SwissImmigrationPro (SIP) is a purely informational offering within the meaning of the delimitation from the lawyers' monopoly: SIP explains the applicable law but represents no one and provides no individual legal advice. The boundary with the monopolised legal service follows from the Federal Act on the Freedom of Movement of Lawyers (Lawyers Act, LLCA, SR 935.61). Where an individualised strategy, a hardship-case argument, the filing of an appeal or tax optimisation would be required, this dossier expressly refers to the lawyers entered in the cantonal bar register.

1. Overview — the Canton of Solothurn in the context of migration law

The Canton of Solothurn lies in north-western Switzerland, at the southern foot of the Jura, and is well connected to the economic areas of Basel and Bern. Its capital is the city of Solothurn, known for its baroque old town. The language of proceedings is German. The resident population is, in order of magnitude, in the low range of around a quarter of a million people; the share of the foreign resident population is, based on experience, around the order of magnitude of roughly one quarter. The exact, annually updated figures for population, foreign share and area are to be obtained from the Federal Statistical Office (FSO) as well as from the cantonal statistical office of the Canton of Solothurn; this dossier asserts no precise figure.

The economic structure is shaped by the watchmaking and precision industry as well as by pharmaceutical and medical technology; the location between Basel and Bern additionally brings a broad commuter and service economy. This structure explains a noticeable migrant population from EU/EFTA states (gainful employment under the AFMP) and from third countries (family reunification, qualified gainful employment under Art. 18 FNIA et seq. of the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20)). The economic and demographic information below is descriptive, serves solely for contextualisation and is expressly no reason to choose the Canton of Solothurn on grounds of residence or tax law.

The cantonal authority responsible for all residence-law proceedings is the cantonal migration office of the Canton of Solothurn (Migrationsamt des Kantons Solothurn), located within the Department of the Interior. The applicable contact details, counter and telephone hours as well as the exact transport links are to be obtained bindingly only from the official page of the office (see section 3).

1.1 Migrant population — qualitative contextualisation

The Solothurn migration structure can be outlined qualitatively as follows (the exact stock figures are to be obtained from the FSO and the cantonal statistical office):

  • EU/EFTA nationals under the AFMP, in particular from Germany, Italy, Portugal and further EU states — driven by gainful employment in industry and the service sector.
  • Third-country nationals with communities from the respective current countries of origin of family reunification and the asylum sphere.
  • B residence permits as the numerically most frequent category of the permanent resident population; C settlement permits for long-established residents; L short-term permits for temporary gainful employment and students.
  • G cross-border permits (cross-border commuters) in commuter traffic into the surrounding economic areas; F, N and S permits in the asylum context.

The exact Solothurn permit and population statistics are to be obtained from the Federal Statistical Office (FSO) or the statistical office of the Canton of Solothurn; this dossier deliberately cites no precise stock figures.

2. Legal bases — federal law and cantonal implementing law

2.1 Applicable federal law

In migration law, the Canton of Solothurn applies — like all cantons — primarily federal law: the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20), the Ordinance on Admission, Residence and Gainful Employment (OASA, SR 142.201), the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681) together with the associated Ordinance on the Introduction of the Free Movement of Persons (OFMP), the Asylum Act (AsylA, SR 142.31) as well as the relevant practice and directives of the State Secretariat for Migration (SEM). Central provisions of the FNIA include, among others: admission to gainful employment (Art. 18 FNIA), education and further training (Art. 27 FNIA), hardship case (Art. 30 para. 1 let. b FNIA), residence permit (Art. 33 FNIA), settlement permit ordinary (Art. 34 para. 2 FNIA) and early (Art. 34 para. 4 FNIA), change of canton (Art. 37 FNIA), family reunification (Art. 42–47 FNIA), dissolution of the family unit (Art. 50 FNIA), integration criteria and integration agreement (Art. 58a FNIA or Art. 58b FNIA), grounds for revocation (Art. 62 FNIA or Art. 63 FNIA) as well as the SEM approval procedure (Art. 99 FNIA).

For the legal basis see the FNIA and OASA glossary, the AFMP/OFMP glossary and the Asylum Act glossary.

