1 State - People - Authorities - 13 Citizenship - Establishment - Residence - 132 Establishment and Residence - CHAPTER ONE Purpose and Scope

This Order governs the application of the Asylum Law in the canton of Neuchâtel.

It applies to the following individuals

- recipients of emergency assistance in matters of asylum;

allocated to the canton of Neuchâtel and residing there.

By "holders of permits N, F, or S," it is meant individuals who have submitted an application under the Asylum Act and have obtained a permit N, F, or S due to their status, namely asylum seekers (permit N), persons provisionally admitted (permit F), and persons requiring protection without a residence authorization (permit S), who are assigned to the canton of Neuchâtel and reside there.

"A beneficiary of emergency aid" refers to any person affected by an enforceable decision of non-admission, or whose negative asylum decision or provisional admission has come into effect, who has been given a deadline to leave, is assigned to the canton of Neuchâtel, and has been granted emergency aid by the migration service.

[8] 1 The Department of Economy and Social Cohesion (hereinafter: the department) is responsible for the implementation of this order.

2. It is notably competent for

a) establishing the conditions for granting and the modalities of social assistance in asylum matters;

b) determining all measures related to the provision of emergency assistance in asylum matters;

c) entering into an agreement with one or more health insurance funds authorized to operate in the canton pursuant to Article 13 of the Federal Law on Health Insurance (LAMal), dated March 18, 1994, for the enrollment of holders of permits N, F, or S, or recipients of emergency assistance;

d) entering into any useful agreement with health service providers;

e) concluding and terminating rental contracts for first reception structures located in rented premises;

f) delegating to authorized relief organizations the competence to manage the social assistance files for statutory refugees domiciled in the canton of Neuchâtel for whom the Confederation pays flat-rate compensation;

g) managing, within the limits of this order, the provision resulting from any revenue surplus related to the lump sums paid by the Confederation in the field of asylum;

h) entering into service contracts with the Federal Office for Migration.

The Migration Service (hereinafter: the service) is responsible notably for

a) the reception, accommodation, provision of material assistance, supervision, and liability insurance coverage for holders of permits N, F, or S;

b) the provision of emergency asylum assistance to those entitled to it;

c) the coordination office as defined in Article 4 OA2;

d) the management of health costs, enrollment in health insurance, and execution of premium reduction including for holders of permits N, F, or S and for beneficiaries of emergency assistance;

e) the establishment and monitoring of employment and training programs for holders of permits N, F, or S;

f) the examination of applications for granting of residence permits for asylum seekers based on Article 14, paragraph 2, of the Asylum Act (LAsi), of June 26, 1998;

g) decisions on applications for granting of residence permits for provisionally admitted persons based on Article 84, paragraph 5, of the Federal Act on Foreign Nationals (LEtr), of December 16, 2005;

h) the regulation of residency conditions and monitoring from a procedural perspective of the files of holders of permits N, F, or S;

i) advice on return;

j) the implementation of federal deportation orders from Switzerland;

k) pronouncement and implementation of enforcement measures provided for by the LEtr;

l) decisions relating to applications for granting of work permits for holders of permits N, F, or S.

1. The Advisory Commission on Asylum Matters (hereinafter: ACAM) is tasked with becoming acquainted with and examining issues related to the application of the Asylum Act (LAsi) in the canton, specifically to provide preliminary opinions on residence permit applications submitted on the basis of Articles 14, paragraph 2, LAsi, and 84, paragraph 5, Foreign Nationals and Integration Act (LEtr), which present particular difficulties.

2. It is composed of seven members: one president, three representatives from the State of Neuchâtel, and three representatives from aid organizations and refugee assistance groups, appointed by the Council of State.

3. The department shall determine the organization of the ACAM by means of regulation.

Upon being assigned to the canton of Neuchâtel and upon their departure from the federal registration and processing center, holders of permits N, F, or S must personally report to the service.

The service issues N, F, or S permits in booklet form and delivers them to their holders.

The Neuchâtel police take the necessary measures to identify individuals for whom these measures have not been executed in a federal registration and procedure center or in another canton, notably by collecting the missing biometric data.

