Art. 1 Subject matter
This Act regulates the entry and exit, residence and family reunification of foreign nationals in Switzerland. In addition, it regulates encouraging their integration.
142.20
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 16 December 2005 (Status as of 1 April 2020)
1 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
The Federal Assembly of the Swiss Confederation,
on the basis of Article 121 paragraph 1 of the Federal Constitution2,
and having considered the Dispatch of the Federal Council dated 8 March 20023,
decrees:
2 SR 101
This Act regulates the entry and exit, residence and family reunification of foreign nationals in Switzerland. In addition, it regulates encouraging their integration.
1 This Act applies to foreign nationals, provided no other provisions of the federal law or international treaties concluded by Switzerland apply.
2 For citizens of member states of the European Community (EC), their family members, and employees posted to Switzerland by employers resident or with their registered office in these states, this Act applies only to the extent that the Agreement of 21 June 19994 between the Swiss Confederation on the one hand and the European Community and their Member States on the other hand on Freedom of Movement does not contain any different provisions or that this Act provides for more advantageous provisions.
3 For citizens of member states of the European Free Trade Association (EFTA), their family members, and employees posted to Switzerland by employers resident or with their registered office in these states, this Act applies only to the extent that the Agreement amending the Convention establishing the European Free Trade Association from 21 June 20015 does not contain any different provisions or that this Act provides for more advantageous provisions.
4 The provisions on the visa procedure and on entry and exit apply only insofar as there are no provisions to the contrary in the Schengen Association Agreements.6
5 The Schengen Association Agreements are listed in Annex 1 No. 1.7
5 SR 0.632.31; the Protocol of 21 June 2001, which is an integral part of the Agreement applies to relations between Switzerland and Liechtenstein.
6 Inserted by Art. 127 below (AS 2008 5405 Art. 2 let. a). Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
7 Inserted by No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
1 The admission of gainfully employed foreign nationals is allowed in the interests the economy as a whole; the chances of lasting integration in the Swiss employment market as well as in the social environment are crucial. Switzerland's cultural and scientific needs shall be appropriately taken account of.
2 Foreign nationals shall also be admitted if international law obligations, humanitarian grounds or the unity of the family so requires.
3 In deciding on the admission of foreign nationals, account shall be taken of Switzerland's demographic and social development.
1 The aim of integration is the co-existence of the resident Swiss and foreign population on the basis of the values of the Federal Constitution and mutual respect and tolerance.
2 Integration should enable foreign nationals who are lawfully resident in Switzerland for the longer term to participate in the economic, social and cultural life of the society.
3 Integration requires willingness on the part of the foreign nationals and openness on the part of the Swiss population.
4 Foreign nationals are required to familiarise themselves with the social conditions and way of life in Switzerland and in particular to learn a national language.
1 Foreign nationals who wish to enter Switzerland:
2 They must provide a guarantee that they will leave Switzerland if only a temporary period of stay is planned.
3 The Federal Council may provide for exceptions to the entry requirements in paragraph 1 on humanitarian or national interest grounds or on the basis of international obligations.11
4 The Federal Council shall determine the recognised identity documents for crossing the border.12
8 Amended by No IV 3 of the FA of 19 June 2015 (Amendment to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
9 SR 311.0
10 SR 321.0
11 Amended by No I of the FA of 21 June 2019, in force since 1 Dec. 2019 (AS 2019 3539; BBl 2019 175).
12 Amended by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
1 Visas are issued by the Swiss representation abroad on behalf of the competent authority of the Confederation or the cantons or by another authority appointed by the Federal Council.
2 In the case of a refusal of the visa for a period of stay not requiring a permit (Art. 10), the competent foreign representation shall issue a decision on a standard form on behalf of the State Secretariat for Migration (SEM)13 or the Federal Department of Foreign Affairs (FDFA). The Federal Council may provide that other offices of the FDFA may also issue decisions on behalf of the FDFA.14
2bis A written objection may be filed against this decision with the relevant authority (SEM or FDFA) within 30 days. Article 63 of the Federal Act of 20 December 196815 on Administrative Procedure applies mutatis mutandis.16
3 To cover any residence, supervision and return costs, a formal obligation limited in time, the deposit of a surety bond or other types of guarantee may be required.17
13 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015. This amendment has been made throughout the text.
