Law on the Application of Federal Legislation on Foreign Nationals and their Integration (LALSI) (LALSI)

[3] **1** This Act governs the application of federal legislation regarding foreign nationals and their integration.

**2** It applies to all foreign nationals and third parties, as well as to employers who employ non-domiciled foreign nationals.

**3** Special provisions concerning coercive measures in matters of foreign nationals remain reserved.

[3] Art. amended by L 22.2.2021; in force since 30.4.2021 - BU 2021, 138.

The Council of State

a) ensures an adequate ratio between the Swiss resident population and the foreign resident population in the Canton, as well as an optimal balance in employment;

b) issues the implementing and organisational provisions necessary for the application of this law, as well as those complementary to federal regulations concerning foreign persons;

c) determines the procedures and criteria for decisions on applications for a residence or work permit;

d) promotes the integration of foreign persons and regulates their projects and their financing; [4]

e) issues, with the power to delegate to the Municipalities, the regulations mandated by federal law for data collection and management;

f) regulates the transmission of data between the cantonal and communal authorities;

g) determines the fees;

h) determines the cantonal authority competent to carry out personal and housing searches. [5]

[4] Subparagraph amended by Law of 22.2.2021; in force since 30.4.2021 - BU 2021, 138.

[5] Subparagraph introduced by Law of 10.3.2008; in force since 2.5.2008 - BU 2008, 222.

1 Municipal authorities collaborate with cantonal authorities for the application of regulations concerning foreign nationals and their integration. [6]

2 They report irregularities and violations of legislation regarding foreign nationals to the cantonal authority.

[6] Para. amended by Law of 22.2.2021; in force since 30.4.2021 - BU 2021, 138.

1 The Council of State may establish advisory committees.

2 The regulation establishes their composition and duties.

1. The cantonal administrative and judicial authorities as well as the Municipalities, even if bound by official secrecy, shall communicate free of charge, upon written and reasoned request from the authority, such information as is useful and necessary in the specific case for the correct application of this law and of the regulations concerning foreign nationals.

2. They shall also report *ex officio* to the competent administrative authority all cases, observed in the course of their activities, which may give rise to an intervention by the administrative authority for violation of the provisions concerning foreign nationals.

3. The judicial authorities of the Canton shall communicate to the authority, once they have become final and unappealable, sentences, indictments, and penal measures concerning foreign nationals.

4. If the foreign national, having been duly and repeatedly summoned, fails to appear without sufficient justification, the authority may order their escort by the police. [7]

[7] Para. introduced by Law of 8.11.2004; in force since 31.12.2004 - BU 2004, 482.

The authority may request from the foreign national and the employer necessary information regarding residency or the work permit.

1 For decisions concerning foreign nationals, a maximum fee of CHF 250.-- shall be levied.

2 Other applicants, such as the employer, shall be jointly and severally liable with the foreign national for the payment of fees.

3 Fees may be reduced or waived for persons without means or of modest resources, for public law entities, for applications from associations with cultural or public utility purposes, and in particular cases provided for by federal law.

1 The costs for special expert opinions, translations, information abroad, ordered for justified reasons, as well as other necessary disbursements, in relation to the processing of an application, shall be borne by the foreign person, the employer or the applicant.

2 For services requested urgently or outside normal working hours, the Council of State may provide for a surcharge of 50%.

[9] 1 To achieve and realize the objectives defined in the cantonal integration program, the Council of State ensures the coordination of available instruments and resources and oversees the proper use of the latter by beneficiaries.

2 It may subsidize projects aimed at the integration of foreigners up to a maximum of 50% of the cost established in the budget.

3 Within the framework of the cantonal integration program, the allocation of financial contributions must particularly take into account

a) the possibilities for coordination and territorial integration with units and services managed or subsidized by the State;

b) the financial resources available.

4 The Council of State defines the criteria for the allocation of subsidies.

[9] Art. introduced by L 22.2.2021; in force since 30.4.2021 - BU 2021, 138.

[10] 1 Appeals against decisions of the Department may be lodged with the Council of State, unless the law provides otherwise.

2 Appeals against decisions of the Council of State may be lodged with the Cantonal Administrative Court.

3 The Administrative Procedure Act of 24 September 2013 (LPAmm) is applicable. [11]

[10] Art. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 470; previous amendment: BU 2002, 130.

[11] Para. introduced by L 22.2.2021; in force since 30.4.2021 - BU 2021, 138.

[12] Article repealed by Law 24.9.2013; in force since 1.3.2014 - BO 2013, 470; previous amendments: BO 2002, 130; BO 2008, 222; BO 2009, 20.

1 The appellate authority may order the appellant to pay an advance equivalent to the estimated court costs, with the warning that failure to pay the requested sum within the assigned deadline will result in the striking of the proceedings.

2 The appellate authority may waive the request for an advance if there are particular reasons.

[13] **1 The Public Prosecutor's Office is the competent authority for the prosecution and judgment of offences provided for by legislation on foreign nationals.**

**2 Insofar as it appears that the offence is punishable by a fine not exceeding CHF 10,000, criminal prosecution shall be assigned to the administrative authority on the basis of the summary penal procedure.**

**3 The Council of State determines the administrative authority competent for carrying out checks and prosecuting the violation of obligations concerning the announcement of vacant positions (Art. 117a LStrI). [14]**

[13] Art. amended by L 10.3.2008; in force since 2.5.2008 - BU 2008, 222; previous amendment: BU 2004, 482.

[14] Para. introduced by L 24.6.2019; in force since 8.11.2019 - BU 2019, 379.

1 The employer is jointly and severally liable with the foreign national for the costs of assistance, repatriation, social security contributions, or for any medical care incurred by foreign nationals employed without a permit.

2 The State has a right of recourse against the employer for benefits advanced to third parties.

The present law applies to all proceedings underway at the time of its entry into force.

The present law repeals the transitional law on the application of Article 98a of the Federal Law on Judicial Organization concerning Foreigners' Law of March 12, 1997.

1 After the expiry of the deadlines for the exercise of the right of referendum, this law shall be published in the official bulletin of laws and executive acts.

2 The Council of State shall fix the date of its entry into force. [15]

Published in Official Bulletin 1998, 265.

[15] Entry into force: 1 September 1998 – Official Bulletin 1998, 267.