Federal Act of 16 December 2005 on Foreign Nationals and Integration (FNIA) - Purpose (AIG)

This law governs the entry into and departure from Switzerland, the stay of foreign nationals, and family reunification. It also governs the promotion of the integration of foreign nationals.

This Act applies to foreign nationals to the extent that their legal status is not governed by other provisions of federal law or by international treaties concluded by Switzerland.

It is applicable to nationals of the Member States of the European Community (EC), their family members, and posted workers by an employer with its registered office or domicile in one of these States, only insofar as the agreement of June 21, 1999, between, on the one hand, the Swiss Confederation, and, on the other hand, the European Community and its Member States on the free movement of persons does not provide otherwise or where this Act provides more favorable provisions.

It is applicable to nationals of the Member States of the European Free Trade Association (EFTA), their family members, and posted workers by an employer with its registered office or domicile in one of these States, only insofar as the agreement of June 21, 2001, amending the convention establishing the European Free Trade Association does not provide otherwise or where this Act provides more favorable provisions.

The provisions on visa procedures, as well as on entry into and exit from Switzerland, apply only to the extent that the Schengen association agreements do not contain divergent provisions.

The Schengen association agreements are mentioned in Annex 1, section 1.

The admission of foreign nationals for the purpose of gainful employment must serve the interests of the Swiss economy; the prospects for durable integration into the Swiss labor market and social environment are decisive. The cultural and scientific needs of Switzerland are appropriately taken into account.

Foreign nationals are also admitted when humanitarian reasons or commitments arising from international law require it or when family unity depends on it.

In the admission of foreign nationals, the sociodemographic evolution of Switzerland is taken into consideration.

The integration of foreign nationals aims to promote the coexistence of Swiss and foreign populations based on constitutional values as well as mutual respect and tolerance.

It should enable foreign nationals whose stay is legal and long-term to participate in economic, social, and cultural life.

Integration presupposes, on one hand, that foreign nationals are willing to integrate, and on the other hand, that the Swiss population is open towards them.

It is essential that foreign nationals become familiar with the society and way of life in Switzerland and, in particular, that they learn a national language.

To enter Switzerland, any foreign national must: a. possess an identification document recognized for crossing the border and hold a visa if one is required; b. have the financial means necessary for their stay; c. pose no threat to public security and order or to Switzerland's international relations; d. not be subject to a removal order or expulsion under Article 66a or 66abis of the Criminal Code (CC) or Article 49a or 49abis of the Military Criminal Code of 13 June 1927 (MCC).

If a temporary stay is planned, they must provide assurance that they will leave Switzerland. The Federal Council may provide exceptions to the entry conditions specified in para. 1 for humanitarian reasons, national interest, or due to international obligations. The Federal Council designates the identification documents recognized for crossing the border.

Upon mandate by the competent federal or cantonal authority, the visa is issued by the competent Swiss representation abroad or by another authority designated by the Federal Council.

When the issuance of the visa for a stay not subject to authorization (Art. 10) is refused, the competent representation abroad issues a decision using a form in the name of the State Secretariat for Migration (SEM) or the Federal Department of Foreign Affairs (FDFA), depending on the area of competence. The Federal Council may provide that other services of the FDFA are also authorized to issue decisions on behalf of the FDFA.

A decision as defined in Para. 2 may be subject to written opposition before the authority that rendered it (SEM or FDFA) within a period of 30 days. Art. 63 of the Federal Act of December 20, 1968, on Administrative Procedure applies by analogy.

A limited-duration declaration of sponsorship, a security deposit, or any other guarantee may be required to cover potential costs of stay, care, and return.

Entry into Switzerland and exit from Switzerland are governed by the Schengen Association Agreements.

The Confederation cooperates with the competent European Union agency for the surveillance of the Schengen external borders. This cooperation includes, in particular, the development of planning instruments for the agency, pursuant to Regulation (EU) 2019/1896.

The Federal Council regulates the control of persons at the border as authorized by these agreements. If entry into Switzerland is refused, the competent border control authority issues a removal decision in accordance with Art. 64.

If Swiss border controls are temporarily reintroduced under the Schengen Borders Code and entry is refused, the competent border control authority issues a motivated decision subject to appeal using the form as per Annex V, Part B, of the Schengen Borders Code. The refusal of entry is immediately enforceable. An appeal does not have suspensive effect.

The cantons exercise control of individuals on their territory.

The Federal Council regulates, in agreement with the border cantons, the control of individuals by the Confederation in the border area.

Any foreign national may stay in Switzerland without engaging in gainful activity for up to three months without a permit, unless the duration specified in the visa is shorter.

A foreign national intending to stay longer without gainful activity must hold a permit. This permit must be requested before entering Switzerland from the competent authority of the intended place of residence. Art. 17, para. 2, is applicable.

Any foreign national intending to engage in gainful employment in Switzerland must hold an authorization, regardless of the duration of their stay. They must apply for it with the competent authority at the intended place of work.

Gainful employment is considered any salaried or independent activity that normally generates income, even if it is performed free of charge.

In the case of salaried employment, the application for authorization is submitted by the employer.

Any foreign national required to obtain a short stay, residence, or settlement permit must declare their arrival to the competent authority of their place of residence in Switzerland before the end of the stay not subject to a permit or before the commencement of gainful activity.

They are required to declare their arrival to the competent authority of the new place of residence if they move to a new canton or municipality.

The Federal Council shall determine the deadlines by which arrival must be declared.

Every foreign national must provide valid identification when declaring their arrival. The Federal Council specifies the exceptions and recognized identification documents.

The competent authority may require the presentation of an extract from the criminal record of the country of origin or provenance, or other documents necessary for the procedure.

A foreign national is only permitted to declare their arrival once they possess all the documents required by the competent authority for the granting of the authorization.

The Federal Council may provide for more favorable provisions regarding the obligation to obtain a permit or to report one's arrival, particularly for the purpose of facilitating temporary cross-border services.

Any foreign national holding a residence permit must report their departure from Switzerland or their move to another canton or municipality to the competent authority at their place of residence.

Anyone who accommodates a foreign national for profit must report it to the competent cantonal authority.

A foreign national who has entered Switzerland legally for a temporary stay and subsequently applies for a permanent residence permit must await the decision abroad.

The competent cantonal authority may authorize the foreign national to stay in Switzerland during the procedure if the admission conditions are clearly met.

A foreign national may be admitted for the purpose of taking up gainful employment under the following conditions: a. their admission serves the economic interests of the country; b. their employer has submitted an application; c. the conditions set out in Art. 20 to 25 are met.

A foreign national may be admitted for the purpose of engaging in independent gainful activity under the following conditions: a. their admission serves the economic interests of the country; b. the financial conditions and the requirements related to the operation of the business are fulfilled; c. they have a sufficient and autonomous source of income, and d. the conditions set out in Arts. 20 and 23 to 25 are met.

The Federal Council may limit the number of initial short-term permits and initial residence permits (Art. 32 and 33) granted for gainful employment. It consults the cantons and social partners beforehand.

It may set a maximum number of permits for the Confederation and for each canton.

The SEM may, within the limits of the Confederation's quota, itself grant initial short-term or residence permits or increase a canton's quota. It takes into account the needs of the canton and the economic interests of the country.

A foreign national may be admitted for the purpose of gainful employment only if it is demonstrated that no worker in Switzerland nor any national of a state with which an agreement on the free movement of persons has been concluded fitting the required profile could be found.

The following are considered as workers in Switzerland: a. Swiss nationals; b. holders of a permanent residence permit; c. holders of a residence permit who have the right to pursue gainful employment; d. foreign nationals admitted on a provisional basis; e. persons granted provisional protection who hold an authorization to pursue gainful employment.

By way of derogation from para. 1, a foreign national holding a degree from a Swiss higher education institution may be admitted if their gainful employment is of paramount scientific or economic interest. They are admitted for six months from the end of their studies or continuing education in Switzerland to find such employment.

The Federal Council shall adopt measures aimed at maximizing the potential offered by the labor force in Switzerland. It shall consult the cantons and social partners beforehand.

When certain occupational groups, areas of activity, or economic regions record an unemployment rate above average, measures limited in time should be taken to promote individuals registered with the public employment service as job seekers. These measures may be restricted to certain economic regions.

Vacant positions in occupational groups, areas of activity, or economic regions with an unemployment rate above average must be reported by employers to the public employment service. Access to information concerning the reported positions is restricted, for a limited period, to individuals registered with the public employment service in Switzerland.

The public employment service shall, as soon as possible, send relevant dossiers of registered job seekers to the employer. The employer shall invite candidates whose profile matches the vacant position to an interview or professional aptitude test. The results must be communicated to the public employment service.

If the vacancies referred to in para. 3 are filled by individuals registered with the public employment service as job seekers, it is not necessary to report the vacancies to the public employment service.

The Federal Council may establish additional exceptions to the obligation to report vacancies provided in para. 3, particularly to consider the specific situation of family businesses or for workers who were already previously employed by the same employer; before adopting implementing provisions, it shall consult the cantons and social partners. It periodically establishes lists of occupational groups and areas of activity registering an unemployment rate above average, for which the obligation to report vacancies is required.

If the conditions referred to in para. 2 are met, a canton may request the Federal Council to introduce an obligation to report vacancies.

When the measures referred to in paras. 1 to 5 do not produce the desired effect or new problems arise, the Federal Council shall submit additional measures to the Federal Assembly after having consulted the cantons and social partners. In case of serious issues, particularly related to cross-border commuters, the concerned canton may propose additional measures to the Federal Council.

A foreign national may only be admitted for the purpose of gainful employment if: a. the usual conditions of remuneration and work of the place, profession, and sector are respected, and b. the amounts of reimbursements referred to in para. 2 are customary in the place, profession, and sector.

The employer reimburses the posted worker for expenses related to the posting in the context of a cross-border service provision or intra-company transfer, such as travel, accommodation, and meal expenses. The amounts paid for this purpose are not considered as part of the salary.

In the case of long-term postings, the Federal Council may issue provisions on the duration of the obligation provided for in para. 2.

Only executives, specialists, or other qualified workers may obtain a short-term or residence permit.

In the event of granting a residence permit, the foreign national's professional qualifications, their ability to adapt professionally and socially, their language skills, and their age must also suggest that they will integrate sustainably into the professional and social environment.

By way of derogation from paragraphs 1 and 2, the following may be admitted: a. investors and business leaders who will create or maintain jobs; b. recognized figures in the scientific, cultural, or sports fields; c. individuals possessing specific knowledge or professional skills, if their admission meets a verified need; d. executives transferred by companies active on an international level; e. individuals involved in international business relations of significant economic impact, whose activity is essential in Switzerland.

A foreign national may only be admitted for the purpose of gainful employment if they have appropriate accommodation.

A foreign national may only be admitted for the purpose of gainful employment as a cross-border commuter if: a. they hold a permanent residence right in a neighboring state and have resided for at least six months in the neighboring border zone; b. they conduct their activity in the Swiss border zone.

Articles 20, 23, and 24 do not apply.

A foreign national may only be admitted to provide temporary cross-border services if such activity serves the economic interests of the country.

The conditions set forth in Articles 20, 22, and 23 apply by analogy.

A foreign national may be admitted for the purpose of engaging in gainful employment as a person providing religious guidance or teaching, or delivering a language and culture course from their country of origin if, in addition to the conditions set forth in Arts. 18 to 24, the following conditions are met: a. the foreign national concerned is knowledgeable about the Swiss social and legal systems and is capable of conveying this knowledge to the foreign nationals they guide; b. they are capable of communicating in the national language spoken at the workplace.

For a short-term residence permit, the competent authorities may waive the condition referred to in para. 1, let. b.

A foreign national may be admitted for the purpose of education or continuing education under the following conditions: a. the administration of the institution confirms that they can pursue the intended education or continuing education; b. they have appropriate accommodation; c. they possess the necessary financial means; d. they have the required educational level and personal qualifications to follow the planned education or continuing education.

If they are a minor, their care must be ensured.

The continuation of the stay in Switzerland after the completion or interruption of the education or continuing education is governed by the general admission conditions provided for by this Act.

A foreign national who no longer engages in gainful employment may be admitted under the following conditions: a. they have reached the minimum age set by the Federal Council; b. they have particular personal ties to Switzerland; c. they have the necessary financial means.

A foreign national may be admitted for the purpose of medical treatment. The financing and departure from Switzerland must be guaranteed.

When a foreign national stays in Switzerland solely for the purpose of seeking employment, neither they nor their family members are entitled to social assistance.

It is possible to make exceptions to the admission conditions (Art. 18 to 29) for the following purposes: a. to regulate gainful employment for foreigners admitted under family reunification, provided there is no right to engage in gainful employment (Art. 46); b. to account for individual cases of extreme hardship or major public interests; c. to regulate the stay of placed children; d. to protect persons particularly at risk of being exploited in the exercise of their gainful activities; e. to regulate the stay of victims or witnesses of human trafficking and persons who cooperate with the prosecution authorities within the framework of a witness protection program established in Switzerland, in a foreign state, or by an international criminal court; f. to allow stays within the framework of aid and development projects conducted under economic and technical cooperation; g. to simplify international exchanges in the economic, scientific, and cultural fields, as well as vocational training and continuing professional education; h. to simplify the exchange of senior executives and essential specialists within an internationally active company; i. ... j. to enable au pairs placed by a recognized organization to undertake further training in Switzerland; k. to facilitate the readmission to Switzerland of foreigners who have previously held a residence or settlement permit; l. to regulate gainful employment and participation in occupation programs for asylum seekers (Art. 43 of the Asylum Act of 26 June 1998), foreigners provisionally admitted (Art. 85), and persons to be protected (Art. 75 of the Asylum Act).

The Federal Council sets the general conditions and determines the procedure.

Recognized stateless persons in Switzerland are entitled to a residence permit in the canton in which they are legally residing.

Art. 83, para. 8, concerning persons provisionally admitted, applies to stateless persons who have committed an act comprising the elements described in Art. 83, para. 7.

Stateless persons as defined in paras. 1 and 2, as well as stateless persons subject to a legally binding expulsion order under Art. 66a or 66abis of the Swiss Criminal Code (SCC), Art. 49a or 49abis of the Military Criminal Code (MCC), or Art. 68 of this Act, may engage in gainful employment throughout Switzerland. Art. 61 of the Asylum Act (AsylA) applies by analogy.

The short-term residence permit is granted for a limited stay of no more than one year.

It is issued for a stay with a specific purpose and may be subject to additional conditions.

Its validity may be extended up to a total duration of two years. A change of employment is only granted for compelling reasons.

A new short-term residence permit can only be issued after an appropriate interruption of the stay in Switzerland.

The residence permit is granted for a stay exceeding one year.

It is granted for a specific purpose of stay and may be subject to additional conditions.

Its validity period is limited, but it can be extended if there are no grounds for revocation as per Art. 62, para. 1.

When determining the validity period of the residence permit and its extension, the authorities consider the integration of the foreign national.

The granting and extension of a residence permit may be contingent upon the conclusion of an integration agreement, particularly when specific integration needs arise in accordance with the criteria defined in Art. 58a.

The permanent residence permit is issued for an indefinite period and without conditions.

The competent authority may grant a permanent residence permit to a foreign national under the following conditions: a. he or she has resided in Switzerland for at least ten years with a short-term or residence permit, the last five of which were uninterrupted under a residence permit; b. there are no grounds for revocation as defined in Art. 62 or 63, para. 2; c. the foreign national is integrated.

The permanent residence permit may be granted after a shorter period if major reasons justify it.

A foreign national who meets the conditions set out in para. 2, let. b and c, and is able to communicate well in the national language spoken at their place of residence may obtain a permanent residence permit after an uninterrupted stay of five years with a residence permit.

Temporary stays are not counted towards the five-year uninterrupted stay required under para. 2, let. a, and para. 4. Stays undertaken for education or further training purposes (Art. 27) are counted if, after their completion, the foreign national has held a permanent residence permit for a continuous period of two years.

In the event of revocation under Art. 63, para. 2, and replacement by a residence permit, a new permanent residence permit may only be issued after a period of five years, provided that the person has become well integrated in the meantime.