14 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
15 SR 172.021
16 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Exchange of Notes relating to the Visa Information System) (AS 2010 2063; BBl 2009 4245). Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
17 Amended by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
1 Entry and exit are governed by the Schengen Association Agreements.
2 The Federal Council regulates possible checks on persons at the border in accordance with these Agreements. If entry is refused, the authority responsible for the border control shall issue a removal order in accordance with Article 64.19
3 If checks at the Swiss border are temporarily reintroduced in accordance with Articles 27, 28 or 29 of the Schengen Borders Code20 and entry is refused, the authority responsible for the border controls shall issue a reasoned and appealable decision on a form in accordance with Annex V Part B of the Schengen Borders Code. The refusal of entry may be enforced immediately. An appeal has no suspensive effect.21
18 Amended by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
19 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
20 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ. L 77 of 23.3.2016, p. 1; last amended by Regulation (EU) 2017/458, OJ. L 74 of 18.03.2017, p. 1.
21 Inserted by Art. 2 of the FD of 13 June 2008 on the Approval and the Implementation of the Exchange of Notes between Switzerland and the European Community on the Acceptance of the Schengen Borders Code (AS 2008 5629 5405 Art. 2 let. b). Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
22 Repealed by Art. 127 below, with effect from 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
1 The cantons carry out checks on persons on their sovereign territory.
2 The Federal Council regulates the federal checks on persons carried out in the border zone in consultation with the border cantons.
1 Foreign nationals do not require a permit for any period of stay without gainful employment of up to three months; if the visa indicates a shorter period of stay, then this period applies.
2 A permit is required for foreign nationals intending a longer period of stay without gainful employment. They must apply to the competent authority at the planned place of residence for this permit before entering Switzerland. Article 17 paragraph 2 remains reserved.
1 Foreign nationals who wish to work in Switzerland require a permit irrespective of the period of stay. They must apply to the competent authority at the planned place of employment for this permit.
2 Gainful employment is any salaried or self-employed activity that is normally carried out for payment, irrespective of whether payment is made.
3 In the case of salaried employment, the application for a permit must be submitted by the employer.
1 Foreign nationals who require a short stay, residence or permanent residence permit, must register with the competent authority at their place of residence in Switzerland before the expiry of the period of stay not requiring a permit or before they take up employment.
2 Foreign nationals must register with the competent authority at the new place of residence if they move to another commune or to another canton.
3 The Federal Council shall determine the time limits for registration.
1 Foreign nationals must produce a valid identity document at the time of registration. The Federal Council shall determine the exceptions and the recognised identity documents.
2 The competent authority may require an extract from the register of convictions in the applicant's country of origin or native country as well as further documents that are necessary for the procedure.
3 Registration may only be carried out if all the documents indicated by the competent authority as necessary for granting the permit are provided.
The Federal Council may lay down more favourable provisions on the permit and the registration requirement, in particular to facilitate temporary cross-border services.
Foreign nationals who hold a permit must give notice of departure to the competent authority at the place of residence if they move to another commune or to another canton or if they move abroad.
Any person who accommodates foreign nationals for commercial gain must provide the competent cantonal authority with their particulars.
1 Foreign nationals who have entered the country lawfully for a temporary period of stay and who subsequently apply for longer period of stay must wait for the decision abroad.
2 If the admission requirements are clearly fulfilled, the competent cantonal authority may permit the applicant to remain in Switzerland during the procedure.
Foreign nationals may be admitted to work as an employee if:
Foreign nationals may be admitted to work on a self-employed basis if:
23 Amended by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
24 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
1 The Federal Council may limit the number of first-time short stay and residence permits (Art. 32 and 33) for work purposes. It shall consult the cantons and the social partners beforehand.