2.2 Cantonal implementing law

At cantonal level, the following are particularly relevant:

  • The cantonal implementing law to the FNIA and the AsylA of the Canton of Solothurn (introductory or implementing enactment to federal migration law). The formal designation and the numbering in the cantonal collection of laws may change and are to be verified against the consolidated collection of laws of the Canton of Solothurn (Bereinigte Gesetzessammlung, BGS).
  • The cantonal citizenship act of the Canton of Solothurn: cantonal concretisation of the naturalisation procedure under the Swiss Citizenship Act (SCA, SR 141.0) (see section 7). Designation and number are to be verified against the cantonal collection of laws.
  • The cantonal administrative procedure law: procedural law for proceedings before the cantonal administrative authorities and the cantonal administrative court. Designation and number are to be verified against the cantonal collection of laws.

A consolidated overview of the cantonal enactments with a migration nexus is to be obtained from the cantonal collection of laws of the Canton of Solothurn. A cantonal statute number (BGS or similar) is deliberately not asserted here; it is to be obtained from the cantonal collection of laws.

3. Competent authority — contact and accessibility

The authority responsible for permits, extensions, status changes, family reunification, settlement and citizenship coordination is the cantonal migration office of the Canton of Solothurn (Migrationsamt des Kantons Solothurn).

Cantonal migration office of the Canton of Solothurn (Migrationsamt des Kantons Solothurn) Sponsor: Department of the Interior of the Canton of Solothurn Official page (binding contact details, address, telephone, e-mail, counter and telephone hours, transport links): https://www.so.ch/verwaltung/departement-des-innern/migrationsamt/ Cantonal portal: https://www.so.ch

The address, telephone number, e-mail address, opening hours and transport links of the office are volatile and are deliberately not printed here as fixed values; only the information on the official page linked above is binding.

The municipality of residence (residents' services / residents' registration office) is the municipal registration, residence and initial-examination point and works together with the cantonal migration office. The municipal contact details differ from municipality to municipality and are to be obtained from the respective municipality's website.

Whether the cantonal migration office operates an electronic application or self-service portal and which procedural steps can be handled online is to be checked on the official page of the office.

4. Processing time — cantonal reference values

The durations below are reference values and may vary considerably depending on the state of the file, the completeness of the documents, the office's workload and the complexity of the case. As a rough orientation, a base processing time in the order of magnitude of around six weeks applies (B initial applications tend to be longer, B extensions tend to be shorter). The table derives hedged ranges from this and replaces no official assurance; only the current information of the cantonal migration office is decisive.

ProcedureReference duration (not officially guaranteed)
B extensionapprox. 3–6 weeks
B initial application (family reunification, employment application)approx. 6–12 weeks
L short stayapprox. 4–8 weeks
C application ordinary (after 10 years, Art. 34 para. 2 FNIA)approx. 8–14 weeks
C application early (Art. 34 para. 4 FNIA, after 5 years)approx. 8–16 weeks
Family reunification third country (Art. 42–47 FNIA)approx. 8–16 weeks

These reference values are not officially confirmed. The only decisive durations are the official figures of the cantonal migration office.

Note: where a cantonal preliminary decision requires the approval of the SEM (Art. 99 FNIA in conjunction with Art. 85 OASA or Art. 86 OASA), the time required for this is not included in the reference values above and may take additional weeks to months. Incomplete applications trigger a request for additional documents and effectively prolong the procedure until they are submitted.

5. Proof of language skills

The language of proceedings and proof in the Canton of Solothurn is German (standard German / written German; the local dialect is not relevant to the examination). The levels below refer to the Common European Framework of Reference for Languages (CEFR).

  • Family reunification from a third country: for the granting of a B residence permit in family reunification, practice generally requires proof of language skills at level A1 oral in German or proof of registration for a corresponding language-promotion offering (Art. 43 FNIA or Art. 44 FNIA in conjunction with Art. 73a OASA of the Ordinance on Admission, Residence and Gainful Employment (OASA, SR 142.201)).
  • Early C settlement permit after five years (Art. 34 para. 4 FNIA in conjunction with Art. 60a OASA and Art. 77d OASA): language skills of B1 oral and A2 written in German are generally required. The early granting is a discretionary decision of the cantonal authority and not an enforceable entitlement; the specific requirements may vary.
  • Recognised proofs: the fide certificate in German is accepted as officially recognised proof; in addition, the diplomas and certificates named in Art. 77d OASA apply (e.g. telc, Goethe, ÖSD at the corresponding level).