The border permit is granted for the purpose of engaging in gainful employment in a border zone (Art. 25).

The holder must return to their place of residence abroad at least once a week; the border permit may be subject to additional conditions.

Its validity is limited but can be extended.

After an uninterrupted activity of five years, the holder has the right to an extension if there are no grounds for revocation under Art. 62, para. 1.

A holder of a short-term residence permit, a residence permit, or a settlement permit may freely choose their place of residence within the territory of the canton that granted the permit.

If the holder of a short-term residence permit or a residence permit wishes to move their place of residence to another canton, they must first apply for authorization from that canton.

The holder of a residence permit is entitled to change cantons if they are not unemployed and there are no grounds for revocation as per Art. 62, para. 1.

The holder of a permanent residence permit is entitled to change cantons if there are no grounds for revocation as per Art. 63.

A temporary stay in another canton does not require authorization.

The holder of a short-term permit admitted for the purpose of carrying out gainful employment, whether as an employee or self-employed, may exercise this activity throughout Switzerland. They may obtain authorization to change employment if significant reasons justify it and the conditions set out in Articles 22 and 23 are met.

The holder of a residence permit admitted for the purpose of carrying out gainful employment, whether as an employee or self-employed, may exercise this activity throughout Switzerland. They may change employment without further authorization.

The holder of a residence permit admitted for the purpose of carrying out gainful employment as an employee who wishes to undertake self-employed gainful activity may obtain authorization if they meet the conditions set out in Article 19, letters a and b.

The holder of a settlement permit may carry out gainful employment, either as an employee or self-employed, throughout the entire Swiss territory.

The holder of a cross-border authorization may engage in temporary gainful employment outside the border zone. If they intend to move the center of their activity to the border zone of another canton, they must first apply for an authorization from the latter. After uninterrupted activity for five years, they are entitled to change cantons.

The holder of a cross-border authorization who wishes to change jobs may obtain an authorization if the conditions of Art. 21 and Art. 22 are met. After uninterrupted gainful employment for five years, they are entitled to change jobs.

The holder of a cross-border authorization admitted for the purpose of engaging in salaried employment who wishes to undertake self-employed gainful activity may obtain an authorization if they meet the conditions set forth in Art. 19, letters a and b.

The permits provided for in Articles 32 to 35 and 37 to 39 are granted by the cantons. The Confederation's competencies in matters of limitation measures (Art. 20), exceptions to admission conditions (Art. 30), and approval procedure (Art. 99) are reserved.

When a foreign national does not have the right to engage in gainful employment, a prior cantonal decision regarding the labor market is required to admit them for the purpose of gainful employment, as well as to authorize them to change jobs or transition from salaried employment to self-employment.

When a canton submits a request for a short-term or residence permit that is countable against the Confederation's quota, the preliminary decision regarding the labor market is issued by the State Secretariat for Migration (SEM).

The foreign national generally receives a residence permit that indicates the type of authorization they hold.

A foreign national admitted on a provisional basis (Art. 83) receives a residence permit indicating their legal status.

For control purposes, the residence permit of a holder of a settlement permit is issued for a duration of five years.

The residence permit may be equipped with a chip. This chip contains the holder's photograph and fingerprints, as well as data encoded in the machine-readable zone.

The Federal Council determines which persons are issued a residence permit with a chip and what data must be recorded on it.

The State Secretariat for Migration (SEM) determines the form and content of the residence permits. It may delegate the production of residence permits, in whole or in part, to third parties.

The chip must be protected against tampering and unauthorized reading. The Federal Council shall establish the technical requirements.

The Federal Council is authorized to conclude treaties regarding the reading of fingerprints stored on the chip with states bound by one of the association agreements to Schengen and other states, provided that the concerned states have data protection equivalent to that applied by Switzerland.

The center responsible for the production of biometric residence permits and the involved general contractors must prove that they meet the following conditions: a. they possess the necessary knowledge and qualifications; b. they ensure high security and quality in the production of residence permits and guarantee compliance with deadlines and specifications; c. they guarantee data protection compliance; d. they possess sufficient financial resources.

The economic beneficiaries, persons holding shares in the company, members of the board of directors or a comparable body or management, as well as other persons who exert or can exert a determining influence on the company or the production of residence permits must have a good reputation. They may be subject to security checks according to Art. 6 of the Ordinance of December 19, 2001, on Security Controls for Individuals.

The State Secretariat for Migration (SEM) may require the necessary documents to verify compliance with the conditions mentioned in paragraphs 1 and 2 at any time. If the center responsible for producing the residence permits is part of a group of companies, these conditions apply to the entire group.

The provisions in paragraphs 1 to 3 are applicable to service providers and suppliers when the services provided are of decisive importance in the production of residence permits.

The Federal Council determines other applicable conditions for the center responsible for producing residence permits, general contractors, service providers, and suppliers.

The spouse of a Swiss citizen and their unmarried children under the age of 18 are entitled to the granting of a residence permit and the extension of its validity provided they live in a common household with the Swiss citizen.

Family members of a Swiss citizen who hold a permanent residence permit issued by a State with which Switzerland has concluded an agreement on the free movement of persons are entitled to the granting of a residence permit and the extension of its validity. The following are considered family members: a. the spouse and their descendants who are under 21 years of age or whose support is guaranteed; b. the ascendants of the Swiss citizen or their spouse whose support is guaranteed.

After a continuous legal stay of five years, the spouse is entitled to the granting of a settlement permit if the integration criteria defined in Art. 58a are met.

Children under twelve years of age are entitled to the granting of a settlement permit.

The foreign spouse of the holder of a settlement permit, as well as their unmarried foreign children under the age of 18, are entitled to the grant of a residence permit and the extension of its validity under the following conditions: a. they live together as a household; b. they have appropriate accommodation; c. they are not dependent on social assistance; d. they are able to communicate in the national language spoken at the place of residence; e. the person initiating the family reunification request does not receive annual supplemental benefits under the meaning of the Act of 6 October 2006 on Supplemental Benefits (SBA), nor would they be entitled to receive them due to family reunification.

For the grant of a residence permit, enrollment in a language promotion program is sufficient in place of the condition stipulated in paragraph 1, letter d.

The condition stipulated in paragraph 1, letter d, does not apply to unmarried children under the age of 18.

The granting and extension of a residence permit may be subject to the conclusion of an integration agreement when specific integration needs arise in accordance with the criteria defined in Article 58a.

After a legal and uninterrupted stay of five years, the spouse is entitled to the grant of a settlement permit if the integration criteria defined in Article 58a are met.

Children under the age of twelve are entitled to the grant of a settlement permit.

The foreign spouse of the holder of a residence permit, as well as his or her foreign unmarried children under the age of 18, may obtain a residence permit and its extension under the following conditions: a. they live in a shared household with the holder; b. they have adequate housing; c. they do not depend on social assistance; d. they are capable of communicating in the national language spoken at the place of residence; e. the person applying for family reunification does not receive supplementary benefits annually under the Swiss Federal Act on Supplementary Benefits to the Old Age, Survivors, and Disability Insurance (SBA) and could not receive them because of the family reunification.

For the granting of the residence permit, enrollment in a language promotion offering suffices instead of the requirement outlined in para. 1, let. d.

The condition outlined in para. 1, let. d, does not apply to unmarried children under the age of 18.

The granting and extension of a residence permit may be conditioned on entering into an integration agreement when there are special integration needs in accordance with the criteria defined in Art. 58a.

The foreign spouse of a short-term residence permit holder, as well as their unmarried foreign children under the age of 18, may obtain a short-term residence permit under the following conditions: a. They live in a common household with the permit holder; b. They have suitable accommodation; c. They do not rely on social assistance; d. The person initiating the family reunification request does not receive annual supplementary benefits within the meaning of the FSB and could not receive such benefits as a result of the family reunification.

If the examination of the family reunification conditions defined in Articles 42 to 45 reveals indications of an absolute ground for annulment of marriage as per Article 105, paragraph 5, or 105a of the Civil Code (CC), the competent authorities shall inform the authority referred to in Article 106 CC. The procedure is suspended until a decision is made by this authority. If this authority initiates legal proceedings, the suspension is extended until a judgment is rendered and comes into force.

The foreign spouse of a Swiss citizen or of the holder of a permanent residence or residence permit, as well as their foreign children (Art. 42 to 44), may engage in gainful employment, whether salaried or self-employed, throughout the entire territory of Switzerland.

Family reunification must be requested within five years. For children over 12 years of age, reunification must occur within a 12-month period.

These deadlines do not apply to the family reunification referred to in Art. 42, para. 2.

The time limits start to run: a. for family members of Swiss nationals referred to in Art. 42, para. 1, at the time of their entry into Switzerland or the establishment of the family relationship; b. for family members of foreigners, upon the granting of the residence or settlement permit or the establishment of the family relationship.

After this period, delayed family reunification is only permitted for major family reasons. If necessary, children over the age of 14 are heard.

A placed child is entitled to a residence permit and to the extension of its validity under the following conditions: a. adoption in Switzerland is intended; b. the civil law conditions for the placement of children for adoption are fulfilled; c. the child has entered Switzerland legally for the purpose of adoption.

If the intended adoption does not take place, the child is entitled to the extension of the residence permit and, five years after arrival, to the granting of a settlement permit.

The requirement for a shared household provided for in Arts. 42 to 44 does not apply when the family community is maintained and significant reasons justifying the existence of separate residences can be invoked.

It is possible to make an exception to the requirement stipulated in Art. 43, para. 1, let. d, and Art. 44, para. 1, let. d, when there are compelling reasons to justify it.

Compelling reasons include, in particular, a disability, an illness, or another incapacity that significantly hinders the ability to learn a language.

Upon the dissolution of marriage or family, the spouse and children are entitled to the issuance of a residence permit and the extension of its validity pursuant to Art. 42, 43, or 44, the issuance of a short-term residence permit and the extension of its validity pursuant to Art. 45 in relation to Art. 32, para. 3, as well as a decision of provisional admission pursuant to Art. 85 c, para. 1, in the following cases: a. the marital union has lasted at least three years and the integration criteria defined in Art. 58 a are met, or b. the continuation of their stay in Switzerland is required for major personal reasons.

The major personal reasons referred to in para. 1, let. b include, in particular, when: a. the spouse or a child is a victim of domestic violence; the indicators that competent authorities must consider include, notably: 1. recognition of victim status within the meaning of Art. 1, para. 1, of the Victim Support Act of 23 March 2007 by the authorities responsible for executing this law, 2. confirmation of the necessity for care or protection by a specialized domestic violence service generally funded by public resources, 3. police or judicial measures aimed at protecting the victim, 4. medical reports or other expert opinions, 5. police reports and criminal complaints, or 6. criminal judgments; b. the marriage was concluded in violation of the free will of one of the spouses, or c. social reintegration in the country of origin appears severely compromised.

The deadline for granting a settlement permit is governed by Art. 34.

Paras. 1 to 3 apply by analogy to cohabiting partners who, pursuant to Art. 30, para. 1, let. b, have obtained a residence permit to stay with their partner due to an individual case of extreme hardship.

The rights provided for in Art. 42 expire in the following cases: a. they are invoked abusively, particularly to circumvent the provisions of the present law on admission and residence or its implementing provisions; b. there are grounds for revocation as stipulated in Art. 63.

The rights provided for in Arts. 43, 48, and 50 expire: a. when they are invoked abusively, particularly to circumvent the provisions of the present law on admission and residence or its implementing provisions; b. if there are grounds for revocation according to Arts. 62 or 63, para. 2.

The provisions of this chapter concerning foreign spouses apply by analogy to registered same-sex partners.

In carrying out their tasks, the Confederation, the cantons, and the municipalities take into account the objectives of the integration of foreign nationals and the protection against discrimination.

They create favorable conditions for equal opportunities and for the participation of foreign nationals in public life. They promote the potentials of the foreign population, consider diversity, and require each individual to demonstrate personal responsibility.

They particularly encourage the acquisition of language skills and other basic competencies by foreign nationals, professional advancement, and preventive health measures; they also support efforts to promote mutual understanding between the Swiss and foreign populations and to facilitate their coexistence.

The promotion of integration is a task that the Confederation, the cantons, the municipalities, social partners, non-governmental organizations, and foreign organizations accomplish together.

Cantonal social assistance authorities report recognized refugees and persons provisionally admitted who are unemployed to the public employment service.

The Federal Council determines who the beneficiaries of integration promotion are. It first consults with the cantons and the umbrella associations of municipalities and cities.

The specific needs of women, children, and adolescents are taken into account in the promotion of integration.

Integration is primarily promoted within the framework of existing structures at the federal, cantonal, and communal levels, notably: a. in preschool, school, and extracurricular support and training programs; b. in the labor market; c. in social security institutions; d. in the field of health; e. in spatial planning and the development of cities and neighborhoods; f. in sports, media, and culture.

The specific promotion of integration at the federal, cantonal, and communal levels complements the integration promotion implemented within ordinary structures when these are not accessible or when there are gaps.

The cantons shall provide appropriate measures as early as possible for foreign nationals with special integration needs. The Confederation supports the cantons in this task.

The Federal Council establishes the integration policy within the jurisdiction of the Confederation. It ensures that the federal services, in collaboration with the competent cantonal authorities, take measures to promote integration and protect against discrimination.

The State Secretariat for Migration (SEM) coordinates the measures to encourage integration and protection against discrimination undertaken by federal services, particularly in the fields of social security, vocational and continuing education, and health. The federal services involve the SEM in activities that may have implications for integration.

The SEM ensures the exchange of information and experiences with the cantons, municipalities, and other concerned parties.

The cantons define the integration policy within their jurisdiction. They ensure that the cantonal authorities, in collaboration with the competent municipal authorities, take measures to promote integration and protect against discrimination. They designate a service responsible for liaising with the SEM on integration issues and ensure the exchange of information and experiences with the municipalities.

The SEM periodically reviews, in collaboration with the cantons, the integration of the foreign population and guarantees quality assurance in terms of promoting integration.

The Confederation, the cantons, and the communes inform and advise foreign nationals about living and working conditions in Switzerland, particularly concerning their rights and obligations.

The competent authorities inform foreign nationals about the available integration promotion offers.

The cantons ensure the initial information dissemination to newly arrived foreign nationals in Switzerland. The Confederation supports the cantons in this task.

The Confederation, the cantons, and the communes educate the population on integration policy and the specific situation of foreign nationals.

The Confederation, the cantons, and the communes may delegate the tasks mentioned in paragraphs 1 to 4 to third parties.

The Confederation grants financial contributions to the integration of foreign nationals pursuant to paragraphs 2 and 3. These contributions supplement the expenditure incurred by the cantons for integration.

Contributions provided for persons provisionally admitted, recognized refugees, and persons in need of protection with a residence permit, for whom the Confederation reimburses the cantons for social assistance costs under Article 87 of this Act and Articles 88 and 89 of the Asylum Act (AsylA), are granted to the cantons in the form of integration lump sums or the financing of cantonal integration programs. They may be linked to the achievement of socio-political objectives and restricted to certain categories of persons.

Other contributions are allocated to finance cantonal integration programs as well as national programs and projects of significant importance aimed at promoting the integration of foreign nationals, regardless of their status. The coordination and execution of activities related to programs and projects may be entrusted to third parties.

The Federal Council sets the amount of contributions granted by the Confederation pursuant to paragraphs 2 and 3.

The Federal Council, in agreement with the cantons, defines the fields that are subject to promotional measures and regulates the procedure provided for in paragraphs 2 and 3.

When evaluating integration, the competent authority takes into account the following criteria: a. respect for public security and order; b. respect for the values of the Constitution; c. language skills; d. participation in economic life or the acquisition of education.

The situation of persons who, due to a disability, illness, or other significant personal reasons, do not meet or have difficulty meeting the integration criteria set out in para. 1, let. c and d, is taken into consideration appropriately.

The Federal Council determines the language skills required at the time of granting or extending an authorization.

The integration agreement sets the objectives, measures, and deadlines agreed upon with the person concerned. It also regulates the terms of financing.

It may specifically include objectives regarding the acquisition of language skills, school or professional and economic integration, as well as the acquisition of knowledge about the living conditions, economic system, and legal order in Switzerland.