2 It may define quotas for the Confederation and the cantons.
3 The SEM may, within the federal quota limits, grant first-time short stay and residence permits or increase the cantonal quotas. In doing so, it shall take account of the needs of the cantons and overall economic interests.
1 Foreign nationals may be permitted to work only if it is proven that no suitable domestic employees or citizens of states with which an agreement on the free movement of workers has been concluded can be found for the job.
2 Domestic employees include:
25 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
26 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
27 Inserted by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), in force since 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
1 The Federal Council shall introduce measures to make full use of the Swiss employment market potential. It shall consult the cantons and social partners beforehand.
2 In the event of an above-average level of unemployment in specific professions, areas of employment or economic regions, temporary measures shall be taken to assist persons who are registered with public employment agencies as seeking employment. The measures may be restricted to specific economic regions.
3 In the professions, areas of employment or economic regions with an above-average level of unemployment, employers must notify the public employment agencies of vacant positions. Access to information about the notified vacancies shall be restricted for a limited period to persons registered with public employment agencies in Switzerland.
4 The public employment agency shall within a short period of time provide the employers with the relevant details of persons registered as seeking employment. The employer shall invite suitable candidates for an interview or an aptitude test. The results shall be communicated to the public employment agencies.
5 Where vacant positions in accordance with paragraph 3 are filled by persons registered as seeking employment with public employment agencies, it is not required to notify the public employment agency of the vacant positions.
6 The Federal Council may specify additional exceptions to the obligation to give notice of vacant positions in accordance with paragraph 3, in particular in order to take account of the special situation of family businesses or in relation to persons who previously worked for the same employer; before issuing the implementing provisions, it shall consult the cantons and social partners. Furthermore, it shall regularly draw up lists of professions and areas of employment with above-average levels of unemployment in which the obligation to give notice of vacant positions applies.
7 If the requirements of paragraph 2 are met, a canton may request the Federal Council to introduce an obligation to give notice of vacant positions.
8 If the measures under paragraphs 1-5 do not achieve the desired effect or should new problems arise, the Federal Council, having consulted the cantons and social partners, shall submit proposals for additional measures to the Federal Assembly. In the event of serious problems, in particular problems caused by cross-border commuters, a canton may request the Federal Council to introduce further measures.
28 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
1 Foreign nationals may only be admitted in order to work if:
2 The employer shall compensate employees posted to Switzerland for expenses they incur in providing a cross-border service or in connection with a posting as part of an operational transfer, such as travel expenses and board and lodging. These compensation payments are not regarded as part of the salary.
3 In the case of long-term postings, the Federal Council may issue provisions on the duration of the obligation to compensate under paragraph 2.
29 Amended by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
1 Short stay and residence permits for work purposes may only be granted to managers, specialists and other qualified workers.
2 In deciding whether to grant residence permits, the professional qualifications of applicants and their professional and social adaptability, language skills and age must also indicate that there is a prospect of lasting integration in the Swiss job market and the social environment.
3 By way of derogation from paragraphs 1 and 2, the following applicants may be admitted:
Foreign nationals may only be admitted in order to work if suitable accommodation for them is available.
1 Foreign nationals may only be admitted as cross-border commuters in order to work if:
2 Articles 20, 23 and 24 are not applicable.
1 Foreign nationals may only be admitted to provide a temporary cross-border service if their activity is in the general interests of the economy.
2 The requirements of Articles 20, 22 and 23 apply mutatis mutandis.
1 Foreign nationals may be admitted as religious caregivers or teachers or as teachers of their native language and culture if, in addition to meeting the requirements of Articles 18-24, they:
2 In deciding whether to grant short stay permits, the competent authorities may derogate from the requirement under paragraph 1 letter b.
