Violence and Migration: Your rights, your safety

Violence, whether physical, psychological or sexual, within a couple is intolerable and prohibited in Switzerland. Yet for migrant, reporting domestic violence can be particularly difficult because of concerns about their legal status, integration or fear of the consequences for their residence permit.

In these situations, it’s essential to remember that, whatever your administrative situation, you have rights, and that there are resources and specialists who can help you get out of the grip of violence.

Are you a victim of domestic violence and have obtained your residence permit through family reunification? Your situation is not inevitable. With or without a permit, you have rights. You can take action to protect your safety and receive appropriate confidential support without having to fear for your status.

If you’re wondering whether you might lose your licence if you separate, or if you’re a victim of domestic violence, it’s important to know that Swiss law protects you and offers you solutions. You can turn to professionals, and an interpreter can be made available to help you through the process.

In the event of domestic violence, if you leave your marital home, it is possible to obtain the renewal of your residence permit even though you obtained it to live with your spouse. The specialist legal aid services will inform you of your rights under Article 50 of the Federal Act on Foreign Nationals and Integration (LEI).

What does the law say?

Article 50 of the federal law on foreign nationals and Integration (LEI) provides that a person who has been the victim of domestic violence may apply to renew their residence permit for “major personal reasons” if they leave their marital home because of the violence. They must provide evidence of the violence they have suffered.

Whether you have a residence permit or not, Swiss law protects you against all forms of domestic violence. Victims of domestic violence, whether or not they are Swiss nationals, enjoy essential legal rights:

• Protection against violence: Swiss law protects anyone who is the victim of physical, psychological or sexual violence in a relationship, regardless of nationality.
• Separation and residence permit : A change in your situation, such as a separation, does not automatically result in the loss of your residence permit. In the event of domestic violence, specific protections exist to guarantee your safety.

Resources available for victims

3. LAVI centres
   LAVI centres are support services for victims of crime, including domestic and sexual violence. These centres offer free, confidential services that are accessible to all victims, regardless of their legal status or lack of status. LAVI teams can also refer you to lawyers, psychologists and other professionals to defend your rights. Find the addresses here.
4. Legal assistance with residence permits 
5. In every canton in French-speaking Switzerland and Ticino, there are organisations that specialise in informing and advising people with a migration background on legal issues relating to residence permits. Appointments are confidential and often free or inexpensive. Find the addresses here.
6. Emergency accommodation
   In the event of an urgent need for protection, emergency shelters are available in every canton, including for people without residency status. You can consult the list of shelters to find a safe place. Find the addresses here.
7. Violence medicine
   If you have suffered physical or sexual violence, it is important to have your injuries confirmed by a specialist violence medicine unit. Some cantons have such units, which are competent to provide the medical evidence required for legal action. Alternatively, you can go to the nearest hospital emergency department. You can find the addresses here.

Don’t be alone in the face of violence

If you are a victim of violence, it is essential to surround yourself with the right resources and not hesitate to ask for help. You have the right to be protected and supported in complete confidentiality, regardless of your status, gender, orientation or nationality.

Need a helping hand?
We’re here for you. Don’t hesitate to ask your questions on violencequefaire.ch. Specialists from the domestic violence network will reply confidentially within three working days. It’s anonymous and free.