When the competent authorities require the conclusion of an integration agreement, the residence permit is granted or extended only after the agreement has been concluded.

The competent authorities may issue recommendations on integration to the persons to whom Art. 2, para. 2 or 3, or Art. 42 applies.

The SEM may issue travel documents for foreign nationals without identity documents.

Entitled to travel documents are: a. foreign nationals who qualify as refugees under the Convention of 28 July 1951 relating to the Status of Refugees; b. foreign nationals recognized as stateless by Switzerland under the Convention of 28 September 1954 relating to the Status of Stateless Persons; c. foreign nationals without identity documents holding a permanent residence permit.

A foreign national who severely or repeatedly threatens or endangers public security and order in Switzerland or abroad, poses a threat to Switzerland's internal or external security, or has been sentenced to enforceable expulsion under Art. 66a or 66abis Swiss Penal Code (CP) or Art. 49a or 49abis Swiss Military Penal Code (CPM) is not entitled to travel documents.

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and 6 ...

Travel documents issued to foreign nationals may be equipped with an electronic chip. The chip may contain a photograph, fingerprints, other personal data of the holder as well as data related to the travel document. The data mentioned in Art. 4, para. 1, let. g, of the Act of June 20, 2003, on the Central Information System for the Domains of Foreign Nationals and Asylum may also be recorded on the chip. Art. 2a of the Act of June 22, 2001, on Identity Documents (IDA) applies by analogy.

The Federal Council determines which types of travel documents for foreigners are equipped with a chip and the data that must be recorded on it.

The collection of biometric data may be partially or entirely delegated to third parties; the same applies to the transmission of the required data to the center responsible for producing the travel document. Art. 6a of the Federal Act on Data Protection is applicable by analogy.

The State Secretariat for Migration (SEM) and the cantonal authorities responsible for processing the applications for travel documents may process biometric data already recorded in the Central Migration Information System (SYMIC) for the issuance or renewal of a travel document.

The biometric data necessary for the issuance of a travel document must be newly collected every five years. The Federal Council may set shorter collection periods when an individual's physiological development necessitates it.

Refugees are prohibited from traveling to their country of origin or provenance. If there is a well-founded suspicion that this prohibition is not being respected, the SEM may impose a ban on travel to other states for all refugees from a country of origin or provenance, particularly neighboring countries of that state.

The SEM may authorize a person to travel to a state for which there is a travel ban under paragraph 1, second sentence, when significant reasons justify it.

The Confederation may authorize the foreign national, who voluntarily leaves Switzerland within the prescribed period, to benefit from return and reintegration assistance programs.

The following can benefit from return and reintegration assistance programs: a. persons who have left their State of origin or provenance due to a serious widespread danger, particularly a war, civil war or situation of widespread violence, or who could not return there as long as this danger persisted, provided that their stay was governed by the present law and they were required to leave Switzerland; b. persons referred to in Art. 30, para. 1, lit. d and e; c. persons who, admitted provisionally, leave Switzerland of their own accord or whose provisional admission has been revoked pursuant to Art. 84, para. 2.

Return and reintegration assistance includes: a. counseling with a view to return pursuant to Art. 93, para. 1, lit. a, Asylum Act (AsylA); abis. access to projects established in Switzerland to maintain the capacity of foreigners to return, pursuant to Art. 93, para. 1, lit. b, AsylA; b. participation in projects established in the State of origin, the State of provenance, or a third State to facilitate return and reintegration pursuant to Art. 93, para. 1, lit. c, AsylA; c. depending on the case, financial assistance intended to facilitate integration or to ensure medical care in the State of origin, the State of provenance, or a third State, pursuant to Art. 93, para. 1, lit. d, AsylA.

The Federal Council shall set the conditions and define the procedure for the payment and settlement of contributions.

The permit expires: a. when the foreign national declares their departure from Switzerland; b. when they obtain a permit in another canton; c. upon the expiration of the permit; d. following an expulsion as per Art. 68; e. when the expulsion according to Art. 66 a SCC or 49 a MCC comes into force; f. when the expulsion in accordance with Art. 66 a bis SCC or 49 a bis MCC is executed.

If a foreign national leaves Switzerland without declaring their departure, the short-term permit automatically expires after three months, and the residence or settlement permit after six months. Upon request, the settlement permit can be maintained for four years.

The right of residence for citizens of EU or EFTA member states who hold a short-term residence permit terminates six months after involuntary termination of employment. The right of residence for citizens of EU or EFTA member states holding a residence permit ends six months after involuntary termination of employment if this occurs before the end of the first twelve months of stay.

If the payment of unemployment benefits continues beyond the six-month period mentioned in para. 1, the right of residence ends upon the cessation of these benefit payments.

Between the termination of employment and the termination of the right of residence as referred to in paras. 1 and 2, no entitlement to social assistance is recognized.

In the event of involuntary termination of employment after the first twelve months of stay, the right of residence for citizens of EU or EFTA member states holding a residence permit ends six months after the termination of employment. If the payment of unemployment benefits continues beyond the six-month period, the right of residence ends six months after the cessation of these benefit payments.

Paras. 1 to 4 do not apply to persons whose employment ends due to temporary incapacity to work caused by illness, accident, or disability, nor to those who can invoke a right to remain under the Agreement on the Free Movement of Persons of June 21, 1999, between, on the one hand, the Swiss Confederation, and, on the other hand, the European Community and its member states (AFMP) or the Convention of January 4, 1960, establishing the European Free Trade Association (EFTA Convention).

The competent authority may revoke a permit, except for the permanent residence permit, or another decision based on this law, in the following cases: a. the foreign national or their legal representative has made false statements or concealed essential facts during the permit procedure; b. the foreign national has been sentenced to a long-term custodial sentence or has been subjected to a penal measure provided for in Articles 59 to 61 or 64 of the Swiss Penal Code; c. the foreign national seriously or repeatedly endangers public security and order in Switzerland or abroad, poses a threat to internal or external security of Switzerland; d. the foreign national does not comply with the conditions on which the decision is based; e. the foreign national themselves or a person for whom they are responsible depends on social assistance; f. the foreign national has attempted to obtain Swiss nationality abusively or it has been withdrawn following a final decision in the context of an annulment of naturalization pursuant to Article 36 of the Swiss Nationality Act of June 20, 2014; g. without good cause, they do not comply with the integration agreement.

Any revocation based solely on offenses for which a criminal judge has already imposed a penalty or measure but refrained from ordering deportation is unlawful.

The permanent residence permit may only be revoked in the following cases: a. the conditions referred to in Art. 62, para. 1, let. a or b, are met; b. the foreign national poses a very serious threat to public security and order in Switzerland or abroad, endangers them, or poses a threat to the internal or external security of Switzerland; c. the foreign national or a person for whom they are responsible relies heavily and permanently on social assistance; d. the foreign national attempted to unlawfully acquire Swiss nationality or had it withdrawn following a final decision in the context of an annulment of naturalization as per Art. 36 of the Swiss Nationality Act of 20 June 2014. e. ...

The permanent residence permit may be revoked and replaced with a residence permit if the integration criteria defined in Art. 58a are not met.

A revocation based solely on offences for which a criminal court has already imposed a penalty or measure but has refrained from ordering expulsion is unlawful.

The competent authorities issue a regular removal decision against: a. a foreign national who does not have a permit despite being required to have one; b. a foreign national who does not meet or no longer meets the conditions for entry into Switzerland (Art. 5); c. a foreign national who is denied a permit or whose permit, though required, is revoked or not extended after an authorized stay.

A foreign national who is illegally residing in Switzerland and holds a valid residence permit issued by another State that is a party to one of the Schengen association agreements (Schengen State) is invited, without a formal decision, to immediately travel to that State. If the invitation is not heeded, a decision as per para. 1 is issued. If there are reasons of public security and order, internal or external security warranting immediate departure, a decision is made without prior invitation.

The decision referred to in para. 1, let. a and b, may be appealed within five working days following its notification. The appeal does not have a suspensive effect. The appeal authority shall decide on the restoration of the suspensive effect within ten days.

The competent cantonal authorities shall immediately appoint a trusted person to represent the interests of the unaccompanied minor foreign national during the removal procedure.

The Federal Council defines the role, competencies, and tasks of the trusted person appointed under para. 4.

When another state bound by one of the Dublin Association Agreements (para. 4) is responsible for conducting the asylum and removal procedures under the provisions of Regulation (EU) No. 604/2013 (Dublin State), the SEM issues a removal order against the foreign national residing illegally in Switzerland.

The removal order may be appealed within five working days of its notification. The appeal does not have suspensive effect. The foreign national may request the granting of suspensive effect during the appeal period. The Federal Administrative Court shall decide within five days following the filing of the request. If suspensive effect is not granted within this timeframe, the removal may be executed.

The canton of residence of the person concerned is responsible for the execution of the removal and, if necessary, for the payment and financing of social assistance or emergency aid.

Art. 64, para. 4, is applicable regarding unaccompanied minors.

The Dublin Association Agreements are mentioned in Annex 1, chap. 2.

When a person has entered Switzerland illegally, the removal decision is notified to them by means of a standard form.

A foreign national is removed from Switzerland without a formal decision in the following cases: a. They are taken back, pursuant to a readmission agreement, by Germany, Austria, Belgium, Spain, Estonia, France, Hungary, Italy, Latvia, Lithuania, Luxembourg, Norway, the Netherlands, Poland, Slovakia, Slovenia, or Sweden; b. Entry has been previously refused under Art. 14 of the Schengen Borders Code.

Upon immediate request by the person concerned, the decision is issued using a standard form (Art. 64b).

The removal order is accompanied by a reasonable departure period of seven to thirty days. A longer departure period is granted or the departure deadline is extended when particular circumstances, such as family situation, health issues, or the duration of stay, justify it.

The removal may be immediately enforceable, or a departure deadline of fewer than seven days may be set when: a. the person concerned poses a threat to public security and order or to internal or external security; b. concrete elements cause fear that the person concerned intends to evade the execution of the removal; c. an application for a permit has been rejected as manifestly unfounded or fraudulent; d. the person concerned is taken back, pursuant to a readmission agreement, by one of the States listed in Art. 64 c, para. 1, let. a; e. the person concerned has been refused entry pursuant to Art. 14 of the Schengen Borders Code (Art. 64 c, para. 1, let. b); f. the person concerned is removed under the Dublin Association Agreements (Art. 64 a).

Concrete elements that give rise to the fear that the person concerned intends to evade the execution of the removal include: a. this person violates the duty to cooperate as referred to in Art. 90; b. their behavior suggests that they refuse to comply with the authorities' instructions; c. this person crosses the border despite a ban on entry into Switzerland.

After notification of a removal decision, the competent authority may require the foreign national concerned to: a. report regularly to an authority; b. provide appropriate financial securities; c. surrender travel documents.

The competent authority shall ensure that, upon request, the expulsion order is translated in writing or orally into a language understood by the individual concerned or presumed to be understood by them.

An expulsion order communicated using a standard form in accordance with Art. 64b is not subject to translation. The individual concerned receives an information sheet containing explanations regarding the expulsion order.

If a foreign national is refused entry into Switzerland at border control at the airport, they are required to leave Swiss territory immediately.

The competent authority for border control issues a reasoned decision using the standard form found in Annex V, Part B, of the Schengen Borders Code, on behalf of the State Secretariat for Migration (SEM), within 48 hours. This decision may be appealed in writing to the SEM within 48 hours of its notification. The appeal does not have a suspensive effect. The SEM decides on the appeal within 48 hours.

The SEM's decision may be appealed within 48 hours of its notification. The appeal does not have a suspensive effect. The appellate authority issues a decision within 72 hours.

The person being returned may be permitted to remain for a maximum of fifteen days in the international transit area of the airports to prepare their departure if execution of the return or expulsion (Art. 69), detention pending return or expulsion, or detention for non-compliance (Art. 76 to 78) has not been ordered. Provisions relating to provisional admission (Art. 83) and the filing of an asylum application (Art. 22 of the Asylum Act) are reserved.

The SEM prohibits entry into Switzerland, subject to para. 5, to a foreign national subject to a removal decision when: a. the removal is immediately enforceable pursuant to Art. 64d, para. 2, let. a to c; b. the foreign national has not left Switzerland within the specified period; c. the foreign national has threatened public security and order in Switzerland or abroad or has endangered them, or d. the foreign national has been punished for committing acts as defined in Arts. 115, para. 1, 116, 117, or 118, or for attempting to commit such acts.

The SEM may prohibit entry into Switzerland to a foreign national when the latter: a. has incurred costs related to social assistance; b. has been placed in detention in preparation for removal or expulsion, or in detention for insubordination (Arts. 75 to 78).

The entry ban is imposed for a maximum duration of five years. It may be imposed for a longer duration when the person concerned poses a serious threat to public security and order.

The Federal Office of Police (fedpol) may prohibit entry into Switzerland to a foreign national to safeguard the internal and external security of Switzerland; it consults the Federal Intelligence Service (FIS) beforehand. Fedpol may impose an entry ban for a duration exceeding five years or, in severe cases, for an indefinite duration.

For humanitarian reasons or for other important reasons, the deciding authority may exceptionally refrain from imposing an entry ban or may temporarily or permanently suspend an entry ban. In this regard, it is necessary to consider the reasons that led to the entry ban, as well as the protection of public security and order or the maintenance of internal and external security of Switzerland, which must be balanced with the private interests of the individual concerned in the context of a lifting decision.

Fedpol can, after consulting with the SRC, expel a foreign national to maintain Switzerland's internal or external security.

The expulsion is accompanied by a reasonable deadline for departure.

It is accompanied by an entry ban for a limited or unlimited duration. The authority that made the decision may provisionally suspend this ban for major reasons.

When the foreign national seriously or repeatedly endangers public safety and order, poses a threat to them, or represents a threat to internal or external security, the expulsion is immediately enforceable.

The competent authority shall enter in the Schengen Information System (SIS) the data of third-country nationals who are subject to one of the following return decisions: a. a removal order issued in accordance with Art. 64; b. an expulsion order issued in accordance with Art. 68; c. an expulsion order issued in accordance with Arts. 66a or 66a bis SCC or 49a or 49a bis MStP, upon the issuance of the execution order; d. a removal order accompanied by an execution order in accordance with Arts. 44 and 45 Asylum Act.

The competent authority shall enter in the SIS the data of third-country nationals who are subject to an entry ban in the sense of Arts. 67 and 68, para. 3, or a criminal expulsion, provided that the conditions of Regulation (EU) 2018/1861 are met.

The SEM may provide the SIS with available biometric data in the automated fingerprint identification system provided for in Art. 354 SCC (AFIS) or in SYMIC. The delivery of data may be automated.

The authorities competent to report the decisions referred to in paras. 1 and 2 enter in SYMIC the personal data of the person to be reported. If a photograph and fingerprints are missing, they shall be entered or caused to be entered in AFIS by the competent authorities for delivery to the SIS.

When fedpol makes a report, it may deliver to the SIS the biometric data already available in AFIS. The delivery of data may be automated. If no biometric data is available, fedpol may instruct the authorities responsible for detecting a match to a report to proceed with the subsequent entry of such data.

The Federal Council shall define the procedure and competencies regarding the entry and transmission of the data referred to in paras. 1 to 5 for reports in the SIS. It may provide for exceptions to the entry and transmission of biometric data.

The exchange of additional information between Schengen States concerning a notification made under Art. 68a, paragraphs 1 and 2, is conducted via the contact, coordination, and consultation authority for the exchange of information related to alerts listed in the SIS (SIRENE bureau). As soon as the Federal Office of Customs and Border Security and the cantonal police responsible for monitoring the external Schengen borders or within the Swiss territory ascertain that a third-country national who has been notified for return by another Schengen State has not complied with their return obligation, they inform the SIRENE bureau. If consultation with the competent authorities of other Schengen States is necessary in connection with an alert in the SIS, it is carried out through the SIRENE bureau.

When a national of a third country reported for return in the SIS by another Schengen State leaves the Schengen area, the competent border control authority issues a confirmation of return to the SIRENE bureau. The latter forwards the confirmation to the Schengen State that reported the national, with the intent of deleting the report regarding the return from the SIS.