30 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 Foreign nationals may be admitted for education or training purposes if:31
2 In the case of minors, their supervision must be guaranteed.
3 A continued stay in Switzerland following completion or discontinuation of the education or training course is governed by the general admission requirements contained in this Act.33
31 Amended by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), in force since 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
32 Amended by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), in force since 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
33 Inserted by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), in force since 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
Foreign nationals who are no longer gainfully employed may be admitted if:
Foreign nationals may be admitted for medical treatment. Financing and return must guaranteed.
Foreign nationals residing in Switzerland solely in order to seek employment, and their family members, are not entitled to social assistance.
34 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
1 Derogations from the admission requirements (Art. 18-29) are permitted in order to:
2 The Federal Council shall establish the general conditions and regulate the procedure.
35 Amended by Annex No 1 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).
36 Amended by Annex No 1 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729).
37 Repealed by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), with effect from 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
38 SR 142.31
1 Any person recognised as stateless by Switzerland has the right to a residence permit in the canton in which they are lawfully residing.
2 If the stateless person satisfies the criteria in Article 83 paragraph 7, the provisions on temporarily admitted persons of Article 83 paragraph 8 apply.
3 Stateless persons in accordance with paragraphs 1 and 2 and stateless persons who are subject to a legally enforceable expulsion order under Articles 66a or 66abis SCC39 or Article 49a or 49abis MCC40 may work anywhere in Switzerland. Article 61 AsylA41 applies by analogy.42
39 SR 311.0
40 SR 321.0
41 SR 142.31
42 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The short stay permit is granted for limited periods of stay of up to one year.
2 It is granted for a specific purpose of stay and may be made subject to additional conditions.
3 It may be extended by up to two years. A change of job is only possible for good cause.
4 The short stay permit may only be granted again after an appropriate interruption of stay in Switzerland.
1 The residence permit is granted for periods of stay with of more than a year.
2 It is granted for a specific purpose of stay and may be made subject to additional conditions.
3 It is subject to a time limit and may be extended, provided there are no grounds for revocation in terms of Article 62 paragraph 143.
4 When the residence permit is granted or extended, the integration of the person concerned will be taken into account to determine the period of validity.44
5 The granting and extension of the residence permit may be linked to the conclusion of an integration agreement if there is a special need for integration in accordance with the criteria set out in Article 58a.45
43 Term in accordance with No IV 3 of the FA of 19 June 2015 (Amendment to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). This amendment has been made throughout the text.
44 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
45 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The permanent residence permit is granted for an unlimited duration and without conditions.
2 Foreign nationals may be granted a permanent residence permit if:
3 The permanent residence permit may be granted after a shorter qualifying period if there is good cause.
4 Foreign nationals may be granted a permanent residence permit if they have resided in Switzerland for the past five years without interruption while holding a residence permit, if they meet the requirements of paragraph 2 letters b and c, and if they are able to communicate well in the national language spoken at their place of residence.48
5 Temporary periods of stay, in particular for education or training (Art. 27), do not count towards the uninterrupted period of stay in the last five years in accordance with paragraphs 2 letter a and 4. Periods of stay for education or training (Art. 27) are included if the person concerned, after their completion, held a permanent residence permit for an uninterrupted period of two years.49
6 If the permanent residence permit has been revoked in terms of Article 63 paragraph 2 and replaced by a residence permit, the permanent residence permit may be granted again at the earliest five years after integration has been successful.50
46 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
47 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
48 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
49 Amended by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), in force since 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
50 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The cross-border commuter permit is granted for employment in a border zone (Art. 25).
2 Persons with a cross-border commuter permit must return to their place of residence abroad at least once a week; the cross-border commuter permit may be made subject to additional conditions.
3 It is subject to a time limit and may be extended.
4 After an uninterrupted period of employment of five years, the holder has the right to extend a cross-border commuter permit, provided there are no grounds for revocation in terms of Article 62 paragraph 1.
Persons with a short stay permit, a residence or a permanent residence permit are free to choose their place of residence within the canton that granted the permit.
