Canton of Graubünden — immigration practice (cantonal deep dive)

1. Overview — the Canton of Graubünden in the migration-law context

The Canton of Graubünden (GR; in French Grisons, in Italian Grigioni, in Romansh Grischun) is, by area, the largest canton in Switzerland, but, relative to its extent, has a comparatively low population density. According to the most recent cantonal and federal population statistics (Federal Statistical Office, FSO), the resident population is in the order of around 200,000 people; the share of the permanent resident population without Swiss citizenship is, based on experience, in the order of around one fifth. The exact, annually updated figures are to be obtained from the FSO, respectively the cantonal statistics. The capital is Chur.

Graubünden is the only trilingual canton in Switzerland: the official and working languages are German, Italian and Romansh. The migration-law procedural language is primarily German; in the Italian-speaking southern valleys (Misox, Calanca, Bergell, Puschlav) and in the Romansh-speaking valleys, however, multilingualism affects correspondence, the language certificate and the choice of the communal point of contact (see section 5). This linguistic configuration shapes Graubünden's migration practice and structurally distinguishes the canton from the monolingual German-speaking cantons.

The economic and migration structure is structurally shaped by tourism and the energy industry. Renowned destinations such as Davos, St. Moritz and Klosters are accompanied by pronounced seasonal demand for labour in the hospitality industry; the remote alpine valley communes exhibit a different population and migration dynamic than the capital Chur. In the inter-cantonal picture, this results in a proportionally high practical significance of short-term permits (L) for seasonal work. This description is purely descriptive and contains no assessment as to whether residence in Graubünden would be preferable to residence in another canton.

The cantonal authority competent for all residence-law procedures is the Office for Migration and Civil Law of Graubünden (AMZ).

Office for Migration and Civil Law of Graubünden (AMZ), Chur Address / opening hours / public-transport connection: to be consulted via the official portal (addresses and counter hours are volatile and are deliberately not printed here in a fixed form) Web / online portal: https://www.gr.ch/afm The current contact details (telephone, e-mail, counter address) are to be obtained from the official portal as well as the SEM directory of cantonal migration authorities.

2. Legal bases — federal law and cantonal implementing law

2.1 Applicable federal law

In migration law, the Canton of Graubünden — like all cantons — applies federal law as a priority: 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) with the associated Ordinance on the Introduction of the Free Movement of Persons (VEP, SR 142.203), the Asylum Act (AsylA, SR 142.31) as well as the relevant SEM practice and directives. For the in-depth legal basis, see the AIG and VZAE glossary of terms, the FZA/VFP glossary and the Asylum Act glossary.

Of particular central importance are admission to gainful employment (Art. 18 FNIA), admission to education and further training (Art. 27 FNIA), family reunification (Art. 42–47 FNIA), the settlement permit (Art. 34 FNIA) as well as the grounds for revocation and lapse (Art. 62 FNIA and Art. 63 FNIA). In the case of cantonal preliminary decisions subject to approval, the approval of the State Secretariat for Migration (SEM) under Art. 99 FNIA must be observed.

2.2 Cantonal implementing law

At cantonal level, the following are particularly relevant:

• the cantonal implementing law to the FNIA and the AsylA (the Canton of Graubünden's introductory legislation on federal foreign-nationals and asylum law). The formal designation and the act number may change; what is authoritative is the respective current state of the cantonal collection of laws of Graubünden (Bündner Rechtsbuch).
• the cantonal Citizenship Act of Graubünden: cantonal concretisation of the naturalisation procedure on the basis of the federal Citizenship Act (see section 7). The designation and act number are to be verified by means of the cantonal collection of laws.
• the cantonal administrative-procedure law of Graubünden: cantonal procedural law for proceedings before the cantonal administrative authorities, including the cantonal appeal channel against rulings of the AMZ.

A consolidated overview of the cantonal acts with a migration nexus is accessible via the cantonal collection of laws of Graubünden (Bündner Rechtsbuch). An act number is deliberately not printed in this dossier as long as it has not been reconciled against the Bündner Rechtsbuch; what is solely authoritative is the cantonal collection of laws in its applicable version.

3. Competent authority — contact and accessibility

All residence-law procedures (B, L, C, family reunification, change of status, revocation) are conducted by the Office for Migration and Civil Law of Graubünden (AMZ). The AMZ also coordinates with the communes of residence (communal registration of arrival) and with the SEM (federal approval under Art. 99 FNIA, asylum coordination).