The SIRENE bureau transmits the confirmation of return issued by other Schengen States to the Swiss authority that initiated the report, for the purpose of deleting the report.

Alerts pursuant to Art. 68a, para. 1, shall be deleted by the authority responsible for their issuance as soon as one of the following conditions is met: a. the person subject to the alert has left the Schengen area from another Schengen State; b. the decisions have been revoked or annulled; c. the person concerned has obtained nationality of an EU or EFTA member state.

Alerts for the purpose of return entered in the SIS in accordance with Art. 68a, para. 1, shall be deleted by the authority responsible for border control as soon as the person subject to the alert leaves the Schengen area from Switzerland.

Alerts for the purpose of non-admission and prohibition of stay pursuant to Art. 68a, para. 2, shall be deleted by the authority responsible for their issuance as soon as one of the following conditions is met: a. the duration of the entry ban or criminal expulsion has expired; b. the decisions have been revoked or annulled; c. the person concerned has obtained nationality of an EU or EFTA member state.

When an alert concerning return mentioned in para. 1, letter a, or para. 2 is deleted, any related alert for non-admission and prohibition of stay is immediately activated in the SIS.

SIS data and the related additional information cannot be disclosed to third countries, international organizations, private entities, or natural persons.

The SEM may transmit these data and information to a third country when it is necessary to identify, in the context of return, a national of a third country residing illegally in Switzerland, or to establish a travel document or an identification document, provided that the state which issued the alert has given its consent and the conditions set forth by Art. 15 of Regulation (EU) 2018/1860 are fulfilled.

The competent cantonal authority executes the deportation or expulsion of a foreign national in the following cases: a. the period allowed for departure has expired; b. the foreign national can be deported or expelled immediately; c. the foreign national is in detention pursuant to Art. 76 or 77 and the decision of deportation or expulsion under this Act or the decision of expulsion under Art. 66a or 66a bis SCC or 49a or 49a bis MCC has come into force.

If the foreign national has the possibility to legally travel to multiple states, the competent authority may deport or expel them to a country of their choice.

The competent authority may postpone the execution of the deportation or expulsion for a suitable period when particular circumstances, such as the health issues of the concerned person or the absence of means of transport, justify it. It provides a written confirmation of the postponement of the deportation or expulsion to the concerned person.

Before deporting or expelling an unaccompanied minor foreign national, the competent authority ensures that they will be handed over to a family member, a guardian, or a reception facility capable of guaranteeing their protection in the concerned state.

During a removal or expulsion procedure, the competent cantonal authority may subject the foreign national to a search and seize the belongings they carry, in order to secure their travel or identity documents. The search must be conducted by a person of the same sex.

When a decision of removal or expulsion has been rendered at first instance, the judicial authority may order the search of a dwelling or other premises if it suspects that the foreign national is hiding there or that travel and identity documents necessary for the procedure and execution of the removal are concealed there.

The Federal Department of Justice and Police (FDJP) assists the cantons, which are responsible for enforcing deportation, expulsion under this Act, or expulsion under Art. 66a or 66abis of the Swiss Criminal Code (SCC) or Art. 49a or 49abis of the Military Criminal Code (MCC), notably by: a. assisting in obtaining travel documents; b. organizing the return journey; c. coordinating between the concerned cantons and with the Federal Department of Foreign Affairs (FDFA).

The FDJP may collaborate with the competent European Union agency regarding the supervision of the external Schengen borders in carrying out its tasks as set forth in para. 1, particularly lit. a and b.

The SEM and the cantons participate in international interventions in return matters pursuant to Regulation (EU) 2019/1896 and provide the necessary personnel. The Confederation pays the cantons compensation for these commitments. The Federal Council determines the amount of compensation and the arrangements for indemnification.

The FDJP may conclude arrangements with the competent European Union agency responsible for the surveillance of the Schengen external borders regarding the deployment of SEM and cantonal personnel for international return interventions as well as the engagement of third parties for the supervision of these interventions.

The FDJP and the cantons enter into an agreement on the modalities of these commitments.

The Federal Council regulates the procedure and the allocation of responsibilities concerning the monitoring of removal or expulsion and international interventions on return.

It may delegate tasks related to the monitoring of the execution of removal or expulsion and international interventions on return to third parties.

Competent healthcare professionals shall transmit the necessary medical data to the following authorities, upon request, for the assessment of the transport fitness of individuals subject to a legally enforceable removal or expulsion decision, provided that the concerned authorities require this information to fulfill their legal duties: a. the competent cantonal authorities responsible for executing removals or expulsions; b. the employees of the State Secretariat for Migration (SEM) tasked with the centralized organization and coordination of the execution of removals and expulsions under compulsion; c. the healthcare professionals appointed by the SEM to ensure medical supervision at the time of departure for the purpose of executing a removal or an expulsion.

The Federal Council shall regulate the procedures for the retention and deletion of these data.

The competent authorities of the Confederation or the cantons may detain persons without a short-term residence, residency, or permanent residence permit in order to: a. notify them of a decision regarding their residency status; b. establish their identity and nationality, provided they are required to cooperate for this purpose; c. ensure their transfer to the competent authorities of a neighboring state under a readmission agreement.

Detention under para. 1 lasts as long as necessary to ensure the cooperation of the concerned person or to allow for their questioning and, if applicable, transport or until their transfer to the competent authorities of a neighboring state; however, it may not exceed three days.

Any person subject to detention: a. must be informed of the reason for their detention; b. must have the opportunity to contact the persons responsible for their supervision if they need assistance.

If it is likely that the detention will exceed 24 hours, the concerned person must have the opportunity to settle or arrange for the settlement of urgent personal matters in advance.

Upon request, the competent judicial authority shall subsequently review the legality of the detention.

The duration of detention is not counted toward the duration of detention for the purpose of execution of deportation or expulsion, pre-removal detention, or detention due to non-compliance.

The competent cantonal authority may require a foreign national not to leave the territory assigned to them or not to enter a specified area in the following cases: a. the foreign national does not hold a short-stay permit, a residence permit, or permanent residence permit and disrupts or threatens public security and order; this measure is particularly aimed at combating illegal drug trafficking; b. the foreign national is subject to a removal or expulsion order that has come into force, and there are concrete indications that they may not leave Switzerland within the prescribed time limit, or they have not complied with the deadline set for them to leave the territory; c. the execution of the removal or expulsion has been postponed (Art. 69, para. 3).

The competent cantonal authority requires a foreign national who is accommodated in a specific center in accordance with Art. 24a of the Asylum Act to not leave the territory assigned to them or to not enter a specified area.

The authority to order these measures lies with the canton executing the removal or expulsion. Regarding individuals residing in a federal center, this authority is vested in the canton on whose territory the center is located. The prohibition from entering a specific area may also be issued by the canton in which the area is situated.

These measures may be appealed to a cantonal judicial authority. The appeal does not have a suspensive effect.

To ensure the enforcement of a removal or expulsion procedure or of criminal proceedings in which an expulsion under Article 66a or 66abis of the Swiss Criminal Code or Article 49a or 49abis of the Military Criminal Code is imminent, the competent cantonal authority may detain a person who does not hold a short-term residence, residence or permanent residence permit for a maximum of six months while the decision on their right to reside is being prepared, if the person: a. in the asylum procedure, the removal or expulsion procedure, or the criminal proceedings in which expulsion under Article 66a or 66abis of the Swiss Criminal Code or Article 49a or 49abis of the Military Criminal Code is imminent, refuses to disclose their identity, submits multiple asylum applications under different identities, repeatedly fails to comply with a summons without sufficient reason, or disregards other orders issued by the authorities in the asylum procedure; b. leaves an area assigned to them pursuant to Article 74 or enters an area prohibited to them; c. enters Swiss territory despite an entry ban and cannot be removed immediately; d. has been removed following a final revocation (Arts. 62 and 63) or non-renewal of a permit due to a violation of or threat to public safety and order or due to a threat to internal or external security, and submits an asylum application; e. submits an asylum application following expulsion (Art. 68); f. resides unlawfully in Switzerland, submits an asylum application and thereby obviously aims to avoid the imminent execution of a removal or expulsion; such a purpose is to be presumed if an earlier submission of the asylum application was possible and reasonable and if the application is submitted in close temporal connection with an arrest, criminal proceedings, the execution of a sentence or the issuance of a removal order; g. seriously threatens or significantly endangers the life and limb of persons and is therefore prosecuted or has been convicted; h. has been convicted of a felony; i. according to findings by fedpol or the NDB, endangers the internal or external security of Switzerland.

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The competent authority shall decide without delay on the right of the detained person to reside.

Following notification of a first-instance decision of removal or expulsion under this law or a first-instance decision of mandatory expulsion under Art. 66a or 66abis of the Criminal Code (CC) or Art. 49a or 49abis of the Military Criminal Code (MCC), the competent authority may, to ensure execution, take the following measures: a. continue to detain the person concerned if they are already held under Art. 75; b. detain the person concerned: 1. for the reasons cited in Art. 75, para. 1, let. a, b, c, f, g, h, or i, 2. ... 3. if concrete elements create fear that the person concerned intends to evade the removal or expulsion, particularly because they do not comply with their obligation to cooperate under Art. 90 of this law or Art. 8, para. 1, let. a, or Art. 47, para. 1, Asylum Act, 4. if their behavior suggests they refuse to comply with the authorities' instructions, 5. if the removal decision is notified in a Confederation center and the execution of the removal is imminent, 6. ...

Detention ordered in Dublin cases is governed by Art. 76a.

The duration of detention referred to in para. 1, let. b, ch. 5, cannot exceed 30 days.

The number of days of detention must be accounted for in the maximum duration of detention referred to in Art. 79.

The necessary steps for executing the removal, the expulsion under this law, or the expulsion under Art. 66a or 66abis CC or Art. 49a or 49abis MCC must be undertaken without delay.

To ensure the deportation to the responsible Dublin State, the competent authority may detain the foreign national based on an individual assessment when the following conditions are met: a. there are concrete reasons to fear that the foreign national intends to evade deportation; b. the detention is proportionate; c. no other less coercive measures can be effectively applied (Art. 28, para. 2, of Regulation [EU] No 604/2013).

The following concrete reasons suggest that the foreign national intends to evade the execution of deportation: a. within the asylum or deportation procedure, the foreign national does not comply with the instructions of the authorities, notably by refusing to disclose their identity, thereby violating the duty to cooperate as outlined in Art. 8, para. 1, let. a, Asylum Act, or repeatedly and without valid reasons fails to attend a summons; b. their behavior in Switzerland or abroad suggests they refuse to comply with the instructions of the authorities; c. they file multiple asylum applications under different identities; d. they leave the designated region or enter a prohibited area under Art. 74; e. they cross the border despite a ban on entering Switzerland and cannot be immediately deported; f. they reside illegally in Switzerland and submit an asylum application with the apparent intent of preventing the execution of a deportation; g. they seriously threaten other people or endanger their life or bodily integrity and face criminal prosecution or have been convicted for this reason; h. they have been convicted of a crime; i. they deny, in front of the competent authority, possessing or having possessed a residence permit or visa issued by a Dublin State or having submitted an asylum application there; j. according to information from fedpol or the SRC, they threaten Switzerland's internal or external security.

From the moment the detention is ordered, the foreign national may be placed or kept in detention for a maximum duration of: a. seven weeks while preparing the decision regarding the responsibility for processing the asylum application; these procedures include preparing the request for taking charge addressed to another Dublin State, the waiting period for the response to the request or its tacit acceptance, drafting the decision, and its notification; b. five weeks during the procedure stipulated in Art. 5 of Regulation (EC) No 1560/2003; c. six weeks to ensure the execution of deportation between the notification of the deportation or expulsion decision or after the uplifting of a potential suspensory effect of a legal recourse against a deportation or expulsion decision rendered in first instance and the transfer of the foreign national to the responsible Dublin State.

If a person refuses to board a vehicle for the purpose of executing transfer to the responsible Dublin State or hinders the transfer in any other way by their behavior, they may be detained to ensure the execution of the transfer, provided that the conditions for their detention under para. 3, let. c, are no longer met, and there is no other less coercive measure likely to achieve the intended aim. The detention may only last until a new transfer is possible but shall not exceed six weeks. With the judicial authority's agreement, it can be extended as long as the person concerned continues to refuse to change their behavior. The maximum duration of this detention is 3 months.

The number of detention days must be included in the maximum duration of detention referred to in Art. 79.

The competent cantonal authority may order the detention of a foreign national to ensure the execution of their removal or expulsion under the following conditions: a. an enforceable decision has been issued; b. they have not left Switzerland within the stipulated time frame; c. the authority has had to obtain the travel documents itself.

The duration of the detention may not exceed 60 days.

The necessary steps for the execution of the removal or expulsion must be undertaken without delay.

If the foreign national has not complied with the order to leave Switzerland within the prescribed time limit and the enforceable decision of deportation or expulsion within the meaning of this law, or the enforceable decision of expulsion within the meaning of Arts. 66a or 66a bis SCC or 49a or 49a bis MCSA cannot be executed due to their behavior, they may be placed in detention to ensure that they actually leave the country, provided that the conditions for detention pursuant to Art. 76 are not met and there is no other less coercive measure available to achieve the intended objective.

Detention may be ordered for a period of one month. With the consent of the cantonal judicial authority and as long as the foreign national is unwilling to change their behavior and leave the country, it can be extended for two months at a time. Art. 79 remains reserved.

Detention and its extension are ordered by the authority of the canton executing the removal or expulsion. If the foreign national is already in detention pursuant to Arts. 75, 76, or 77, they may be kept there, provided that the conditions referred to in paragraph 1 are fulfilled.

The first detention order must be reviewed within 96 hours by a judicial authority following an oral procedure. At the request of the detained foreign national, the extension of detention must be reviewed within eight working days by a judicial authority following an oral procedure. The scope of review is governed by Art. 80, paras. 2 and 4.

The conditions of detention are governed by Art. 81.

Detention is lifted in the following cases: a. voluntary departure from Switzerland within the prescribed time limits is not possible, although the foreign national has complied with the obligation to cooperate with the authorities; b. departure from Switzerland occurs within the prescribed time limits; c. detention for the purpose of removal or expulsion is ordered; d. a request for lifting the detention is submitted and approved.

Preparatory detention and detention pending deportation or expulsion, as referred to in Art. 75 to 77, as well as detention for defaulting, as referred to in Art. 78, may not exceed a total of six months.

The maximum duration of detention may be extended, with the approval of the cantonal judicial authority, by up to twelve months and, for minors aged 15 to 18 years, by up to six months in the following cases: a. the person concerned does not cooperate with the competent authority; b. there are delays in obtaining the necessary departure documents from a state that is not part of the Schengen States.

Detention is ordered by the authorities of the canton executing the removal or expulsion. For individuals staying in a federal center, the authority to order preparatory detention (Art. 75) lies with the canton in which the center is located.

In cases foreseen under Art. 76, para. 1, letter b, item 5, detention is ordered by the canton where the concerned center is located; if, according to the third sentence of Art. 46, para. 1 bis, Asylum Act, the designated canton for executing the removal is not the one where the center is located, that canton also has the authority to order detention.

The legality and appropriateness of the detention must be reviewed within 96 hours by a judicial authority following an oral procedure. If detention for the purpose of removal or expulsion as per Art. 77 has been ordered, the review procedure is carried out in writing.

In cases of detention under Art. 76, para. 1, letter b, item 5, the legality and appropriateness of detention are reviewed, upon request of the detained person, by a judicial authority through a written procedure. This review can be requested at any time.

The judicial authority may forgo the oral procedure if the removal or expulsion is likely to occur within eight days following the detention order and the concerned individual has provided written consent. If the removal or expulsion cannot be executed within this period, the oral procedure takes place no later than twelve days after the detention order.

When reviewing the decision on detention, its continuation, or lifting, the judicial authority considers the detainee’s family situation and the conditions of detention execution. Preparatory detention, detention for the execution of removal or expulsion, and detention for non-compliance are excluded for children and adolescents under fifteen years of age.