The Council of State decides on the opening and closing of primary reception facilities.

Accommodation in initial reception is provided in collective accommodation centers.

1. The service undertakes all necessary steps for the opening, operation, and closure of initial reception facilities.

2. It ensures the management thereof and is responsible, in particular, for the hiring of supervisory personnel.

The department specifies, by regulation, the organization and functioning of initial reception facilities.

1. Upon their arrival in the canton, holders of permits N, F, or S are assigned to an initial reception facility.

2. Recipients of emergency assistance are housed, in principle, in an initial reception facility, pending the execution of their removal from Swiss territory.

1. After a sufficient adaptation phase, the service assigns housing to holders of permits N, F, or S.

2. The service may authorize them to live independently, provided that they are financially self-sufficient.

When a place of accommodation or housing has been assigned, a change can only occur with the authorization of the service.

The exercise of a gainful activity by holders of permits N, F, or S must be subject to authorization issued by the service.

The authorization can only be issued after a waiting period of three months from the submission of the asylum application for asylum seekers (N permit) and from their entry into Switzerland for persons to be protected without a residence permit (S permit).

The employer must personally submit a request for authorization to engage in gainful employment to the service before hiring a holder of a permit N, F, or S.

The employer of holders of permits N, F, or S shall submit a copy of the payslip to the service each month.

"The employer of holders of permits N, F, or S must immediately report any cessation of gainful activity to the service."

Assistance benefits include social aid related to asylum granted to holders of permits N, F, or S who meet the conditions stipulated by Article 81 of the Asylum Act (LAsi) and emergency aid as defined in Article 12 of the Federal Constitution.

1. Assistance Benefits are Provided to Persons in Need.

2. A person is considered in need when they experience material or social difficulties or are unable to sufficiently or timely provide for their maintenance through their own means.

Assistance benefits are granted to the extent that the person in need cannot claim or obtain a benefit resulting from a maintenance obligation under the Swiss Civil Code, the Federal Act on the Registered Partnership of Same-Sex Couples (LPart) of June 18, 2004 [9], or other legal benefits, within the meaning of Article 6 of the Social Action Act (LASoc) of June 25, 1996 [10].

The Council of State establishes the standards for social assistance and emergency aid in the context of asylum.

The department establishes, by directive, the terms for granting assistance benefits.

The recipient of assistance benefits is obliged to report, spontaneously and without delay, to the service any change in their situation that may lead to a modification of the aid, particularly changes related to their income or assets.

The Social Action Law applies as a supplementary measure.

1. Social assistance in the field of asylum includes

a) personal assistance, notably listening, providing information and advice, and if necessary, intervention with other organizations;

b) material assistance allocated in cash or in kind.

2. It is determined based on the objective to be achieved and the personal situation of the individual concerned.

Holders of permits N, F, or S may benefit from social assistance in asylum matters.

Social assistance in asylum matters is conditional upon the formal submission of an application by the individuals seeking it.

1 Material Aid is Reimbursable if it Has Been Unduly Obtained, Following False or Incomplete Information.

1 When material assistance is granted as an advance on social insurance benefits, the beneficiary assigns their rights to the service, up to the amount of the material assistance received.

The granting and reimbursement of material assistance, as well as the complaint procedure, are governed by OA2 and, subsidiarily, by the Social Action Law.

1. After warning, the service may

- remove them;

if the beneficiary does not comply with the applicable provisions, in accordance with Article 83, paragraph 1, Asylum Act (LAsi).

2. The service may also modify the terms of granting social assistance benefits. It may, in particular, cumulatively or exclusively

b) distribute a food parcel to them, excluding any cash assistance.

3. Persons deprived of social assistance are granted emergency aid if the conditions for granting are met.

1. Emergency aid includes accommodation in a first reception facility, the provision of foodstuffs, clothing, and basic hygiene items, as well as access to emergency medical and dental care.

2. The service takes into account the specific needs of unaccompanied minors and vulnerable persons.

1. Emergency assistance is granted in the form of benefits in kind or daily cash benefits at locations designated by the service.

