European students have the right to a residence permit for educational purposes if the following conditions are met:
- They are enrolled at a recognised institution.
- The student demonstrates that they have sufficient financial means for the duration of their stay.
- They have a health insurance policy that covers all risks.
Students who meet the above conditions have the right to reside in Switzerland for the duration of their course. However, permits are only issued for one year maximum; they must therefore be renewed regularly. At the end of a course of study, it is possible to stay in Switzerland (see section on converting a permit).
Legal basis: Art 24 para.1 and 4 Annex I AFMP.
According to Art. 5 of the AFMP’s Annex I, states may only restrict the free movement of persons on grounds of “public order, public security and public health.” With respect to the concept of public order, the limits to the free movement of persons must be interpreted in a narrow manner. Beyond the disruptions to public order created by any violation of the law, public order implies the existence of a real and serious threat to one of society’s fundamental interests. In itself, a criminal record does not (automatically) lead to the conclusion that a foreign national constitutes a serious threat to public order and security. Each individual case must be assessed with a view to safeguarding public order, which assessment need not necessarily match the one that originally led to the criminal conviction.1