The detained foreign national may file a request for release one month after the legality of the detention has been reviewed. The judicial authority must rule within eight business days, following an oral procedure. A new request for release may be filed after one month if the person is detained under Art. 75, or two months if detained under Art. 76.

Detention is lifted in the following cases: a. the reason for detention no longer exists, or the execution of removal or expulsion proves impossible for legal or material reasons; b. the request for release is granted; c. the detained person must serve a penalty or custodial measure.

The competence to order detention within the meaning of Art. 76 lies with: a. for a person staying in a federal center: the canton designated as competent to execute the removal pursuant to Art. 46, para. 1 bis, 3rd sentence, Asylum Act (AsylA) or, in other cases, the canton in which the center is located; b. for a person who has been allocated to a canton or who is staying in a canton without having filed an asylum application (Art. 64a): that canton.

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The legality and appropriateness of the detention are reviewed, upon request by the detained person, by a judicial authority through a written procedure. This review can be requested at any time.

The person in detention may submit a request for the lifting of detention at any time. The judicial authority shall decide within eight working days at the end of a written procedure.

The detention of children and adolescents under the age of fifteen is excluded.

In the case of the detention of unaccompanied minor asylum seekers, the trusted person designated in accordance with Art. 64a, para. 3 bis, of this Act or Art. 17, para. 3, AsylA shall be informed in advance.

Detention shall be lifted in the following cases: a. the grounds for detention no longer exist or the execution of the removal or expulsion proves impossible for legal or material reasons; b. the request for the lifting of detention is granted; c. the detained person must serve a custodial sentence or measure.

When reviewing the decision to detain, maintain, or lift detention, the judicial authority shall take into account the family situation of the detained person and the conditions of detention.

The cantons shall ensure that a person designated by the detained foreign national and located in Switzerland is notified. The detained foreign national may communicate and correspond with their legal representative, family members, and consular authorities.

Detention takes place in a facility designated for the execution of preparatory detention, detention pending removal or expulsion, or detention for non-compliance. If this is exceptionally not possible, particularly for capacity reasons, foreigners must be detained separately from persons in pretrial detention or serving a sentence.

The form of detention must consider the needs of persons requiring protection, unaccompanied minors, and families accompanied by children.

Furthermore, the conditions of detention are governed as follows: a. for cases of returns to a third country: by Art. 16, para. 3, and Art. 17 of Directive 2008/115/EC; b. for cases related to a Dublin transfer: by Art. 28, para. 4, of Regulation (EU) No 604/2013; c. by Art. 37 of the Convention on the Rights of the Child of November 20, 1989.

The competent authority may restrict a detained foreign national's opportunities to have contact, directly or through intermediaries, with specific persons or groups: a. if, according to information from the police or prosecuting authorities of the Confederation and the cantons, the person in question poses a concrete threat to internal or external security, and b. if other measures have proven ineffective or do not exist.

The competent authority may order solitary confinement against a detained foreign national if the restriction provided in para. 5 has proven insufficient to effectively eliminate the threat to internal or external security.

The Confederation may fully or partially finance the construction and development of cantonal detention facilities of significant importance intended exclusively for the enforcement of pre-trial detention, detention pending deportation or expulsion, detention for insubordination, and detention. Sections 2 and 6 of the Federal Act of 5 October 1984 on Federal Contributions in the Field of the Execution of Sentences and Measures apply analogously to the calculation of contributions and procedure.

The Confederation participates by means of a daily flat-rate contribution to the cantons' operating costs for the enforcement of pre-trial detention, detention pending deportation or expulsion, detention for insubordination, and detention. The flat rate is allocated for: a. asylum seekers; b. refugees and foreign nationals whose detention is related to the revocation of a temporary admission measure; c. foreign nationals whose detention has been ordered in connection with a expulsion decision by the SEM; d. refugees who are expelled under Art. 65 Asylum Act (LAsi).

The Confederation may participate for a limited period, by means of a daily flat-rate contribution, in the operating costs associated with the detention of a person under Art. 73, para. 1, let. c. This financial participation presupposes: a. that the person concerned is detained in a cantonal departure center located in a border area; b. that, in this area, the number of illegal entries into Switzerland and person checks is exceptionally high; and c. that the cantonal departure center serves to temporarily accommodate foreign nationals apprehended in the relevant border area upon their illegal entry into Switzerland and deported without a formal decision in accordance with Art. 64c, para. 1, let. a.

The SEM decides to temporarily admit the foreign national if the execution of the removal is not possible, not lawful, or cannot be reasonably required.

Execution is not possible when the foreign national cannot leave Switzerland for their state of origin, the state from which they came, or a third state, nor be removed to any of these states.

Execution is not lawful when the removal of the foreign national to their state of origin, state of departure, or to a third state is in contradiction with Switzerland's obligations under international law.

The execution of the decision may not be reasonably required if the removal or expulsion of the foreign national to their country of origin or departure puts them in concrete danger, for example, in the event of war, civil war, widespread violence, or medical necessity.

The Federal Council designates the states of origin or departure or the regions of these states where return is reasonably required. If the removed foreign national comes from one of these states or a member state of the EU or EFTA, execution of the removal is, in principle, required.

The Federal Council conducts periodic reviews of decisions made in accordance with paragraph 5.

Temporary admission may be proposed by cantonal authorities.

The temporary admission referred to in paragraphs 2 and 4 is not ordered in the following cases: a. the foreign national has been sentenced to a long-term custodial sentence in Switzerland or abroad or has been subject to a criminal measure pursuant to Articles 59 to 61 or 64 of the Criminal Code (CC); b. the foreign national seriously or repeatedly endangers or threatens public safety and order in Switzerland or abroad or poses a threat to Switzerland’s internal or external security; c. the impossibility of executing the removal is due to the behavior of the foreign national.

A refugee to whom asylum is not granted under Articles 53 or 54 of the Asylum Act (AsylA) is admitted temporarily.

Temporary admission is not ordered or ceases upon the entry into force of a mandatory expulsion under Articles 66a or 66abis of the CC, 49a or 49abis of the Military Criminal Code (MCC), or an expulsion under Article 68 of the present Act.

Cantonal authorities may conclude an integration agreement with a foreign national temporarily admitted when there are specific integration needs according to the criteria defined in Article 58a.

The SEM periodically verifies whether the foreign national fulfills the conditions for provisional admission.

If this is no longer the case, it revokes the provisional admission and orders the execution of the removal.

If the reasons cited in Art. 83, para. 7, are met and a cantonal authority, fedpol, or the SRC requests it, the SEM may revoke the provisional admission granted under Art. 83, para. 2 and 4, and order the execution of the removal.

Provisional admission ends when the individual leaves Switzerland permanently, stays abroad for more than two months without authorization, or obtains a residence permit.

Applications for residence permits submitted by a foreign national provisionally admitted and residing in Switzerland for more than five years are thoroughly examined based on their level of integration, family situation, and the feasibility of returning to their country of origin.

The residence permit of the foreign national temporarily admitted (Art. 41, para. 2) is issued by the canton of residence; for control purposes, it is issued for a maximum of twelve months and its validity is extended subject to Art. 84.

Art. 27 of the Asylum Act applies mutatis mutandis to the distribution of foreigners admitted temporarily.

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A foreign national admitted temporarily may freely choose their place of residence within the territory of the canton where they reside or in the canton to which they have been assigned. Cantonal authorities may assign a place of residence or accommodation within the cantonal territory to a temporarily admitted foreign national who has not been recognized as a refugee and who receives social assistance.

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A person admitted provisionally may engage in gainful employment throughout Switzerland. In the case of salaried gainful employment, the usual local, professional, and sector-specific conditions of remuneration and employment must be respected (Art. 22). For refugees admitted provisionally, Art. 61 Asylum Act applies.

The beginning and end of salaried gainful employment, as well as changes in employment, must be reported in advance by the employer to the competent authority designated by the canton for the place of work. The report must include the following information: a. the identity and salary of the person engaging in gainful employment; b. the activity performed; c. the workplace.

The employer must attach to the report a certificate in which they confirm their knowledge of the usual conditions of remuneration and employment for the place, profession, and sector and their commitment to comply with them.

In the case of self-employment, the obligation to report lies with the concerned person. The report must particularly contain the information referred to in para. 2.

The authority referred to in para. 2 immediately forwards a copy of the report to the bodies responsible for monitoring compliance with the conditions of remuneration and employment.

The Federal Council designates the competent supervisory bodies.

It regulates the reporting procedure.

A provisionally admitted person who wishes to transfer their residence to another canton must submit a request to this effect to the SEM. The SEM consults the concerned canton.

They are authorized to change canton: a. to protect the unity of their family, or b. in case of a serious threat to their health or that of other persons.

They are also authorized to change canton to engage in indefinite employment or to pursue initial vocational training: a. if they do not receive social assistance benefits either for themselves or for family members, and b. if the employment has existed for at least 12 months or if the working hours or commute to work reasonably prevent them from staying in their canton of residence.

They are not authorized to change canton under paragraphs 2 and 3 if one of the reasons mentioned in Art. 83, para. 7, let. a or b is present.

The change of canton for a refugee admitted provisionally is governed by Art. 37, para. 2.

The spouse and unmarried children under 18 years of age of a person provisionally admitted may benefit from family reunification and the same status as the admitted person, no earlier than three years after the decision of provisional admission, under the following conditions: a. they live in a common household with the person; b. they have appropriate housing; c. the family is not dependent on social assistance; d. they are able to communicate in the national language spoken at the place of residence or are enrolled in a language support program for that language; e. the person initiating the family reunification application does not receive annual supplementary benefits within the meaning of the Swiss Federal Act on Supplementary Benefits (ELG) and would not be eligible for such benefits as a result of the family reunification.

The condition set out in para. 1, let. d, does not apply to unmarried children under 18 years of age. It is furthermore possible to waive this requirement if there are compelling reasons as defined in Art. 49a, para. 2 that justify it.

If the examination of the family reunification conditions defined in para. 1 reveals indications of an absolute ground for revocation as per Art. 105, no. 5, or 105a Swiss Civil Code (CC), the State Secretariat for Migration (SEM) informs the authority referred to in Art. 106 CC. The procedure is suspended until this authority makes a decision. If the authority initiates proceedings, the suspension is extended until a judgment is rendered and becomes final.

The cantons are responsible for determining and disbursing social assistance and emergency aid for persons provisionally admitted. Articles 80a to 84 of the Asylum Act (AsylA) concerning asylum seekers are applicable. Assistance provided to persons provisionally admitted should generally be provided in the form of benefits in kind. It is lower than that granted to persons residing in Switzerland.

The provisions governing the social assistance granted to refugees to whom Switzerland has granted asylum also apply: a. to refugees provisionally admitted; b. to refugees subject to mandatory expulsion pursuant to Articles 66a or 66abis of the Swiss Criminal Code, Articles 49a or 49abis of the Military Criminal Code, which have come into force, or to an expulsion under Article 68 of the present act that has come into force; c. to stateless persons as defined in Article 31, paragraphs 1 and 2, and d. to stateless persons subject to mandatory expulsion pursuant to Articles 66a or 66abis of the Swiss Criminal Code, Articles 49a or 49abis of the Military Criminal Code, which have come into force, or to an expulsion under Article 68 of the present act that has come into force.

Mandatory health insurance for persons provisionally admitted is governed by the provisions of the Asylum Act and the Federal Act of March 18, 1994, on Health Insurance applicable to asylum seekers.

The Confederation pays to the cantons: a. for each person admitted provisionally, a lump-sum compensation as per Articles 88, paragraphs 1 and 2, and 89 of the Asylum Act (AsylA); b. for each refugee admitted provisionally and for each stateless person referred to in Article 31, paragraph 2, a lump-sum compensation as per Articles 88, paragraph 3, and 89 of the AsylA; c. for each person whose provisional admission has been revoked by an enforceable decision, a lump-sum compensation as per Article 88, paragraph 4, of the AsylA, provided it has not been paid previously; d. for each stateless person as defined in Article 31, paragraph 1, and for each stateless person subject to a mandatory expulsion as per Articles 66a or 66abis of the Swiss Criminal Code (SCC), 49a or 49abis of the Military Penal Code (MPC) once the expulsion comes into effect, or an expulsion as per Article 68 of this Act once the expulsion is enforceable, a lump-sum compensation as per Articles 88, paragraph 3, and 89 of the AsylA.

The coverage of departure expenses and the payment of return assistance are governed by Articles 92 and 93 of the AsylA.

The lump-sum compensations referred to in paragraph 1, letters a and b, are paid for a maximum period of seven years from the entry into Switzerland.

The lump-sum compensations referred to in paragraph 1, letter d, are paid for a maximum period of five years from the recognition of statelessness.

A foreign national admitted on a provisional basis is subject to the special property tax as provided in Art. 86 of the Asylum Act (AsylA). The provisions of chapter 5, section 2, and 10 of the AsylA, as well as Art. 112a of the AsylA, are applicable.

Liability to the special tax ends ten years at most from the date of entry into Switzerland.

The provisions of this chapter concerning foreign spouses apply by analogy to registered partners.

During their stay in Switzerland, the foreign national must possess a valid and recognized identification document as per Art. 13, para. 1.

Foreign nationals and third parties involved in proceedings under the present law must cooperate in establishing the facts relevant to its application. They are particularly required to: a. provide accurate and complete information on matters relevant to the regulation of their stay; b. supply the necessary evidence without delay or make efforts to procure it within a reasonable time; c. obtain an identification document (Art. 89) or cooperate with the authorities to obtain one.

Before hiring a foreign national, the employer must ensure that the individual is authorized to engage in gainful employment in Switzerland by verifying their residence permit or by consulting the competent authorities.

Anyone requesting a cross-border service in Switzerland must ensure that the individual providing the service is authorized to carry out activities in Switzerland by verifying their residence permit or by consulting the competent authorities.

The airline is obliged to take all reasonably required measures to transport only those persons who possess the necessary travel documents, visas, and residence permits when entering the Schengen area or passing through the international transit zone of airports.

The Federal Council regulates the extent of the duty of diligence.

Upon request from the competent federal or cantonal authorities, the airline company must immediately take responsibility for those of its passengers who are denied entry into the Schengen area.

The responsibility includes: a. the immediate transport from Switzerland to the country of origin, to the country that issued the travel document, or to a country where entry is guaranteed; b. funding for any uncovered escort costs and current maintenance and assistance expenses until the moment of departure from Switzerland or entry into Switzerland.

If the airline company cannot prove that it fulfilled its duty of care, it must also cover: a. the uncovered maintenance and assistance costs incurred by federal or cantonal authorities, for a stay of up to six months, including the costs of any detention ordered under foreign nationals law; b. escort costs; c. repatriation or expulsion costs.

Paragraph 3 is not applicable when entry into Switzerland has been authorized in accordance with Art. 22 of the Asylum Act. The Federal Council may provide for other exceptions, particularly in cases of extraordinary situations, such as war or a natural disaster.

The Federal Council may set a lump sum based on probable costs.

Securities may be required.

Air transport companies shall collaborate with the competent federal and cantonal authorities. The terms of the collaboration are determined in the concession or in an agreement between the SEM and the company.

In addition to the terms of collaboration, the concession or agreement may, in particular, specify: a. the specific measures that the air transport company commits to implementing in order to fulfill the duty of diligence referred to in Art. 92; b. the introduction of lump sum payments in place of subsistence and assistance costs in accordance with Art. 93.

If specific measures as per para. 2, let. a, are stipulated, the concession or agreement may provide that the potential amount payable by the air transport company pursuant to Art. 122a, para. 1, may be subject to a reduction of up to half of said amount.

The Federal Council may subject other commercial transport companies to the provisions of Articles 92 to 94, 122a, and 122c if a part of the Swiss land border becomes an external border of the Schengen Area. In doing so, it adheres to the requirements set out in Article 26 of the Convention Implementing the Schengen Agreement of June 19, 1990 (CISA).

The airport operator is required to provide, within the perimeter of the airport and until deportation is executed or until entry into Swiss territory, adequate and economical accommodation for foreign nationals who, at the airport, have not been authorized to enter Switzerland or continue their journey.

The competent authorities shall take into account, in exercising their discretionary power, the public interest, the personal situation of the foreign national, as well as their integration.

