Office for Population Services (OILFAE)

1. The Office for Population Services (ABEV) is the responsible authority of the Directorate of Security for the implementation of the Federal Act of December 16, 2005, on Foreign Nationals and Integration (Foreign Nationals and Integration Act, AIG).

The Cantonal Police is responsible for the enforcement of foreign nationals and asylum legislation insofar as the use of police measures or police coercion is required.

1

Residence Status | EU/EFTA, AUG | Digital Move Notification, within Canton | Digital Move Notification, Inter-Cantonal Arrival | Digital Move Notification, Inter-Cantonal Departure

Permit B | EU/EFTA | yes | yes | yes

Permit C | EU/EFTA | yes | yes | yes

Permit Ci | EU/EFTA | yes | no | yes

Permit G | EU/EFTA | no | no | no

Permit L | EU/EFTA | yes | yes | yes

Permit B | AUG | yes | no | yes

Permit C | AUG | yes | no | yes

Permit Ci | AUG | yes | no | yes

Permit F | AUG | yes | no | no

Permit G | AUG | no | no | no

Permit L | AUG | yes | no | yes

Permit N | AUG | no | no | no

Permit S | AUG | no | no | no

1. The Office of Economic Affairs (OEA) is the responsible cantonal authority for the preliminary labor market decision.

2. It communicates affirmative preliminary labor market decisions to

a) the applicant,

b) the ABEV,

c) the migration authorities of the cities of Bern, Biel, and Thun,

d) the Office for Integration and Social Affairs (OISA).

3. The preliminary labor market decision is binding for the migration authorities, although the residence arrangement can still be refused for reasons other than economic or labor market concerns despite the affirmative preliminary decision.

1. The Municipalities

a support the ABEV in fulfilling its duties,

b monitor the registration and deregistration of foreign persons,

c maintain a register of foreign persons registered with them who require a residence permit,

d report changes in the civil status of foreign persons to the ABEV,

e monitor compliance with the orders and directives of the ABEV,

f forward incoming immigration-related applications to the ABEV and disclose the circumstances relevant for the decision, especially concerning integration,

g provide statements on applications for extension,

h report unacceptable living conditions of foreign persons to the ABEV,

i retain accommodation registration forms for five years in cases of commercial lodging.

2. They designate a competent authority and report this to the ABEV.

1. The migration authorities of the cities of Bern, Biel, and Thun enforce the Foreign Nationals and Integration Act (AIG) in their respective areas.

2. They may order

a) deportations,

b) coercive measures under immigration law,

c) the execution of criminal expulsions.

Foreign persons residing in Switzerland may digitally register and deregister mutatis mutandis in accordance with the provisions of the legislation on the establishment and residence of Swiss nationals, as well as under the conditions in Annex 1.

1. In appeal proceedings before the Directorate for Security, a reasonable advance on costs may be required from the appealing party if they do not have a valid residence permit in Switzerland or if it has expired.

1. The ABEV is responsible for the provision of emergency assistance.

2. Other cantonal authorities and municipalities refer individuals according to Article 6 of the Cantonal Implementation Act on the Federal Act on Foreign Nationals and Integration (EG AIG) and the Asylum Act (AsylG), who seek social assistance or emergency assistance from them, to the ABEV.

3. If another canton is responsible for the enforcement of deportation of individuals according to Article 6 paragraph 1 EG AIG and AsylG, the ABEV refers them to that canton.

1. A person is not considered to be in need within the meaning of Article 6(2) of the EG AIG and the Asylum Act if they

a. possess cash amounts exceeding 100 Swiss francs or other assets exceeding 500 Swiss francs,

b. hold more than 100 Swiss francs from earnings (peculium) after release from detention,

c. receive support from third parties, or

d. do not wish to avail themselves of the offered services.

2. The ABEV complies with the requirements of the legislation on health insurance.

1. The ABEV bears the costs for granting emergency assistance

a) to rejected asylum seekers from the day the request for emergency assistance is approved,

b) for newborn children of persons receiving emergency assistance from the day of birth.

2. The assumption of costs lasts until and including the day on which

a) the person has definitively left Switzerland or has departed without control,

b) the person is detained by the police for the purpose of executing a removal order,

c) a residence permit is granted or a legal entitlement to such arises, or

d) the person dies.

1. The ABEV may provide a cash payment instead of benefits in kind pursuant to Article 16, paragraph 2, letter b of the EG AIG and AsylG.

2. The cash payment is graduated according to the size of the family unit or household and amounts per day as follows

| Number of Persons | Per Person (CHF) | Per Family Unit or Household (CHF) |

| --- | --- | --- |

| 1 | 10.00 * | 10.00 * |

| 2 | 10.00 * | 20.00 * |

| 3 | 10.00 * | 30.00 * |

| 4 | 9.50 * | 38.00 * |

| 5 | 9.00 * | 45.00 * |

| 6 | 8.50 * | 51.00 * |

| 7 | 8.00 * | 56.00 * |

3. The cash payment is made at least weekly when accommodation is provided in a collective shelter.

1. Public or private organizations that provide emergency aid on behalf of the ABEV must, in addition to the requirements specified in Article 11, Paragraph 1 of the EG AIG and AsylG, have

a) an operational and security plan,

b) a set of house rules,

c) a plan for quality development and assurance,

d) an organizational chart and a staff directory,

e) sufficient personnel to ensure 24/7 operation,

f) adequate liability insurance for operations.

2. They must provide the ABEV with all necessary information in a timely manner that is required for managing the services, ensuring quality assurance, and reviewing service costs.

3. The required professional competence according to Article 11, Paragraph 1, Letter a of the EG AIG and AsylG is typically fulfilled by individuals who have completed vocational training in the social sector or have several years of professional experience in that field.

1. In the operation of collective accommodations pursuant to Article 16 paragraph 2 letter a of the Act, the provisions pursuant to Articles 37 and 38 of the Ordinance of May 20, 2020, on Social Assistance in the Asylum and Refugee Sector (SAFV) apply mutatis mutandis.

2. The house rules for the collective accommodation must be submitted to the ABEV for approval.

3. Incidents affecting security in and around the collective accommodation must be reported immediately by the operator to the ABEV and, in cases of official offenses, to the Cantonal Police.

1. In the case of special measures and accommodations pursuant to Article 17 of the Act on Foreign Nationals and Integration (EG AIG) and the Asylum Act (AsylG), the provisions of the special legislation must be observed.

Timely access to medical care must be ensured.

There is no free choice of doctor.

1. The following decrees are repealed

a. Implementing Ordinance of October 14, 2009, on the Foreign Nationals and Asylum Act (EV AuG and AsylG),

b. Directorate Ordinance of April 29, 2010, on the Assessment of Social Assistance Benefits for Persons in the Asylum Sector.

1. This regulation shall enter into force on 1 July 2020.