• Authority: Office for Migration and Civil Law of Graubünden (AMZ), Chur
• Web / online portal: https://www.gr.ch/afm
• Address, e-mail, telephone, counter hours, public-transport connection: to be obtained via the official portal as well as the SEM directory of cantonal migration authorities. This information is volatile and is deliberately not printed here in a fixed form; it must be verified before any contact via the official website.

For the registration of arrival at the place of residence, the residents' registration office of the commune of residence is additionally competent (in Chur, Davos, Landquart and the other communes, each has its own communal office). The respective competent communal point of contact is to be determined via the website of the commune of residence.

4. Processing time — cantonal guide values

The typical processing times at the AMZ are presented here as non-binding guide values and may vary considerably depending on the state of the file, the completeness of the documents, the authority's workload, seasonal peak load in tourism and the complexity of the case. As a rough orientation value for a complete, unproblematic application, a processing time in the order of around six weeks is common (initial B application tending to be longer, B extension tending to be shorter). The table below derives conservatively estimated ranges from this base value; it is not a binding assurance and does not replace any official processing-time information from the AMZ.

Note: all values are non-binding approximations. The current official processing times are to be obtained from the AMZ portal; in case of doubt, the authority's information is authoritative.

Important reservations: the SEM approval of cantonal preliminary decisions (Art. 99 FNIA) is not included in the guide values mentioned above and may, in constellations subject to approval, require additional weeks to months. Incomplete applications, language certificates to be submitted subsequently and criminal-record checks from third countries may further extend the overall duration.

5. Language certificate

The procedural language of the AMZ is primarily German; in the Italian-speaking and Romansh-speaking parts of the country, Italian and Romansh are, as cantonal official languages, equivalent. What is authoritative in practice is the official and working language at the place of residence. The Graubünden practice in principle accepts the language certificate in German, Italian or Romansh; the official language required in the individual case depends on the language region of the place of residence.

• Family reunification from a third country: for the granting of a B permit in family reunification, cantonal practice, in accordance with the federal-law requirements, generally requires a language certificate at level A1 oral (CEFR) in the official language of the place of residence. The level specifically required follows from federal law and the relevant SEM directive in its applicable version.
• Early settlement permit C (Art. 34 para. 4 FNIA in conjunction with Art. 60a OASA and Art. 77d OASA): in line with the federal-law standard, a language level of B1 oral and A2 written in a cantonal official language (German, Italian or Romansh) is regularly required. Early granting lies within the discretion of the cantonal authority; the language requirements mentioned constitute a minimum requirement, not a guarantee of granting.

The fide certificate is recognised as an official proof; in addition, the diplomas and certificates mentioned in Art. 77d OASA at the corresponding level apply. For the in-depth presentation of the language-certificate requirements, see the language certificate (A1 / A2 / B1 fide). The exact recognition of Romansh language certificates and the certificate types accepted in the individual case are to be clarified with the AMZ, respectively the fide office.

6. Standard B / L / C permit practice

The granting of permits in the Canton of Graubünden follows the federal-law standard under FNIA/OASA and the SEM directives; cantonal particularities concern solely the procedural organisation, multilingualism and seasonal practice and establish no material requirements deviating from federal law.

• B EU/EFTA under the AFMP/VFP: permanent residence for gainfully employed and non-gainfully employed EU/EFTA nationals within the framework of the free movement of persons.
• B third country under the FNIA: gainful employment under Art. 18 FNIA (quota and priority regime), education and further training under Art. 27 FNIA, family reunification under Art. 42–47 FNIA, hardship case under Art. 30 para. 1 let. b FNIA.
• L EU/EFTA and L third country: time-limited short stays. In the Graubünden tourism context, the L permit is of considerable practical significance for seasonal work in the hospitality industry (purely descriptive note, no strategy). Language certificates in one of the cantonal official languages are accepted.
• C ordinary (Art. 34 para. 2 FNIA): settlement permit after, as a rule, ten years of residence.
• C early (Art. 34 para. 4 FNIA in conjunction with Art. 60a OASA): granting after five years in the case of successful integration and increased language requirements (see section 5). Early granting lies within the discretion of the cantonal authority and establishes no legal entitlement.

The SEM approval under Art. 99 FNIA is to be observed in the constellations subject to approval. For the in-depth permit-specific presentation, see the B residence permit, the L short-stay permit and the C settlement permit (in each case if available).

Anti-Scope: SwissImmigrationPro provides no individual strategic advice on the choice or optimisation of a permit category and gives no assessment as to whether a permit would be "easier" to obtain in Graubünden than in another canton. The case-by-case assessment of the admission requirements is part of the lawyer's practice and is to be handled via the cantonal bar (entry in the cantonal bar register).