When a measure would be justified, but is not appropriate, the competent authority may issue a simple warning to the person concerned by sending them a cautionary notice.

The authorities responsible for implementing this Act shall assist each other in carrying out their duties. They shall share the information they require and, upon request, grant the right to consult their files.

Other federal, cantonal, and communal authorities are obligated to provide the authorities referred to in para. 1, upon request, with the data and information necessary for the application of this Act.

The Federal Council shall determine the data to be communicated to the authorities under para. 1 in the following cases

a. initiation of criminal investigations;

b. civil or criminal court judgments;

c. changes in civil status and refusal to perform a marriage;

d. payment of social assistance benefits;

dbis. payment of unemployment benefits;

dter. payment of supplementary benefits as defined by the Supplementary Benefits Act (SBA);

dquater. implementation of disciplinary measures required by school authorities;

dquinquies. implementation of measures taken by child and adult protection authorities;

e. other decisions indicating the existence of particular integration needs according to the criteria defined in Art. 58a;

f. ...

When one of the authorities referred to in para. 1 receives, under Art. 26a SBA, data concerning the payment of a supplementary benefit, it shall spontaneously communicate the possible non-renewal or revocation of the residence permit to the body responsible for determining and paying the supplementary benefit.

The SEM is responsible for all tasks that are not expressly assigned to other federal authorities or to cantonal authorities.

The Federal Council regulates entry into Switzerland, exit from Switzerland, admission, and stay for persons enjoying privileges, immunities, and facilities referred to in Art. 2, para. 2, of the Host State Act of June 22, 2007.

The cantons designate the competent authorities for the tasks assigned to them.

The individuals responsible for enforcing this law may, if their mandate requires it and to the extent justified by the interests to be protected, use coercion and police measures. The Coercive Measures Act of 20 March 2008 is applicable.

In agreement with the SEM, the FDFA can authorize third parties to perform the following tasks within the visa procedure: a. appointment scheduling for the granting of a visa; b. receipt of documents (visa application form, passport, supporting documents); c. collection of fees; d. capturing of biometric data within the central visa information system; e. return of the passport to its holder at the end of the process.

The FDFA and the SEM ensure that data protection and security provisions are respected by the mandated third parties.

The Federal Council defines under what conditions third parties can be entrusted with the tasks mentioned in para. 1.

The SEM collaborates with fedpol in the context of its legal duties in the fight against terrorism.

It coordinates measures within its competencies with preventive police measures and administrative measures of fedpol.

The SEM and the cantonal authorities responsible for implementing this Act shall assess, within the scope of their tasks and competencies, whether a foreign national poses a threat to the internal or external security or to the international relations of Switzerland. In cases involving police reports, fedpol is informed. If necessary, other relevant cantonal authorities are also informed.

The Federal Council determines the cases in which short-term, residence, or establishment permits, as well as preliminary decisions by the cantonal labor market authorities, are subject to the approval of the SEM.

The SEM may refuse to approve a decision by a cantonal administrative authority or a cantonal appeals authority; it may also limit its validity period or attach conditions and obligations to it.

The Federal Council promotes bilateral and multilateral partnerships with other states in the field of migration. It may conclude agreements aimed at enhancing cooperation in the migratory field and combating illegal migration and its negative consequences.

The Federal Council may conclude agreements with foreign states or international organizations on: a. visas and border controls; b. the readmission and transit of individuals who are in an irregular situation in Switzerland; c. the transit of escorted individuals in the context of transit and readmission agreements, including the legal status of the escorting agents of the parties; d. the timeframe for granting the establishment permit; e. vocational training and continuing professional education; f. the recruitment of foreign workers; g. cross-border service provisions; h. the legal status of the persons mentioned in Art. 98, para. 2.

Within the framework of readmission and transit agreements, the Federal Council may, within its powers, grant or withdraw the benefit of services or advantages. It takes into account Switzerland’s international legal obligations as well as the totality of relations existing between Switzerland and the concerned state.

The competent departments may conclude arrangements with foreign authorities or international organizations on the technical application of the agreements referred to in para. 2.

Until the conclusion of a readmission agreement as per para. 2, let. b, the FDJP may, in agreement with the FDFA, conclude arrangements with the competent foreign authorities to address organizational issues relating to the return of foreign nationals to their country of origin, return assistance, and reintegration.

Document advisors may be engaged to provide services aimed at combating illegal immigration.

Document advisors particularly assist border control authorities, airline companies, and Swiss representations abroad in the verification of documents. They act solely in their capacity as advisors and do not exercise any public authority functions.

The Federal Council may enter into agreements with foreign states providing for the use of document advisors' services.

The Federal Council establishes an advisory commission composed of foreign nationals and Swiss citizens.

The commission addresses social, economic, cultural, political, demographic, and legal issues raised by the entry, stay, and return of foreigners in Switzerland, including those related to the asylum system.

It collaborates with the competent federal, cantonal, and communal authorities and with non-governmental organizations active in the field of migration, notably with commissions for foreign nationals active in integration at the cantonal and communal levels. It participates in the exchange of views and experiences at the international level.

It can be consulted on substantive matters related to the promotion of integration. It is authorized to request financial contributions from the SEM for the implementation of nationally significant integration projects.

The Federal Council may assign other tasks to the commission.

Insofar as the fulfillment of their legal mandate requires it, the SEM, the cantonal authorities responsible for matters related to foreigners, and, within the scope of its competencies, the Federal Administrative Court may process or have processed personal data related to foreigners and third parties involved in a procedure provided for by this Act, including sensitive data.

During the examination of entry conditions or in proceedings under the law on foreign nationals, the competent authority may collect and record, on a case-by-case basis, the biometric data of foreigners for identification purposes. The collection and recording may be systematic for certain categories of persons.

If there are indications suggesting that a purportedly minor foreign national has reached the age of majority, the competent authorities may order an expert appraisal to determine their age.

The Federal Council determines the categories of persons subject to systematic collection, as well as the biometric data to be collected pursuant to para. 1, and regulates access to these data.

The competent authority may record and retain the biometric data necessary for the issuance of residence permits.

The capture of biometric data may be partially or entirely delegated to third parties; the same applies to the transmission of the required data to the center responsible for producing the residence permit.

The competent authority may process biometric data already recorded in the SYMIC for issuing or renewing a residence permit.

The biometric data necessary for the issuance of a residence permit are subject to new capture every five years. The Federal Council may set shorter capture periods when a person's physiological development requires it.

The following authorities are authorized to read the data stored on the chip of the residence permit in order to verify the identity of the holder or the authenticity of the document: a. the Border Guard Corps; b. cantonal and municipal police authorities; c. cantonal and municipal migration authorities.

The Federal Council may authorize airline companies, airport operators, and other services responsible for verifying individuals' identity to read the fingerprints stored on the chip for this purpose.

The arrival of passengers at the airport can be monitored by technical recognition means. The authorities responsible for border control (Art. 7 and 9) use the collected data for the following purposes: a. to determine which airline transported the foreign national who does not meet the entry requirements and what was the place of embarkation; b. to conduct a comparison for every person entering Switzerland with the data recorded in search systems.

The competent authorities notify the Federal Intelligence Service (FIS) if, during the monitoring carried out under para. 1, they find that a foreign national poses a concrete threat to the internal and external security of Switzerland. They are authorized to transmit the relevant data.

The collected data shall be deleted within 30 days. The Federal Council may provide for a longer duration for data used in ongoing proceedings under criminal law, foreign nationals law, or asylum law.

The Confederation may grant the cantons on whose territory an international airport is located contributions to cover the monitoring costs referred to in para. 1.

The Federal Council determines the essential specifications for a facial recognition system, establishes the details of the monitoring procedure, and sets the terms of information transmission to the FIS.

The SEM manages an internal information system regarding entry bans imposed pursuant to Art. 65 (INAD system). The INAD system serves, on one hand, to implement sanctions in cases of breach of diligence duties as per Art. 122a, and on the other hand, to compile statistics. The INAD system contains the following data about individuals who have been refused entry into the Schengen area: a. the last name, first name, gender, date of birth, and nationality; b. data related to the flight; c. data related to the reason for the entry refusal; d. data related to proceedings for violation of diligence duties as per Art. 122a concerning the individual in question. Data entered into the system are anonymized after two years. When crossing the border, the data from the biometric passport or participant card can be compared with those in the computerized police search system (RIPOL system) or the SIS.

In accordance with Regulation (EU) 2017/2226, the Entry and Exit System (EES) contains the personal data of third-country nationals who enter the Schengen area for a stay not exceeding 90 days per 180-day period or who are refused entry into the Schengen area.

The following categories of data are communicated to the EES through the national interface: a. alphanumeric data pertaining to the concerned third-country national as well as data related to the granted visa, if required; b. facial image; c. dates of entry into and exit from the Schengen area, the border crossing point, and the authority responsible for border control; d. refused entries.

If the third-country national is not subject to a visa requirement, the competent authority captures that person's fingerprints and transmits them to the EES, in addition to the data referred to in para. 2.

The following authorities may record and process data online in the EES in accordance with Regulation (EU) 2017/2226: a. The Border Guard Corps and the cantonal police authorities responsible for controlling the external Schengen borders: to fulfill their duties within the framework of border control; b. The State Secretariat for Migration (SEM), Swiss representations abroad and missions, competent cantonal migration authorities for visas, and municipal authorities to which the cantons have delegated these competencies: to revoke, annul or extend a visa or authorized stay that does not exceed 90 days per 180-day period; c. The Border Guard Corps, cantonal and municipal police authorities, and cantonal and municipal migration authorities: to verify the legality of the stay in Switzerland and to create or update the EES file.

The following authorities may access the EES data online: a. The Border Guard Corps and the cantonal police authorities responsible for controlling the external Schengen borders: to conduct checks at external Schengen border crossing points and within Swiss territory; b. The SEM, Swiss representations abroad and missions, competent cantonal migration authorities for visas and the municipal authorities to which the cantons have delegated these competencies, the State Secretariat and the Political Directorate of the Federal Department of Foreign Affairs (FDFA) as well as the Border Guard Corps and the border posts of the cantonal police: within the framework of the visa issuance procedure conducted using the central Visa Information System (C-VIS) (art. 109a); c. The Border Guard Corps, cantonal and municipal police authorities conducting identity checks, the SEM and cantonal and municipal migration authorities: to examine the conditions of entry or stay in Switzerland and to identify foreign nationals who may have been recorded under another identity in the EES or who do not or no longer meet the conditions of entry or stay in Switzerland.

The authorities mentioned in paragraph 2 may access online the data provided by the automatic calculator provided for in art. 11 of Regulation (EU) 2017/2226.

The following authorities may request data from the EES from the central access point referred to in paragraph 6 to prevent and detect terrorist offenses or other serious criminal offenses, and to investigate them: a. fedpol; b. the Federal Intelligence Service (SRC); c. the Office of the Attorney General of Switzerland; d. cantonal police and prosecutorial authorities, as well as the police authorities of the cities of Zurich, Winterthur, Lausanne, Chiasso, and Lugano.

...

The fedpol operations center is the central access point within the meaning of art. 29, para. 3, of Regulation (EU) 2017/2226.

Data derived from the EES may not, in principle, be communicated to a third country, an international organization, a private entity, or a natural person.

However, the SEM may communicate data to a State that is not bound by one of the association agreements to Schengen or to an international organization listed in Annex I of Regulation (EU) 2017/2226, if such data is necessary to establish the identity of a third-country national for their return and if the conditions set out in Art. 41 of Regulation (EU) 2017/2226 are met.

Any EU member state for which Regulation (EU) 2017/2226 is not yet in force or for which this regulation is not applicable may submit requests for information to the authorities referenced in Art. 103c, para. 4.

The Federal Council: a. designates for each of the authorities referred to in Art. 103c, para. 1 and 2, the units responsible for the tasks mentioned; b. regulates the procedure for obtaining data from the EES by the authorities mentioned in Art. 103c, para. 4; c. establishes the catalog of data recorded in the EES and determines access rights of the authorities mentioned in Art. 103c, para. 1 and 2; d. regulates the retention and deletion of data; e. regulates the modalities governing data security; f. regulates collaboration with the cantons; g. regulates responsibility for data processing; h. establishes the catalog of criminal offenses within the meaning of Art. 103c, para. 4; i. regulates the procedure for information exchange within the meaning of Art. 103e; j. designates the authorities that have access to the list, created by the information mechanism, of persons who have exceeded the maximum authorized stay in the Schengen Area.

The authorities responsible for border control at airports may implement an automated control procedure.

Participation in automated control is open to persons aged 12 and over who, regardless of their nationality, possess a travel document equipped with an electronic chip. This chip contains the facial image of the holder, the authenticity and integrity of which can be verified.

The Federal Council regulates the modalities of automated border control.

During automated control, the fingerprints and facial image of the person may be compared with the data contained in the travel document equipped with an electronic chip.

To improve border control and combat illegal entry into the Schengen Area and illegal transit through the international transit zone of airports, the SEM may, at the request of the border control authorities, require an airline to provide it with data related to certain flights and personal data of passengers on those flights, or to provide such data to the border control authority.

The SEM may extend the obligation to provide data to other flights: a. at the request of fedpol: in order to combat international organized crime and terrorism; b. at the request of the FIS: to prevent threats to internal or external security posed by terrorism, espionage, and preparatory acts related to the illicit trafficking of weapons and radioactive substances as well as those related to the illegal transfer of technology.

These data must be transmitted immediately after take-off.

The decision ordering the obligation to provide data specifies: a. the airports or countries of departure; b. the categories of data listed in paragraph 3; c. the technical details related to the transmission of data.

The obligation to communicate applies to the following categories of data: a. the identity of passengers (last name, first name, gender, date of birth, nationality); b. the number, issuing state, type, and expiration date of the travel document used; c. the number, issuing state, type, and expiration date of the visa or residence permit used, where the airline has such data; d. the departure airport, transit airports, or the destination airport in Switzerland, as well as the flight itinerary reserved by the passenger, where known to the airline; e. the carrier code; f. the number of passengers on board the relevant flight; g. the scheduled date and times of departure and arrival.

Airlines inform the concerned passengers in accordance with Art. 19 of the Federal Act of September 25, 2020, on Data Protection (FADP).

Decisions ordering or lifting the obligation to provide data take the form of a decision of general applicability and are published in the Federal Gazette. Appeals against a decision of general applicability have no suspensive effect.

Airlines may only retain the data specified in paragraph 3 as a means of evidence. They must delete these data: a. as soon as it is ascertained that the SEM will not initiate proceedings for violation of the obligation to provide data, but at the latest two years after the date of the flight; b. on the day following the entry into force of the decision made pursuant to Art. 122 b.

The SEM operates a passenger information system (API system) with the following objectives: a. to enhance border control; b. to combat illegal entry into the Schengen area and illegal transit through the international transit zone of airports; c. to combat international organized crime, terrorism, espionage, and preparatory acts relating to the illicit trade in weapons and radioactive substances as well as those relating to the illegal transfer of technology.

The API system contains the data referred to in Art. 104, para. 3, as well as the results of comparisons provided for in para. 4.

The SEM may consult online the data from the API system referred to in Art. 104, para. 3, to verify whether airline companies comply with their obligation to communicate this data and to apply the sanctions provided for in Art. 122b.

Authorities authorized to carry out person checks at the external borders of the Schengen area can consult online the data referred to in Art. 104, para. 3, and the results of comparisons provided for in para. 4 to improve border control and combat illegal entry into the Schengen area and illegal transit through the international transit zone of airports.

When there are suspicions related to the preparation or commission of an offense within the meaning of Art. 104, para. 1 bis, let. a, concerning a person, fedpol can consult online the data referred to in Art. 104, para. 3.

Comparisons are automatically and systematically made between the data referred to in Art. 104, para. 3, let. a and b, and those of the RIPOL system, the SIS, the SYMIC, as well as the information system on stolen and lost documents of Interpol (ASF-SLTD).

The data provided for in Art. 104, para. 3, as well as the result of the comparisons referred to in para. 4 must not be retained after the arrival of the concerned flight unless they are used for the execution of a procedure under foreign nationals law, asylum law, or criminal law. They must be erased: a. as soon as it is determined that no such procedure will be opened, but no later than two years after the flight date; b. the day after the decision taken within the framework of such a procedure becomes final.

