial independence is one of the conditions for issuing a residence permit under ordinary law. So the granting of public assistance may prejudice the application’s 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 l’entrée et du séjour temporary residence This card is issued Article L.313-10 des étrangers card under French in several cases ex- CESEDA et du droit d’asile, 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 holder’s financial independence, which is often jeopardised by FRENCH HUMANITARIAN a separation. The holder of a Swiss RESIDENCE CARD legitimation card and a French “visitor” 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 national’s

30 LEGAL RESIDENCE IN FRANCE 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 person’s degree of integration into French society • respect for the principles of the French Republic • an adequate knowledge of the French language (except for persons over the age of 65 years) • at least five years of uninterrupted residence in France under a residence card • a stable livelihood providing sufficient resources to meet the person’s own needs; these resources 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 holder’s 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 beneficiary’s employment to the issue of a residence permit relationship. under ordinary law, even when this might be justified by the family’s A WORD OF ADVICE degree of integration or personal and humanitarian situation. • preference is given to people who are personally well integrated, whether through ties

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

• aim for professional and financial 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 holder’s spouse can be precarious, so she is strongly advised to consult specialised associations and professionals for problems of any kind, in order to obtain practical, 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 following section.

33 USEFUL ADDRESSES

F-Information • Women’s Information, Orienta- tion, and Documentation Centre Rue de la Servette 67 • Legal, professional, and psycho- CP 128 social consultations 1211 Genève 7 (by appointment) Tel. 022 740 31 00 • Group activities [email protected] • 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 Genève 8 FOREIGN NATIONALS Tel. 022 807 07 00 [email protected] 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 Genève 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 [email protected] www.vd.ch/autorites/departements/ Permanent Mission of Switzerland decs/population/contacts-et-adresses/ to UNOG Privileges & Immunities Section LEGAL SUPPORT ORGANISATIONS Rue de Varembé 9-11 1211 Genève 20 F-Information Tel. 022 749 24 24 (see box above) [email protected]

34 USEFUL ADDRESSES Staff counsellors/Welfare officers EMPLOYMENT ASSISTANCE of international organisations • ONUG/ONU – Tel. 022 917 22 33 Cantonal Employment Office [email protected] Rue des Gares 16 - Case postale • UNHCR – Tel. 022 739 80 82 2555 - 1211 Genève 2 [email protected] Tel. 022 546 36 66 • ILO/BIT – Tel. 022 799 69 01 www.ge.ch/oce/ [email protected] • WIPO/OMPI – Tel. 022 338 82 24 ORGANISATIONS PROVIDING SOCIAL, [email protected] FINANCIAL, AND ADMINISTRATIVE • WHO/OMS – Tel. 022 791 32 31 ASSISTANCE [email protected] • ITU/UIT – Tel. 022 730 53 80 Hospice Général - Geneva [email protected] Cours de Rive 12 • WMO/OMM – Tel. 022 730 83 47 Case postale 3360 [email protected] 1211 Genève 3 • CERN – Tel. 022 767 42 01 Tel. 022 420 52 00 [email protected] [email protected] • WTO/OMC – Tel. 022 739 50 73 www.hospicegeneral.ch/notre- [email protected] 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 Genève 20 1211 Genève 3 Tel. 022 546 14 00 Tel. 022 546 30 00 [email protected] 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 [email protected] Undocumented Foreign Nationals www.ge.ch/integration Department - Hospice Général Rue de Lausanne 45-47A Case postale 2468 1211 Genève 2 Tel. 022 420 57 20 ou 022 420 57 29

35 Health Insurance Department IN FRANCE Route de Frontenex 62 1207 Genève LEGAL SUPPORT ORGANISATIONS Tel. 022 546 19 00 [email protected] 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 Blériot 110 Case postale 3937 01100 Bourg-en-Bresse 1211 Genève 3 Tél . 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 Tél . 0033 450 09 52 40

LAVI Center Geneva Maison Transfrontalière du Droit Boulevard Saint-Georges 72 et de la Justice 1205 Genève Avenue de Genève 26 Tel. 022 320 01 02 74160 St-Julien-en-Genevois [email protected] www.centrelavi-ge.ch/ Maison du Droit et de la Justice Rue du Levant 3 Women’s Solidarity - Solidarité 74100 Annemasse femmes Rue de Montchoisy 46 Maison Transfrontalière Européenne 1207 Genève Rue de Genève 50 Tel. 022 797 10 10 74103 Annemasse [email protected] Tel. 0033 450 38 21 61 www.solidaritefemmes-ge.org Rue de Genève 62 01630 St-Genis-Pouilly Tel. 0033 450 42 65 65

ORGANISATIONS PROVIDING SOCIAL, FINANCIAL, AND ADMINISTRATIVE ASSISTANCE

Ain Prefecture (01) Avenue d’Alsace Lorraine 45

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

Haute-Savoie Prefecture (74) HAUTE SAVOIE : Rue du 30ème régiment d’infanterie Saint-Julien-en-Genevois BP 2332 Immeuble le Gallien 74034 Annecy Cedex Avenue de Genève 26 Tel. 0033 450 33 60 00 74160 Saint-Julien-en-Genevois [email protected] 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 Genève 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 [email protected] Annecy Avenue de Genève 127 – 74000 Social Action Community Centres Annecy AIN: Gex Rue de l’horloge 77 - BP 407 DOMESTIC VIOLENCE 01174 Gex Tel. 0033 450 42 63 01 Association d’Aide aux Victimes et Médiation dans l’Ain - AVEMA HAUTE SAVOIE : Saint-Julien, Viry, Rue de la Bibliothèque 1 Thonon-les-Bains, Annemasse, 01000 Bourg en Bresse Annecy Tel. 0033 474 32 27 12 www.sanitaire-social.com/annuaire/ [email protected] centre-communal-d-action-so- ciale-ccas-rhone-alpes-haute-sa- Association Accueil Gessien voie/74/62/dc/1 (hébergement d’urgence) Rue de Derde 75 Maison de la solidarité 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 séjour 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 SOURCES AND BIBLIOGRAPHY 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 GENÈVE tel : 022 740 31 00 fax : 022 740 31 44 [email protected] www.f-information.org