7. Naturalisation

7.1 Three-stage procedure

Naturalisation in Switzerland follows a three-stage procedure: federal (federal naturalisation authorisation under the Citizenship Act, SCA, SR 141.0, and the Citizenship Ordinance, BüV, SR 141.01), cantonal (citizenship of the Canton of Graubünden under the cantonal Citizenship Act) and communal (citizenship of the commune of residence). All three levels must be approved cumulatively; the Confederation grants the naturalisation authorisation only once the cantonal and communal requirements have been clarified.

7.2 Federal-law requirements

At federal level, the requirements of the Citizenship Act (SCA, SR 141.0, in the version in force since 1.1.2018) and the Citizenship Ordinance (BüV, SR 141.01) apply — two separate acts that are not to be confused: the substantive requirements are set out in the act, the concretisation of the language certificate in the ordinance. In particular, ten years of residence in Switzerland (Art. 9 SCA), successful integration (Art. 12 SCA) as well as no endangerment of internal or external security (Art. 11 SCA) are required. The language certificate — B1 oral and A2 written in a national language (in Graubünden German, Italian or Romansh depending on the region of residence) — follows from the Citizenship Ordinance, namely from its Art. 6 (SR 141.01). For the in-depth legal presentation, see the Citizenship Act glossary (BüG 2018).

7.3 Cantonal and communal requirements

At cantonal level, the cantonal Citizenship Act requires several years of residence in the canton. The exact cantonal minimum period of residence as well as the communal residence requirement are to be obtained from the cantonal Citizenship Act and the respective communal regulation in their applicable version; they are deliberately not printed here as a fixed figure, since they may change by legislation and the applicable cantonal, respectively communal, law is authoritative. At communal level, depending on the commune, a naturalisation commission and/or a personal interview may be part of the procedure. The communal practice of Graubünden is, given a large number of strongly autonomous communes, extremely heterogeneous; the requirements applicable to the specific commune of residence are to be enquired about at the respective communal office.

For the in-depth presentation of the naturalisation paths, see the pathways to Swiss citizenship (if available) and the Citizenship Act glossary (BüG 2018).

Anti-Scope: SwissImmigrationPro provides no instructions for the strategic optimisation of citizenship and gives no recommendation as to in which Graubünden commune an application would be "easier" — such advice would be a classic example of impermissible anti-commune shopping. The individual naturalisation strategy is part of the lawyer's practice.

8. Asylum in the canton

In the accelerated asylum procedure (Art. 26b AsylA and subsequent provisions), Graubünden is assigned to one of the asylum regions whose Federal Asylum Centres (BAZ) are operated by the SEM. The exact BAZ asylum region and the Federal Asylum Centre allocated to Graubünden are to be determined via the SEM (sem.admin.ch), as the regional allocation may be adjusted organisationally. If an asylum application is transferred to the extended procedure (Art. 26d AsylA), the cantonal allocation takes place according to the SEM's distribution key (Art. 27 AsylA); Graubünden takes on a portion of the extended procedures in accordance with its share of the population.

The legal advisory services (RBS) and responsible organisations active in the canton, mandated respectively recognised by the SEM under Art. 102f AsylA, are to be determined via the SEM (sem.admin.ch) and the Swiss Refugee Council (osar.ch); the specific responsible organisation for the regional asylum counselling in Graubünden is deliberately not printed in this dossier, as it may change and is to be obtained in an up-to-date form via the official sources mentioned.

For the in-depth presentation of asylum law, see the Asylum Act glossary as well as the N permit during the asylum procedure, the provisional admission (F permit) and the protection status S (in each case if available).

Anti-Scope: SwissImmigrationPro provides no strategy for influencing the cantonal allocation or for circumventing removal decisions. Asylum-law representation is a matter for the mandated legal advisory services and the bar.

9. Taxes and withholding tax — migration-law context

Third-country B permit holders as well as EU/EFTA B permit holders without a settlement permit are, as a rule, subject to withholding tax (deduction of tax at source) on their employment income. Withholding taxation of employment income is governed by the Federal Act on Direct Federal Taxation and — for the cantonal and communal taxes, which make up the predominant part of the tax burden — by the Tax Harmonisation Act (StHG, SR 642.14) as well as the cantonal tax act of Graubünden; the withholding-tax deduction is thus not exclusively federal law. If the annual gross employment income exceeds CHF 120,000, a mandatory subsequent ordinary assessment (NOV) takes place ex officio; this threshold follows from the federal withholding-tax regulation. For lower incomes, the withholding tax in principle has a discharging effect; an NOV upon application is possible under the conditions provided for in tax law. Upon entry into the settlement permit C, respectively upon marriage to a Swiss citizen, the withholding-tax liability for employment income ends and ordinary assessment applies.