The data may be retained in anonymized form beyond the periods provided for in para. 5 if they serve statistical purposes.

The data outlined in Art. 104, para. 3, are automatically transmitted to the SRC in electronic form.

The SRC may process this data to fulfill the tasks specified in Art. 104a, para. 1, let. c.

In order for the border control authorities to perform border checks, combat illegal migration, and execute deportations, airline companies are required, upon request, to provide them with passenger lists.

The passenger lists must include the following details: a. the name, first name, address, date of birth, nationality, and passport number of the passengers; b. the departure, transit, and destination airports; c. the travel agency through which the flight was booked.

The obligation to provide passenger lists expires six months after the date of the flight.

The border control authorities must delete the data 72 hours after receipt.

In order to perform their duties, particularly to combat acts punishable under this Act, the SEM and the competent cantonal authorities may disclose personal data concerning foreign nationals to foreign authorities and international organizations charged with similar tasks, provided that the conditions of Art. 16 FADP are met. The following personal data may be disclosed: a. the identity of the foreign national and, if necessary, that of their relatives (name, first name, aliases, date and place of birth, gender, nationality, last known address in the country of origin or provenance); b. information related to the passport or other identification documents; c. biometric data; d. other data necessary to establish the identity of the foreign national; e. information on the health condition of the foreign national, provided it is in their interest and they have been notified; f. data necessary to ensure entry into the destination country and the safety of escorting officers; g. information on places of residence and travel routes taken; h. information on permits and visas granted.

The authority responsible for organizing the departure is authorized to communicate the following personal data to the competent authority of the State of origin or provenance for the purpose of executing the return or expulsion to that State only if this measure does not constitute a threat to the foreign national and their relatives

a. the identity of the foreign national and, if necessary, that of their relatives (name, first name, aliases, date and place of birth, gender, nationality, parents' names and first names, and the last known address in the State of origin or provenance);

b. information relating to the passport or other identity documents;

c. biometric data;

d. other data necessary to establish the identity of the foreign national;

e. information on the health condition of the foreign national, provided that it is in their interest and they have been informed of this;

f. the data necessary to ensure entry into the destination State and the safety of the escorting officers.

The SEM and the competent cantonal authorities may disclose necessary personal data to states that do not guarantee data protection equivalent to that of Switzerland, for the purpose of implementing the readmission and transit agreements referred to in Art. 100.

The following data may be communicated to the other contracting state for the readmission of one of its own nationals: a. the identity of the foreign national and, if necessary, of their relatives (name, first name, pseudonyms, date and place of birth, gender, nationality, last known address in the state of origin or departure); b. information related to passports or other identification documents; c. biometric data; d. other data necessary to establish the identity of the foreign national; e. information on the health status of the foreign national, provided it is in their interest; f. data necessary to ensure entry into the destination state and the safety of escort agents; g. information on criminal proceedings insofar as, in the specific case, the readmission procedure and the maintenance of public security and order in the state of origin require it and that it poses no danger to the person concerned; Art. 2 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters applies by analogy.

The following data may be disclosed to the other contracting state for the transit of third-country nationals: a. the data referred to in para. 2; b. information on places of stay and routes taken; c. information on permits and visas granted.

The readmission or transit agreement must specify the purpose of the data usage, any necessary security measures, and the competent authorities.

The C-VIS contains the visa-related data collected by all the States in which Regulation (EC) No 767/2008 is applicable. The following authorities have online access to C-VIS data: a. the SEM, Swiss representations abroad and missions, cantonal migration authorities competent in visa matters, and communal authorities to which the cantons have delegated these competencies, the State Secretariat and the Political Directorate of the FDFA as well as the Border Guard Corps and the border posts of cantonal police: in the context of the visa issuance procedure; b. the SEM: in order to determine the State responsible for examining an asylum application pursuant to Regulation (EU) No 604/2013 and in the context of examining an asylum application when Switzerland is competent to process the application; c. the Border Guard Corps and the cantonal police authorities responsible for control at the Schengen external borders: to conduct checks at points of entry at the external borders and within Swiss territory; d. the Border Guard Corps and the cantonal and communal police authorities conducting identity checks: to identify any person who does not or no longer meets the conditions for entry or stay in Swiss territory.

The following authorities may, under Decision 2008/633/JHA, request data from the C-VIS at the central access point referred to in para. 5 for the purpose of preventing and detecting terrorist offenses or other serious criminal offenses, and conducting investigations in this regard: a. fedpol; b. the SRC; c. the Office of the Attorney General of Switzerland; d. the cantonal police and prosecution authorities, as well as the police authorities of the cities of Zurich, Winterthur, Lausanne, Chiasso, and Lugano.

...

The fedpol operations center is the central access point within the meaning of Art. 3, para. 3, of Decision 2008/633/JHA.

The State Secretariat for Migration (SEM) operates the national visa information system. This system is used to record applications and to issue visas granted by Switzerland. It includes, in particular, the data that will be transmitted through the national interface (N-VIS) to the C-VIS.

The national visa information system contains the following categories of data: a. alphanumeric data about the applicant and the visas requested, issued, refused, canceled, revoked, or extended; b. photographs and fingerprints of the applicant; c. links between certain visa applications; d. data concerning the visa applicant sourced from the RIPOL and ASF-SLTD systems, which the competent visa authorities have access to; e. data concerning the visa applicant sourced from the SIS, which the competent visa authorities have access to, provided a report has been introduced into the SIS in accordance with Regulation (EU) 2018/1861 or Regulation (EU) 2018/1860.

Furthermore, the national visa information system includes a subsystem where visa applicant files are recorded in electronic form.

The SEM, Swiss representations abroad, missions, cantonal migration authorities competent in visa matters, and communal authorities to which the cantons have delegated these competencies, the State Secretariat and the Political Directorate of the Federal Department of Foreign Affairs (FDFA), as well as the Border Guard Corps and cantonal police border posts that issue exceptional visas, can enter, modify, and delete data to perform the necessary tasks within the framework of the visa issuance procedure. Authorities are required to enter and process applicant data intended for the C-VIS in accordance with Regulation (EC) No 767/2008.

The SEM may authorize the following bodies to access data from the national visa information system online: a. the Border Guard Corps and the border control posts of the cantonal police forces: for identity checks and the issuance of exceptional visas; b. Swiss diplomatic missions abroad and consular posts: for reviewing visa applications; c. the State Secretariat and the Political Directorate of the FDFA: for reviewing visa applications under their jurisdiction; d. the Central Compensation Office: for reviewing benefit applications as well as assigning and verifying AHV insurance numbers; e. cantonal and communal migration authorities as well as cantonal and communal police authorities: for performing the tasks assigned to them in the field of foreign national affairs; f. federal authorities competent in matters of internal security, international mutual legal assistance, and police: 1. for the identification of persons within the scope of police information exchange, security police investigations, judicial police inquiries, extradition procedures, mutual legal assistance and administrative assistance, prosecution and punishment of offenses by delegation, combating money laundering, drug trafficking, and organized crime, verification of identification documents, searches for missing persons, as well as control of entries in the computerized police search systems as per the Federal Act of 13 June 2008 on the Confederation’s Police Information Systems, 2. for examining removal measures aimed at ensuring the internal and external security of Switzerland in accordance with the Federal Act of 21 March 1997 instituting measures to maintain internal security; g. competent federal appeal bodies: for the examination of appeals submitted to them; h. civil status offices and their supervisory authorities: for the identification of persons in connection with civil status events, the celebration of marriage or registration of a partnership, and combating the circumvention of foreign nationals law referred to in Art. 97a, para. 1, of the Civil Code and Art. 6, para. 2, of the Partnership Act of 18 June 2004.

Any EU member state for which Regulation (EC) No. 767/2008 is not yet in effect may address requests for information to the authorities referred to in Art. 109a, para. 3.

The Federal Council: a. designates, for each of the authorities referred to in Art. 109a, para. 2 and 3, and 109b, para. 3, the units responsible for the tasks mentioned; b. regulates the procedure for obtaining data from the C-VIS by the authorities mentioned in Art. 109a, para. 3; c. specifies the data from the C-VIS and the national visa information system to which the authorities have access; d. establishes the catalog of data entered into the national visa information system and determines the access rights of the authorities mentioned in Art. 109c; e. regulates the procedure for exchanging information as per Art. 109d; f. regulates the retention of data and the procedure for its deletion; g. regulates the modalities governing data security; h. regulates cooperation with the cantons; i. regulates responsibility for data processing; j. establishes the catalog of criminal offenses as per Art. 109a, para. 3.

The SEM operates an information system intended for the fulfillment of tasks related to the enforcement of removal, expulsion as per this law, or expulsion in the sense of Articles 66a or 66a bis of the Swiss Criminal Code or 49a or 49a bis of the Swiss Military Criminal Code, and voluntary departure, including assistance and advice on return (eReturn system).

The information system serves: a. to process personal data, including sensitive data, relating to foreign nationals in the context of the enforcement of removal, expulsion or penal expulsion, voluntary departure, or in the context of advice and aid on return; b. to manage and control the various phases of removal, expulsion, or penal expulsion, the tasks related to return, including assistance and advice on return, as well as the financial benefits linked to return; c. to compile statistics. d. to transmit statistics and personal data as defined in Art. 105 para. 2, to the competent European Union agency responsible for surveillance of the external Schengen borders in accordance with Regulation (EU) 2019/1896.

The information system contains data relating to foreign nationals: a. whose removal, expulsion, or criminal expulsion is to be executed; b. who voluntarily leave Switzerland; c. who have sought advice for return or received return assistance.

It contains the following categories of data: a. the foreign national’s name, first name, date of birth, and address (basic data), their gender, place of birth, nationality, ethnicity, religion, native language, marital status, and the names of their parents; b. biometric data; c. the part of the electronic file dedicated to return pursuant to Art. 4, para. 1, let. d, of the Federal Act of 20 June 2003 on the coordination of the information systems on foreign nationals and asylum; d. the type of removal or voluntary departure, the travel document used, and the financial benefits to be paid upon departure; e. data related to return advice and the granting of return assistance; f. data concerning efforts to obtain travel documents; g. data necessary for the management and control of different phases of leaving Switzerland; h. medical data necessary for assessing a person’s fitness for transport; i. the results of searches conducted in the RIPOL and the SIS; j. data relating to the place, duration, and nature of detention; k. the person's behavioral characteristics and any coercive measures that can be applied or have been applied during the flight; l. data related to the flight tickets and itineraries; m. data on the individuals responsible for the medical, social, or police escort of the foreign national; n. data intended for the preparation of cost statements and financial flows within the framework of return.

The personal data listed in para. 2, let. a to c and j, are automatically imported from SYMIC. If these data are modified in the information system, the updated data are automatically recorded in SYMIC.

SEM informs the persons whose data are recorded in the system about the purpose of data processing, the categories of data processed, and the recipients of these data.

Access to the information system is granted, within the limits of the data mentioned in parentheses and as far as necessary for the fulfillment of their tasks, to

a. Employees of the SEM

1. to obtain travel documents for return, to organize departures, and to grant return assistance (data referred to in Art. 109g, para. 2),

2. to proceed with cost accounting (basic data of Art. 109g, para. 2, let. a, and data referred to in Art. 109g, para. 2, let. c to h and j to n);

b. Cantonal authorities responsible for the execution of returns, to report cases requiring SEM assistance within the meaning of Art. 71 (data referred to in Art. 109g, para. 2);

c. Cantonal authorities competent in matters of return assistance (data referred to in Art. 109g, para. 2, let. a to h and k to n);

d. Cantonal authorities competent in matters of cost accounting (basic data of Art. 109g, para. 2, let. a, and data referred to in Art. 109g, para. 2, let. c to g, j and l to n);

e. Cantonal police authorities, for tasks of accompanying persons to be deported or expelled (basic data of Art. 109g, para. 2, let. a, and data referred to in Art. 109g, para. 2, let. b, d, g and i to n);

f. Cantonal airport police authorities and the Border Guard Corps, for tasks related to departure control (basic data of Art. 109g, para. 2, let. a, and data referred to in Art. 109g, para. 2, let. b, d, g and i to n);

g. Third parties mandated under the meaning of Art. 109i.

The SEM and the cantonal authorities responsible for the enforcement of returns may delegate certain tasks to offices responsible for return counseling (Art. 93, para. 1, let. a, Asylum Act) and to international organizations (Art. 93, para. 3, Asylum Act) within the framework of return assistance. They may also delegate tasks to other third parties in the context of organizing the return journey as referred to in Art. 71, let. b, of this Act.

The SEM may authorize the mandated third parties to access the information system data necessary for the fulfillment of their mandate: a. for tasks related to return counseling and assistance; b. for preparations for departure at the airport; c. for assessing transport fitness and determining medical accompaniment.

The SEM ensures that third parties comply with applicable data protection and information security regulations.

The Federal Council determines the categories of personal data that the mandated third parties referred to in para. 1 are authorized to process in the information system.

The SEM is responsible for the security of the information system and the legality of processing personal data.

The Federal Council regulates

a. the organization and operation of the system;

b. the catalogue of system data and the extent of access rights of the authorities mentioned in Art. 109h;

c. the organizational and technical protection measures preventing any unauthorized processing of personal data;

d. the retention period and destruction of data.

The SEM operates, in collaboration with the Federal Administrative Court and the competent cantonal authorities, an automated system for managing personal files and documentation.

The communication of personal data to the competent authorities of the States bound by one of the association agreements to Schengen is considered equivalent to communication between federal bodies.

The SEM communicates personal data within the meaning of Art. 105, para. 2, to the competent European Union agency responsible for the surveillance of the Schengen external borders if it is necessary for the fulfillment of the tasks referred to in Art. 87, para. 1, let. b, of Regulation (EU) 2019/1896. This communication is considered equivalent to the communication of personal data between federal bodies.

The SEM is the central authority consulted for visa applications, in accordance with the Schengen Association Agreements.

In this capacity, it may in particular automatically communicate and receive data concerning: a. the diplomatic or consular representation where the visa application was submitted; b. the identity of the concerned person (last name, first name, date and place of birth, nationality, domicile, profession, and employer) and, if necessary, their relatives; c. identification documents; d. places of stay and travel itineraries.

Swiss representations abroad may exchange with their counterparts from states bound by one of the Schengen Association Agreements the data necessary for fulfilling tasks related to local consular cooperation, particularly information on the use of false or forged documents and illegal immigration channels, as well as the categories of data mentioned in para. 2.

The Federal Council may adapt the categories of personal data mentioned in para. 2 in response to the development of the Schengen acquis. It consults the Federal Data Protection and Information Commissioner (FDPIC).

The authorities responsible for border control and transportation companies may exchange the personal data necessary for the execution of the duty of care referred to in Art. 92 and for the handling of passengers as per Art. 93.

To this end, they may particularly communicate and receive the personal data specified in Art. 111b, para. 2, letters b to d.

Articles 111a, 111d, and 111f apply by analogy.

No personal data may be communicated to a third state if that state does not ensure an adequate level of data protection within the meaning of Art. 16, para. 1, FADP.

Personal data may be communicated to a third state despite the absence of an adequate level of protection in the following cases: a. the data subject has given their consent within the meaning of Art. 6, para. 6 and, if applicable, para. 7, FADP; b. the communication is necessary to protect the life or physical integrity of the data subject and it is not possible to obtain the consent of the data subject within a reasonable time frame; c. the communication is indispensable for safeguarding a prevailing public interest or for the establishment, exercise, or defense of a legal claim before a court or other competent foreign authority.

Personal data may be communicated outside the cases referred to in para. 2 if sufficient guarantees ensure, in specific cases, adequate protection of the data subject.

The Federal Council determines the extent of the guarantees to be provided and the procedures by which they must be furnished.

Data from the Eurodac database may not be transmitted under any circumstances: a. to a state that is not bound by one of the Dublin association agreements; b. to international organizations; c. to private entities.

The right of access is governed by federal or cantonal data protection provisions. ...

Cantonal data protection authorities and the Federal Data Protection and Information Commissioner (FDPIC) cooperate within the scope of their respective responsibilities.

