Procedural stay explained simply: may I stay while my application is pending?

Imagine: you came to Switzerland as a visitor or tourist, fell in love and want to marry here. Or your family lives here and you want to stay. You apply for a residence permit. The question that comes up immediately: May I stay until the decision, or do I have to leave? That is exactly what the «procedural stay» is about.

In brief

What does «manifestly met» mean?

The Federal Supreme Court holds that it is enough if the chances of obtaining a permit are significantly higher than the chances of a refusal (BGE 139 I 37). For this the authority carries out only a rough, preliminary assessment, not an in-depth investigation. This is typical for clear entitlements, for example spouses of Swiss citizens or of persons with a settlement permit (Art. 42 and 43 AIG), or where there is a right to protection of family life (Art. 8 ECHR).

The ordinance names three points: your documents prove an entitlement, there are no grounds for revocation, and you cooperate in the clarification (Art. 6 para. 1 VZAE). Although the law says «may»: if the requirements are manifestly met, the authority must as a rule allow the stay.

Typical situations

• Marriage: The most common case. The right to marry is a fundamental right. Someone who is lawfully in Switzerland, for example as a visitor, and wants to marry therefore, according to case law and legal commentary, will generally receive a short-term residence permit or a simple tolerance declaration for the wedding preparations. In the canton of Zurich this is usual for at least three months, extendable by a further three months if needed. If the authorities nevertheless want to require you to leave, have this reviewed. Practice differs from canton to canton.
• Family members with an entitlement: Someone who is visiting as a family member with an entitlement and decides to stay can likewise rely on the procedural stay.
• Change of purpose of stay: Someone who came as a visitor and now has something else in mind can also rely on the provision. For permits that lie within the discretion of the authority, however, the chances are lower.
• Without a right of residence in Switzerland: Even someone who is not lawfully present can, under strict conditions, rely on the procedural stay (BGE 137 I 351; 139 I 37). The Civil Code in principle requires lawful residence for marriage (Art. 98 para. 4 ZGB); the Federal Supreme Court, however, requires an exception where the requirements would manifestly be met after the marriage, the missing right of residence is practically the only obstacle, and the papers can be obtained within a foreseeable time; a guideline is around six months (BGer 2D_14/2021).
• Children at school: For children already enrolled in school, for example during a hardship procedure, the best interests of the child may require a procedural stay.

Neither minor offences nor a merely hypothetical risk of social assistance are enough to justify a refusal. What counts is a realistic prognosis of the future, not a presumption.

What is not enough

Renting an apartment, signing an employment contract, enrolling children in school, founding a company or buying property: none of this on its own creates an entitlement to a permit (Art. 6 para. 2 VZAE). The authority must, however, take it into account when exercising its discretion (BGE 139 I 37).

Deadlines you should know

• Stay without a permit: up to three months within six months after entry (Art. 9 VZAE). If you want to change the purpose, register no later than 14 days before it expires (Art. 10 para. 2 VZAE).
• Extending a visa: no later than 14 days before expiry, with the cantonal migration authority (Art. 11 VZAE). This deadline is an administrative guideline: someone who misses it can still rely on the procedural stay.
• Already permitted stay (short-term stay, B permit): The application for extension must be filed no later than 14 days before expiry. During the procedure you may remain in Switzerland unless the authority orders otherwise (Art. 59 VZAE).

And the authority? May it simply wait?

No. The authority must deal with the application promptly and may not let it sit until your deadline runs out; even if it considers the permit doubtful, it may not suspend the procedure until you have left (BGer 2C_76/2013). If it refuses the procedural stay, you can challenge that. In practice, suspensive effect is then often decisive: apply for it expressly.

Not applicable

Art. 17 AIG does not apply to EU/EFTA nationals who rely on the Agreement on Free Movement of Persons: their right of residence does not arise only with the permit.

Practical tips

• File the application on time and with written reasons: why are the requirements manifestly met? Attach evidence.
• Note all deadlines and observe them.
• Do not go underground: being open with the authority is part of the duty to cooperate (Art. 90 AIG).
• Do not make irrevocable decisions (apartment, job) on the assumption that the permit is certain.
• Have the case reviewed early, before the period of stay without a permit expires.

As of October 2026. This article provides an overview and does not replace individual legal advice; practice and requirements may differ depending on the canton and the individual case. This is a translation of the German original; in case of doubt, the German version prevails.

Note: Statutes are cited by their German abbreviations (AIG = Foreign Nationals and Integration Act, VZAE = Ordinance on Admission, Residence and Gainful Activity, AsylG = Asylum Act, BüG = Citizenship Act, SR = Systematic Compilation of Federal Legislation). Fedlex links lead to the German originals.