The cantonal and communal tax burden varies considerably between the individual Graubünden communes (tax rate); this dossier deliberately does not undertake any comparative assessment of tax attractiveness. In migration-law terms, the tax situation is only of indirect relevance: tax debts or debt enforcement proceedings do not, on their own, lead to the revocation of a permit. Substantial, self-inflicted indebtedness may, however, weigh negatively within the framework of the integration assessment (participation in economic life, observance of the legal order) and thus make an extension or a change of status more difficult. The grounds for revocation under Art. 62 FNIA and Art. 63 FNIA, by contrast, primarily concern security- and order-related facts; indebtedness has an effect only through the overall appraisal of integration, not as an independent ground for revocation. For the in-depth presentation of the debt / debt-enforcement context, see debt enforcement and residence rights.

Anti-Scope: SwissImmigrationPro is not tax advice. For concrete questions on withholding tax, on the NOV, on the optimisation of tax status or on double-taxation matters, the cantonal tax administration of Graubünden or a qualified tax adviser is to be consulted. In particular, SIP gives no indications on the tax advantageousness of a place of residence.

10. Economy and largest communes

The presentation below is purely descriptive and constitutes no recommendation on the choice of place of residence or canton.

Graubünden is the largest canton in Switzerland by area and is trilingual (German, Italian, Romansh). The economy is shaped by tourism and the energy industry; renowned destinations such as Davos, St. Moritz and Klosters are emblematic of the tourism orientation. The trilingual administration reflects the linguistic diversity of the canton. Tourism is accompanied by pronounced seasonal demand for labour and thus for short-term permits (L). The remote alpine valley communes exhibit a different dynamic than the capital Chur.

The largest communes include:

• Chur — capital and administrative centre
• Davos — tourism and congress town
• St. Moritz — international tourism resort
• Landquart — economic and transport hub at the canton's entrance
• Ilanz — centre of the Surselva

Quantitative orientation values — such as the exact share of foreign nationals, rent benchmarks or the amount of permit fees — are volatile and are deliberately not printed here as fixed figures. What is authoritative are the annually updated figures of the Federal Statistical Office, respectively the cantonal statistics (population), as well as the official fee schedule and the AMZ portal (fees). This information is no basis for decision-making.

11. Anti-scope declaration for the Canton of Graubünden

SwissImmigrationPro explains the legal situation and the cantonal procedural practice; it represents no one and provides no individual legal advice. Actual representation under a mandate and individual legal advice are, under the Federal Act on the Freedom of Movement of Lawyers (Lawyers Act, LLCA, SR 935.61), reserved to the lawyers entered in the cantonal bar register. For the Canton of Graubünden, the following applies in particular:

• No canton shopping: SIP gives no recommendation as to whether residence, naturalisation or a permit should be sought in Graubünden rather than in another canton.
• No comparative leniency assessment: SIP does not assess the Graubünden practice as "easier" or "stricter" than that of another canton.
• No case-by-case strategy: SIP develops no hardship-case argumentation (Art. 30 para. 1 let. b FNIA), no family-reunification strategy and no appeal strategy for the specific case.
• No tax advice and no tax optimisation.
• No appeal templates and no deadline calculators: lodging an appeal against rulings of the AMZ requires legal accompaniment via the bar entered in the cantonal bar register.

All cantonal practice and authority information in this dossier is to be verified before any use by means of the official sources — in particular the AMZ portal, the SEM and the cantonal collection of laws.

12. Cross-References

• Federal-law framework: AIG and VZAE glossary of terms, FZA/VFP glossary, Asylum Act glossary, Citizenship Act glossary (BüG 2018). The relevant cantonal acts with a migration nexus and the applicable SEM directives are to be obtained via the cantonal collection of laws of Graubünden and the SEM.
• Sibling cluster (overview): Cluster — plurilingual alpine cantons (GR/VS)
• Permits (if available): B residence permit, L short-stay permit, C settlement permit, G cross-border commuter permit, Ci permit for accompanying persons, N permit during the asylum procedure, provisional admission (F permit), protection status S, pathways to Swiss citizenship
• Life events (if available): language certificate (A1 / A2 / B1 fide), family reunification through a Swiss national, hardship-case rule under Art. 30 AIG, change of canton and residence permit, debt enforcement and residence rights, divorce and residence permit