The FDPIC supervises the processing of personal data within the framework of Schengen cooperation. He coordinates monitoring activities with cantonal data protection authorities.

In carrying out his tasks, he cooperates with the European Data Protection Supervisor, for whom he holds the title of national supervisory authority.

Border posts and cantonal and municipal police authorities shall immediately collect the fingerprints of all fingers from foreign nationals over the age of 14: a. who enter Switzerland illegally from a state that is not bound by one of the Dublin Association Agreements, and b. who are not expelled or held in custody for the purpose of deportation during the entire period between their apprehension and their deportation.

Furthermore, the following data shall be collected: a. the place and date where the person was apprehended; b. the gender of the apprehended person; c. the date on which the fingerprints were collected; d. the reference number assigned by Switzerland to the fingerprints; e. the date on which the data was transmitted to the central unit; f. the identification code of the operator.

Data captured according to paras. 1 and 2 must be transmitted to the central unit within 72 hours after the person's interception. If the person is detained for more than 72 hours, the data must be delivered before their release.

If fingerprinting is impossible due to the condition of the individual's fingers, they must be sent to the central unit within 48 hours after quality collection becomes possible again. If collection is impossible due to the person's health condition or public health measures, the fingerprints must be transmitted to the central unit within 48 hours after the reason for the impediment has disappeared.

If serious technical problems prevent data transmission, an additional period of 48 hours is granted to implement the measures necessary to ensure the system's operation.

Border posts, cantonal and municipal police authorities, and those competent in foreign nationals' matters may collect fingerprints from all fingers of foreign nationals over the age of 14 residing illegally in Switzerland to check if they have already applied for asylum in another state bound by one of the Dublin Association Agreements.

Data collected in accordance with paras. 1, 2, and 6 is communicated to the State Secretariat for Migration (SEM) for transmission to the central unit.

Data transmitted in accordance with paras. 1 and 2 are recorded by the central unit in the Eurodac database and automatically destroyed 18 months after the fingerprint collection. The SEM requests the central unit for the early destruction of these data as soon as it becomes aware that the foreign national: a. has obtained a residence permit in Switzerland; b. has left the territory of states bound by one of the Dublin Association Agreements; c. has acquired the nationality of a state bound by one of the Dublin Association Agreements.

Arts. 102 b, 102 c, and 102 e of the Asylum Act (AsylA) apply to the procedures defined in paras. 1 to 8.

The procedure of the federal authorities is governed by the general provisions on federal procedure.

The provisions on the suspension of time limits do not apply to the procedures outlined in Art. 65 and Art. 76, para. 1, let. b, item 5.

Anyone who: a. contravenes the provisions on entry into Switzerland (Art. 5); b. remains in Switzerland illegally, particularly after the expiration of a stay not subject to authorization or an authorized stay; c. engages in gainful employment without authorization; d. enters or leaves Switzerland without passing through an authorized border post (Art. 7), shall be punished with a custodial sentence not exceeding one year or with a monetary penalty.

The same penalty applies if the foreign national, after having left Switzerland or the international transit zone of airports, enters or makes arrangements to enter the territory of another state, in violation of the entry provisions applicable in that state.

The penalty is a fine if the offender acts negligently.

When a deportation or expulsion procedure is pending, a criminal proceeding initiated solely on the basis of an offense under para. 1, let. a, b, or d is suspended until the final closure of the deportation or expulsion procedure. Where a deportation or expulsion procedure is envisaged, the criminal proceeding may be suspended.

If the imposition or execution of a penalty for an offense under para. 1, let. a, b, or d hinders the immediate execution of a deportation or expulsion that has come into force, the competent authority refrains from prosecuting the person concerned, bringing them before the court, or imposing a penalty.

Paras. 4 and 5 do not apply if the person concerned has re-entered Switzerland in violation of an entry ban, nor if, through their behavior, they have obstructed the execution of the deportation or expulsion.

Any person shall be liable to a custodial sentence not exceeding one year or to a monetary penalty if they: a. in Switzerland or abroad, facilitate the illegal entry, departure, or stay of a foreign national or participate in preparations for this purpose; abis. facilitate, from Switzerland, the illegal entry, transit, departure, or stay of a foreign national in a Schengen State or participate in preparations for this purpose; b. provide a foreign national with gainful employment in Switzerland without the required authorization; c. facilitate the entry of a foreign national into the national territory of another State or participate in preparations for this purpose after their departure from Switzerland or from the international transit zone of airports, in violation of the entry provisions applicable in that State.

...

The penalty shall be a custodial sentence not exceeding five years or a monetary penalty if: a. the offender acts for the purpose of securing unlawful gain for themselves or a third party; b. the offender acts within the framework of a group or association of persons formed with the aim of committing such acts on a continuous basis.

Anyone who, intentionally, employs a foreign national who is not authorized to engage in gainful activity in Switzerland or utilizes, in Switzerland, a cross-border service provided by a person who does not have the required authorization shall be punished with a custodial sentence of up to one year or a monetary penalty. In serious cases, the sentence shall be a custodial sentence of up to three years or a monetary penalty. ...

Anyone who, after being convicted under para. 1, again contravenes para. 1 within the following five years shall be punished with a custodial sentence of up to three years or a monetary penalty. ...

If the act is committed through negligence, the perpetrator shall be punished with a fine of up to 20,000 francs.

Anyone who intentionally violates the obligation to report job vacancies (Art. 21a, para. 3) or the obligation to conduct an interview or professional aptitude test (Art. 21a, para. 4) shall be fined up to 40,000 francs.

If the offender acts negligently, they shall be fined up to 20,000 francs.

Anyone who misleads the authorities responsible for the implementation of this Act by giving false information or concealing essential facts and thereby fraudulently obtains a permit for themselves or a third party, or avoids the revocation of a permit, shall be punished with a custodial sentence not exceeding three years or a monetary penalty.

Anyone who, in order to circumvent the regulations on the admission and residence of foreign nationals, enters into marriage with a foreign national, or anyone who acts as an intermediary for such a marriage, facilitates it, or makes it possible, shall be punished with a custodial sentence not exceeding three years or a monetary penalty.

The applicable penalty is a custodial sentence not exceeding five years or a monetary penalty if

a. the perpetrator acts to obtain or provide for a third party an unlawful gain;

b. the perpetrator acts as part of a group or association formed to commit such acts on a continuous basis.

Anyone who violates a residence assignment or a prohibition from entering a designated area (Art. 74) is liable to a custodial sentence of up to three years or a monetary penalty.

The judge may refrain from prosecuting the foreign national, bringing them to trial, or imposing a penalty if: a. the deportation or expulsion can be executed immediately; b. they have been placed in detention in preparation for deportation or expulsion.

Shall be liable to a fine anyone who, intentionally or negligently: a. violates the obligation to declare their arrival or departure (Art. 10 to 16); b. changes employment or switches from salaried lucrative activity to self-employed lucrative activity without possessing the required authorization (Art. 38); c. relocates their residence to another canton without possessing the required authorization (Art. 37); d. fails to comply with the conditions attached to the authorization (Art. 32, 33, and 35); e. does not cooperate in obtaining travel documents (Art. 90, para. 1, letter c); f. violates the notification obligation provided in Art. 85a, para. 2 and 3bis, or fails to comply with the conditions linked to the notification (Art. 85a, para. 2 to 3bis); g. opposes a control by a monitoring body as per Art. 85a, para. 4, or makes it impossible.

The Federal Council may provide for a fine of up to 5,000 francs for violations of the execution provisions of this Act.

Each competent authority ensures that the processing of personal data in the SEM information systems occurs in accordance with the intended purposes and only to the extent necessary to fulfill its duties.

Anyone who processes personal data is liable to a fine if they: a. process data from the national visa information system or the C-VIS for a purpose other than those specified in arts. 109a to 109d; b. process data from the EES for a purpose other than those specified in art. 103c.

The prosecution and adjudication of offenses stipulated in Arts. 115 to 120 and 120d fall under the jurisdiction of the cantons. When an offense has been committed in multiple cantons, the canton competent to conduct the prosecution is the first one that initiated proceedings.

...

Under instruction from the SEM, authorities and administrative services may confiscate false or forged travel or identity documents and seize authentic travel or identity documents with the intent to return them to the rightful owner if there are concrete indications suggesting misuse.

The confiscation or handing over of documents within the meaning of para. 1 is also possible if concrete indications suggest that the authentic travel or identity documents are intended for individuals residing illegally in Switzerland.

Identity documents within the meaning of para. 1 are considered identity papers and other documents providing information about the foreign national's identity.

If an employer repeatedly violates this Act, the competent authority may entirely or partially deny their applications for the admission of foreign workers, unless these workers have a right to the permit.

The competent authority may warn the offenders of these sanctions.

The public costs incurred by the livelihood of the foreign worker who has not been authorized to engage in gainful employment, possible accidents or illnesses, or their return trip, will be borne by the employer who hired or intended to hire them.

An air transport company that breaches the duty of care stipulated in Art. 92, para. 1, is liable to pay an amount of 4000 francs per passenger transported without the necessary travel documents, visa, or residence permit. In severe cases, the amount is 16,000 francs per passenger. In cases of minor severity, the authorities may choose not to initiate proceedings.

A violation of the duty of care is presumed when the company has transported a passenger who does not have the required travel documents, visa, or residence permit upon entry into the Schengen area or whilst passing through the international transit zone of airports, and this passenger is refused entry.

There is no breach of the duty of care in the following cases: a. the air transport company proves: 1. that the forgery or falsification of a travel document, visa, or residence permit was not evidently detectable, 2. that it was not evidently detectable that a travel document, visa, or residence permit did not belong to the transported person, 3. that the stamps affixed on a travel document did not readily allow for the establishment of the number of days of authorized stay or entries, 4. that it has taken all necessary organizational measures reasonably required to avoid transporting passengers without the required travel documents, visas, and residence permits upon entry into the Schengen area or when passing through the international transit zone of airports; b. the air transport company makes it credible that it was compelled to transport a person.

The Federal Council may provide exceptions to the payment of the amount stipulated in para. 1, particularly in cases of war or natural disaster.

An air transport company that violates its obligation to communicate is liable to pay an amount of 4,000 francs per flight. In serious cases, the amount is 12,000 francs per flight. In cases of minor severity, the authorities may refrain from initiating proceedings.

A violation of the obligation to communicate is presumed when the air transport company does not transmit the data specified in Art. 104, para. 3 on time, or when such data is incomplete or incorrect.

There is no violation of the obligation to communicate when the air transport company proves: a. that the transmission was not possible in the particular case due to technical reasons beyond its control, or b. that it has taken all organizational measures reasonably required to avoid violating its obligation to communicate.

Arts. 122a and 122b are applicable regardless of whether the breach of the duty of care or the obligation to communicate was committed in Switzerland or abroad.

Sanctions to be imposed due to violations referred to in Arts. 122a and 122b fall under the jurisdiction of the SEM.

The procedure is governed by the Federal Act of 20 December 1968 on Administrative Procedure. It must be initiated: a. in the case of a violation of the duty of care: at the latest within two years following the relevant entry refusal; b. in the case of a violation of the obligation to communicate: at the latest within two years following the date on which the data referred to in Art. 104, para. 1, should have been transmitted.

Fees may be charged for decisions made and official acts performed under this Act. Expenses incurred due to the procedures outlined in this Act may be billed additionally.

The Federal Council sets the amount of federal fees and limits the amount of cantonal fees.

No specific form is required to demand payment of claims based on this Act. The person concerned may request the competent authority to issue a decision.

The Federal Council monitors the implementation of the present law.

The cantons enact the implementing provisions.

Directive 2008/115/EC does not apply to the decision and execution of expulsion as per Arts. 66a or 66a bis of the Swiss Criminal Code (CC) or Arts. 49a or 49a bis of the Military Criminal Code (MCC).

The repeal and amendment of the current law are regulated in the annex.

Applications submitted before the entry into force of this Act are governed by the previous law.

The procedure is governed by the new law.

The deadlines provided for in Art. 47, para. 1, begin to run upon the entry into force of this Act, insofar as entry into Switzerland or the establishment of the family connection occurred prior to that date.

The penal provisions of this Act apply to offenses committed before its entry into force when they are more favorable to the perpetrator.

Art. 107 applies only to readmission and transit agreements concluded after March 1, 1999.

Upon the entry into force of the Federal Act of June 20, 2003, on the Common Information System for the Areas of Foreign Nationals and Asylum, Arts. 108 and 109 are repealed.

If there is a reason to conduct an interim or final account in accordance with Art. 87 of the Asylum Act in its version of June 26, 1998, before the entry into force of the amendment of December 16, 2005, to the Asylum Act, the interim or final account and the settlement of the account shall be carried out according to the previous law.

Concerning individuals admitted provisionally who were engaged in gainful employment before the entry into force of the amendment of December 16, 2005, to the Asylum Act and for whom no final account was carried out according to par. 1 before the entry into force of the amendment of December 16, 2005, to the Asylum Act, the Federal Council shall regulate the accounting procedure, the amount of the special tax and its duration, as well as the nature and duration of the seizure of the assets.

Procedures concerning Arts. 85 to 87 of the Asylum Act in its version of June 26, 1998, pending at the time of the entry into force of the amendment of December 16, 2005, to the Asylum Act shall be subject to the new law, subject to pars. 1 and 2 of this transitional provision.

Subject to pars. 5 to 7, individuals admitted provisionally before the entry into force of the amendment of December 16, 2005, to the Asylum Act and the present law shall be subject to the new law. Any provisional admission issued under Art. 44, par. 3, of the Asylum Act shall remain valid.

The Confederation shall pay the cantons a lump sum according to Arts. 88, pars. 1 and 2, and 89 of the Asylum Act for each person admitted provisionally before the entry into force of the amendment of December 16, 2005, to the Asylum Act for the duration of this measure, but for no more than seven years from the date of entry into Switzerland of the person concerned. For individuals who are admitted provisionally at the time of the entry into force of the amendment of December 16, 2005, to the Asylum Act, the Confederation shall pay the cantons an additional one-time contribution intended, in particular, to facilitate their professional integration. The Federal Council shall determine the amount.

Pending procedures under Art. 20, par. 1, let. b, of the Federal Act of March 26, 1931, on the Residence and Settlement of Foreign Nationals (RSF) in its version of December 19, 2003, at the time of the entry into force of the amendment of December 16, 2005, to the Asylum Act are subject to the applicable law until then.

The Confederation shall pay the cantons a one-time compensation of 15,000 francs for each individual whose provisional protection is lifted by an enforceable decision before the entry into force of the amendment of December 16, 2005, to the Asylum Act, provided that this person has not yet left Switzerland.

Until the entry into force of the national visa information system, Art. 109 c and 120 d shall read as follows: ...

Administrative criminal procedures for violations of the duty of diligence or the obligation to report that are pending at the time of the entry into force of the amendment of 20 June 2014 to this Act remain subject to the former law.

For asylum seekers whose asylum application cannot be processed in a federal center, the former law is applicable for a maximum of two years.

Pending procedures according to Art. 76, para. 1, let. b, no. 5, and Art. 76a, para. 3, are governed by Art. 80, para. 1, 3rd sentence, and para. 2bis, by Art. 80a, para. 1 and 2, of this Act as well as by Art. 108, para. 4, 109, para. 3, 110, para. 4, let. b, and 111, let. d, Asylum Act, in their former version.

The new law is applicable to applications submitted under Art. 50 before the entry into force of the amendment of 14 June 2024.

Upon the entry into force of the Schengen Association Agreements, the following articles of this Act are amended as follows:...

This law is subject to a referendum.

The Federal Council shall determine the date of entry into force. Date of entry into force: January 1, 2008 Articles 92 to 95 and 127: December 12, 2008

1 Pending procedures at the entry into force of the December 14, 2012 amendment of this law are governed by the new law, with the exception of paragraph 2.

2 Article 83, paragraphs 5 and 5 bis, of this law does not apply to pending procedures at the entry into force of the December 14, 2012 amendment of this law.

3 Airport operators are responsible for providing accommodation at the airport in the sense of Article 95a within two years from the entry into force of the December 14, 2012 amendment of this law.