The exact level requirements and the list of recognised certificates in Solothurn practice are to be confirmed with the cantonal migration office.

6. Standard permit practice B / L / C

The Canton of Solothurn implements the federal standard practice under the FNIA, OASA and the SEM directives. The cantonal application follows the federal framework; SIP makes no assessment as to whether this application is "more generous" or "stricter" than in other cantons.

  • B (residence permit, Art. 33 FNIA): for permanent stays with gainful employment (EU/EFTA under the AFMP; third country under Art. 18 FNIA et seq.), family reunification (Art. 42–47 FNIA), education and further training (Art. 27 FNIA). Third-country admissions are subject to the quotas and the qualitative requirements (Art. 18–24 FNIA in conjunction with Art. 31 OASA) and are in part subject to approval (Art. 99 FNIA).
  • L (short-term permit): for time-limited stays and gainful employment (EU/EFTA and third country). For subcategories see the L short-term permit.
  • C (settlement permit): ordinary after ten years (Art. 34 para. 2 FNIA); early after five years in the event of successful integration and increased language skills (Art. 34 para. 4 FNIA in conjunction with Art. 60a OASA) — the early granting lies within the discretion of the cantonal authority and is not an enforceable entitlement.

Implementation follows the federal framework and the SEM directives; integration promotion is governed by the federal standard guidelines. SIP makes no statement about the prospects of success of a specific application and makes no comparative assessment of cantonal practice.

Anti-scope: SwissImmigrationPro provides no individual permit strategy and does not assess whether an application would pass "more easily" in the Canton of Solothurn than elsewhere. The individualised assessment of the admission requirements belongs to the practice of lawyers or to the information provided by the cantonal migration office.

7. Naturalisation

Naturalisation follows a three-tier procedure: federal (federal naturalisation authorisation), cantonal (citizenship of the Canton of Solothurn under the cantonal citizenship act) and municipal (citizenship of the municipality of residence). All three levels must be fulfilled cumulatively.

At federal level, two separate enactments are decisive. The substantive requirements are governed by the Swiss Citizenship Act (SCA, SR 141.0) (in force since 1.1.2018): ten years of residence in Switzerland (Art. 9 SCA), C settlement permit as a requirement (Art. 9 para. 1 let. a SCA), successful integration (Art. 11 SCA or Art. 12 SCA) as well as no endangerment of Switzerland's internal or external security. The specific proof of language skills, by contrast, is governed by the Swiss Citizenship Ordinance (SCO, SR 141.01) — an autonomous enactment, not part of the SCA: the level B1 oral and A2 written in a national language is generally required (Art. 6 (SR 141.01) of the Swiss Citizenship Ordinance; in the Canton of Solothurn: German). For the in-depth legal account see the glossary on the Swiss Citizenship Act 2018.

At cantonal level, the cantonal citizenship act additionally requires a residence of several years in the canton as well as in the municipality of residence. The exact cantonal residence duration as well as the designation, number and exact deadlines of the cantonal citizenship act are to be obtained from the cantonal collection of laws of the Canton of Solothurn; this dossier deliberately cites no precise cantonal deadline.

At municipal level, practice differs depending on the municipality of residence (residence requirement in the municipality, any municipal hearing or naturalisation interview, proof of knowledge or integration). The municipality-specific regulations and the municipal hearing practice are to be obtained, per municipality of residence, from the respective municipality.

Anti-scope: SwissImmigrationPro makes no recommendation as to which Solothurn municipality an application would be "easier" or "faster" in. Such advice would be an example of inadmissible municipality shopping; SIP provides no strategy on this.

8. Asylum in the canton

In the accelerated asylum procedure under Art. 26b AsylA et seq. of the Asylum Act (AsylA, SR 142.31), Switzerland is divided into asylum regions, each with one or more federal asylum centres (FAC) of the SEM. Which asylum region and which federal asylum centre the Canton of Solothurn is assigned to is to be obtained from sem.admin.ch — the regional assignment and the locations may change.