1 Persons with a short stay permit or a residence permit who would like to relocate their place of residence to another canton must apply for the appropriate permit from the new canton beforehand.
2 Persons with a residence permit are entitled to move to another canton provided they are not unemployed and there are no grounds for revocation in terms of Article 62 paragraph 1.
3 Persons with a permanent residence permit are entitled to move to another canton, provided there are no grounds for revocation in terms of Article 63.
4 No permit is required for a temporary stay in another canton.
1 Persons with a short stay permit who are admitted in order to be self-employed or to engage in salaried employment may work as authorised anywhere in Switzerland. A change of job may be approved, if there is good cause and the requirements of Articles 22 and 23 are fulfilled.
2 Persons with a residence permit who are admitted in order to be self-employed or to engage in salaried employment may work anywhere in Switzerland. They require no additional authorisation to change jobs.
3 Persons with a residence permit may be authorised to become self-employed if the requirements of Article 19 letters a and b are fulfilled.
4 Persons with a permanent residence permit may be self-employed or engage in salaried employment anywhere in Switzerland.
1 Persons with a cross-border commuter permit may work temporarily outside the border zone. If they want to move the focus of their employment to the border zone of another canton, they must apply for a permit from the new canton beforehand. After working for an uninterrupted period of five years, cross border commuters are entitled to change cantons.
2 Persons with a cross-border commuter permit may be authorised to change jobs if the requirements in terms of Articles 21 and 22 are fulfilled. After working for an uninterrupted period of five years, cross border commuters are entitled to change cantons.
3 Persons with a cross-border commuter permit may be authorised to become self-employed, if the requirements in terms of Article 19 letters a and b are fulfilled.
1 The permits in terms of Articles 32-35 and 37-39 are granted by the cantons. The Confederation remains responsible for quotas (Art. 20) as well as for derogations from the admission requirements (Art. 30) and for the approval procedure (Art. 99).
2 If a foreign national is not entitled to work, the competent cantonal authority is required to issue a preliminary decision based on the employment market in order to authorise employment, a change of job, or a change to self-employment.
3 If a canton submits an application to grant a short stay or residence permit in terms of the federal quotas, the SEM shall issue a preliminary decision based on the employment market.
1 Foreign nationals normally receive a corresponding identity card with the permit.
2 Temporarily admitted persons (Art. 83) an identity card that indicates their legal status.
3 Identity cards for persons with a permanent residence permit are issued for five years for control purposes.
4 The identity card may carry a data chip. This contains the portrait photograph and fingerprints of the holder and the data contained in the machine-readable zone.51
5 The Federal Council specifies which persons are issued with an identity card with a data chip and which data must be stored on the chip.52
6 The SEM specifies the form and the content of identity cards. It may delegate the production of identity cards wholly or partly to third parties.53
51 Amended by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
52 Inserted by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
53 Inserted by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
1 The data chip must be protected against counterfeiting and its unauthorised reading. The Federal Council shall determine the technical requirements.
2 The Federal Council is authorised to enter into agreements with the states bound by any of the Schengen Association Agreements and with other states on the reading of the fingerprints stored on the data chip, provided the states concerned guarantee a level of data protection equivalent to that in Switzerland.
54 Inserted by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
1 The office entrusted with issuing biometric identity cards and the general contractors concerned must prove that:
2 Beneficial owners, shareholders and members of the board or an equivalent management body, executive managers and other persons who have or could have a significant influence on the undertaking or production of foreign national identity cards must be of good reputation. Security screening in accordance with Article 6 of the Ordinance of 19 December 200156 on Personnel Security Screening may be carried out.
3 The SEM may at any time request the documents necessary to verify compliance with the requirements listed in paragraphs 1 and 2. If the issuing office is part of a corporate group, the requirements apply to the entire group.
4 The provisions of paragraphs 1-3 apply to service providers and suppliers if the products or services provided are essential for the production of the identify cards.
