MOU Between Switzerland and U.S.
Memorandum of Understanding (MoU)
Between the Swiss Federal Council and the Government of the United States of America on the Status of Nationals of One Country in the Other Country
July 6, 1995
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I Introduction
1. The Memorandum of Understanding (MoU) is a statement of intent regarding the understandings reached by the delegations of Switzerland and the United States (Parties) with respect to permanent resident status of citizens of the other Party.
2. The Parties note that because of the fundamental difference between the relevant legislations of the Parties, total reciprocity with respect to permanent resident status is not possible. Therefore, they agree to use their best efforts to implement reciprocity as far as possible under their respective national legislation of facilitate access to permanent resident status for citizens of the other Party and to accord the other Party most favored treatment.
II Permanent Residence Status in Switzerland for U.S. Citizens
1. The Parties agree that citizens of the United States of America residing in Switzerland for five years without Interruption as year-round resident will upon request, be granted a permit for permanent residence (C permit), according to Article 6 of the Swiss Federal Law on Residence of Foreign Citizens of March 26, 1931. This permit gives U.S. citizens the unconditional and unlimited right to reside in Switzerland and to change domicile, employer and profession without permission, as well as to be self-employed except in professions reserved for Swiss citizens. These U.S. citizens will receive a permit for permanent residence (C permit), which will be automatically renewed according to the applicable Swiss laws.
2. With reference to the above-mentioned period of five years, it must be noted that temporary residence in Switzerland for the purpose of studying, training ("stagiaire") or medical treatment is not taken into account. On the other hand, this five-year period is not affected by absences from Switzerland of less than six months if during this time period the U.S. national maintains the center of his family and professional interests in Switzerland, or is not affected by obligatory military service, or substitute social service. However, the amount of time of this service is not taken into account for the above-mentioned period of five years.
3. The right of permanent residence expires after announcing one's final departure form Switzerland or after an absence of more than six months. If a request is made prior to the end of six months, this period may be extended up to two years.
III Permanent Residence Status in the U.S.A. for Swiss Citizens
1. The Parties agree that Swiss citizens can apply for an immigrant visa and permanent residence in the U.S. directly without first obtaining temporary status. Within the limits of the U.S. Immigration and Nationality Act of 1952 and other U.S. laws and regulations, the U.S. will make it best efforts to grant to Swiss citizens immigrant visas and permanent residence status in the U.S. subject only to the usual processing period.
2. In the case of Swiss citizens residing in the U.S. in legal nonimmigrant status who apply for permanent residence, the U.S. Party endeavors to grant them, within the limits of U.S. law, similar treatment to that which U.S. citizens received in Switzerland.
3. The status of permanent residence in the U.S. gives the unconditional and unlimited right to reside and to change domicile, employer and profession without permission, as well as to be self-employed.
4. The right of permanent residence may be terminated after the individual with resident status remains outside the U.S. for more than 12 months without a reentry permit.
IV Legal Status
This MoU is not intended to create legal obligations. It embodies statements of intent of the two Parties. The Parties further understand that this MoU does not modify or supersede any laws or regulations in force in Switzerland or in the United States. This MoU is not intended to create any rights enforceable by private parties and does not impose any obligations or restrictions on the legislative and judicial branches of the Parties. Furthermore, its affects could be suspended after due notification if one Party takes the position that the other does not make it best effort to put this MoU into practice.
It witness whereof, the respective representatives, duly authorized for this purpose, have signed this Memorandum of Understanding.
Done at Berne, in duplicate, in the German and English languages, this 6th day of July 1995.
On behalf of the Swiss Federal Council:
Arnold Koller
On behalf of the Government of the United States of America:
Larry Lawrence
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