If an asylum application is transferred to the extended procedure (Art. 26d AsylA), the assignment to a canton is made according to the distribution key of the SEM (Art. 27 AsylA). During the extended procedure, the asylum seeker lives in the assigned canton, is registered there and is subject to the cantonal asylum coordination.

The legal advice and representation in the asylum field is ensured via the bodies mandated under Art. 102f AsylA or via the legal advice office (RBS) / sponsoring organisation active in the canton. The currently mandated sponsoring organisation for the Canton of Solothurn is to be requested from sem.admin.ch as well as from the Swiss Refugee Council (OSAR). For the in-depth account of asylum law see the Asylum Act glossary.

9. Taxes and withholding tax — migration-law context

Both third-country B permit holders and EU/EFTA B permit holders without a settlement permit are generally subject, for their employment income, to withholding tax (deduction of tax at source by the employer). The withholding taxation of employment income is a cantonal tax: it is levied by the tax law of the Canton of Solothurn, embedded in the federal harmonisation framework of the Federal Act on the Harmonisation of Direct Taxation of the Cantons and Municipalities (THA, SR 642.14) as well as — for the federal share — of the Federal Act on Direct Federal Taxation (DFTA, SR 642.11). Where the annual gross employment income exceeds the decisive threshold (usually CHF 120'000), a mandatory subsequent ordinary assessment (SOA) takes place; for lower incomes the withholding tax in principle has a definitive effect, whereby an SOA is possible on request. Upon entry into the C settlement permit or upon marriage to a Swiss citizen, the withholding-tax liability for employment income ends and the ordinary assessment applies.

This dossier deliberately makes no comparative statement about the level of the Solothurn tax burden; such a contextualisation would be neither relevant under migration law nor an admissible reason to choose the canton. Under migration law, the tax situation is only of indirect importance: substantial, culpably incurred debts — including tax or withholding-tax debts — may feed into the foreign-nationals-law integration assessment (Art. 58a FNIA) and there indirectly affect an extension or a status decision. The grounds for revocation under Art. 62 FNIA or Art. 63 FNIA, by contrast, relate to security and public-order grounds; existing indebtedness or a debt-enforcement proceeding alone triggers no automatic revocation.

Anti-scope: SwissImmigrationPro is not tax advice. For questions on withholding tax, the SOA, tax-status optimisation or double-taxation matters, the tax administration of the Canton of Solothurn or qualified tax advice is to be consulted.

10. Economy and largest municipalities

The following information is descriptive and serves solely for contextualisation, not for the choice of location.

The Canton of Solothurn lies in north-western Switzerland along the Jura and is well connected to Basel and Bern. Characteristic are the watchmaking and precision industry as well as pharmaceutical and medical technology. The city of Solothurn is regarded as the baroque centre of the canton. Current rent benchmarks and the annually updated foreign share are to be obtained from the Federal Statistical Office (FSO) or the cantonal statistical office; this dossier deliberately cites no precise rent or share figures, in order to avoid internal contradictions and outdated figures.

Among the largest municipalities of the canton usually count:

  • Solothurn (capital)
  • Olten
  • Grenchen
  • Zuchwil

The municipal ranking by number of inhabitants is to be obtained from the cantonal statistical office. Integration promotion is governed by the federal standard guidelines.

11. Anti-scope statement for the Canton of Solothurn

SwissImmigrationPro explains the applicable law and expressly does not provide, for the Canton of Solothurn:

  • No canton-shopping advice and no comparative leniency assessment ("easier/stricter than Canton X").
  • No individual case strategy — in particular no hardship-case argument (Art. 30 para. 1 let. b FNIA), no family-reunification strategy and no appeal strategy.
  • No appeal or legal-remedy templates and no deadline-calculating tools.
  • No tax advice or tax optimisation.
  • No recommendation to choose a municipality of residence or canton on grounds of residence or tax law.

These boundaries follow from the Federal Act on the Freedom of Movement of Lawyers (Lawyers Act, LLCA, SR 935.61) and the SIP compliance constitution. For individualised matters, a lawyer entered in the cantonal bar register is to be consulted; for information on the procedure, the cantonal migration office of the Canton of Solothurn is competent.

12. Cross-References