2. The service may refuse to grant accommodation and maintenance benefits separately.

Persons subject to an enforceable decision of non-entry, those whose negative asylum decision has become final and who have been given a deadline to leave, or whose provisional admission has been revoked and become final, assigned to the canton of Neuchâtel and who cannot support themselves by their own means, may benefit from emergency assistance.

Emergency assistance is conditional upon the submission of a formal request by the individuals who require it.

The amounts granted as emergency aid are refundable if the aid was obtained improperly, as a result of false or incomplete information.

1. The service may reduce emergency aid to its minimum amount for beneficiaries who do not comply with the current regulations.

2. The service may also modify the terms of granting emergency aid. It may, in particular, cumulatively or exclusively

b) distribute a food package to them, excluding any provision of material aid in cash.

1. Holders of permits N, F, or S and beneficiaries of emergency assistance are affiliated with the health insurance fund or funds with which the department has signed an agreement.

2. In the absence of an agreement, the service affiliates holders of permits N, F, or S and beneficiaries of emergency assistance with one or more insurers authorized to operate in the canton under the meaning of Article 13 of the Health Insurance Law (LAMal).

The department establishes, by directive, the terms and conditions for the affiliation and distribution of holders of N, F, or S permits and recipients of emergency aid, as well as the selection of the deductible amount.

The payment of health insurance premiums, deductibles, and co-payments is considered part of the material assistance for recipients of social assistance and emergency aid in asylum matters.

The service promptly notifies the child and adult protection authority of the assignment of an unaccompanied minor to the canton.

1. The child and adult protection authority shall, without delay, order the necessary guardianship measures and send a copy of the decisions made to the service.

2. If such a measure cannot be instituted immediately, the service shall promptly designate a trusted person for the duration of the asylum and return procedure.

1. The service provides for the accommodation of unaccompanied minors until a placement is ordered by the Adult and Youth Protection Service.

2. The placement must occur as soon as possible.

The service collaborates closely with the adult and youth protection service in the monitoring of unaccompanied minors.

Holders of permits N, F, or S may be required to attend courses on Swiss customs and the French language as long as their knowledge is insufficient to allow their integration.

1. The service may organize, offer, provide, and fund training programs for holders of permits F or S, and employment programs for holders of permits N, F, or S, based on their needs and abilities, as well as the availability offered by employment and training programs.

2. Participation in these programs is subject to a decision by the service and results in the conclusion of an agreement with the beneficiary individuals.

3. The service may also finance personal training projects.

The service may enter into service agreements or contracts with organizers of training or occupation programs.

1. Any excess revenue related to the lump sums paid by the Confederation in the field of asylum shall be constituted as a provision intended to cover contractual commitments and risks arising from the care of individuals subject to asylum legislation, whose financing is provided by the Confederation based on lump sums.

2. The department shall regulate the management procedures for the provision.

The procedure is governed by the Administrative Procedure Act (APA), of March 18, 2025.

Holders of permits N, F, or S and recipients of emergency assistance are required to cooperate in establishing the facts and to remain available to the cantonal authorities.

Decisions of the service may be appealed to the department, and then to the Cantonal Court, in accordance with the LPA.

The service operates an automated information system, entitled "LoRa", allowing for the following functions in particular

a) to record the data of holders of permits N, F, or S, beneficiaries of emergency assistance, refugees holding a B permit, and stateless persons;

b) to record information related to the asylum procedure;

c) to organize the follow-up of beneficiaries receiving assistance benefits in a rational and efficient manner;

d) to control the management of their files;

e) to establish statistics.

The service may, upon request and in specific cases, provide data entered in the "LoRa" system to federal, cantonal, or communal authorities that require it for the fulfillment of their legal duties.

The service may communicate online to the Neuchâtel police the following data: the name, first name, date of birth, and sex of the person concerned, the type of their status, and, if applicable, the date on which the asylum decision becomes final.

The right of access is governed by data protection legislation.

The present order repeals the order implementing the federal asylum legislation, dated May 9, 2001.

1. This order shall come into force immediately.

2. It will be published in the Official Gazette and included in the Compendium of Neuchâtel Legislation.