5 The Federal Council shall specify the additional requirements to be met by the issuing office, general contractors, service providers and suppliers.
55 Inserted by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
56 [AS 2002 377, 2005 4571, 2006 4177 Art. 13 4705 No II 1, 2008 4943 No I 3 5747 Annex No 2, 2009 6937 Annex 4 No II 2. AS 2011 1031 Art. 31 para. 1]. See now the O of 4 March 2011 (SR 120.4).
1 The foreign spouse and unmarried children under 18 of a Swiss national who live with the Swiss national are entitled to be granted a residence permit and to have their residence permit extended.
2 Foreign family members of Swiss nationals are entitled are entitled to be granted a residence permit and to have their residence permit extended if they are in the possession of a permanent residence permit from a country with which an agreement on the free movement of persons has been concluded. Family members are:
3 After a law-abiding and uninterrupted period of stay of five years, a foreign spouse is entitled to be granted a permanent residence permit if the integration criteria set out in Article 58a are met.57
4 Children under twelve are entitled to be granted a permanent residence permit.
57 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The foreign spouse and unmarried children under 18 of a person with a permanent residence permit are entitled to be granted a residence permit and to have their residence permit extended provided:
2 In order to obtain a residence permit, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in paragraph 1 letter d.
3 In the case of unmarried children under the age of 18, the requirement in paragraph 1 letter d does not apply.
4 The granting and extension of the residence permit may be linked to the conclusion of an integration agreement if there is a special need for integration in accordance with the criteria set out in Article 58a.
5 After a law-abiding and uninterrupted period of stay of five years, the spouses are entitled to be granted a permanent residence permit if the integration criteria set out in Article 58a are met.
6 Children under twelve are entitled to be granted a permanent residence permit.
58 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
59 SR 831.30
The foreign spouse and unmarried children under 18 of a person with a residence permit may be granted a residence permit or an extension thereof if:
2 In order to obtain a residence permit, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in paragraph 1 letter d.
3 In the case of unmarried children under the age of 18, the requirement laid out in paragraph 1 letter d does not apply.
4 The granting and extension of the residence permit may be linked to the conclusion of an integration agreement if there is a special need for integration in accordance with the criteria set out in Article 58a.
60 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
61 SR 831.30
The foreign spouses and unmarried children under 18 of a person with a short stay permit may be granted a short stay permit, if:
62 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
63 SR 831.30
If, on assessing the reunification of spouses in accordance with Articles 42-45, the competent authorities have reason to believe that there are grounds under Article 105 numbers 5 or 6 of the Civil Code65 (CC) for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The request for the reunification of spouses is suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.
64 Inserted by No I 1 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
65 SR 210
The spouse and children of a Swiss national or of a person with a permanent residence permit or a residence permit (Art. 42-44) may work on a salaried or self-employed basis anywhere in Switzerland.
1 The right to family reunification must be exercised within five years. Children over twelve must be reunified with their family within twelve months.
2 The foregoing time limits do not apply to family reunification in terms of Article 42 paragraph 2.
3 The time limits for family members of:
4 A subsequent family reunification shall be authorised only if there are important family reasons therefor. If necessary, children over 14 shall be consulted on family reunification.
1 Foster children are entitled to receive a residence permit and to have their residence permit extended if:
2 If the adoption falls through, the foster children are entitled to an extension of their residence permit and, five years after entry, they are entitled to be granted a permanent residence permit.
The requirement of cohabitation in terms of Articles 42-44 does not apply if good cause is shown for living separately and the family household continues to exist.
1 The requirement of Articles 43 paragraph 1 letter d and 44 paragraph 1 letter d may be waived where there is good cause.
2 The following shall be regarded as good cause, in particular: a disability, illness or other restriction leading to a substantial impairment of the ability to learn a language.
66 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 After the dissolution of the marriage or of the family household, the right of a spouse and the children to be granted a residence permit and to have their residence permit extended in accordance with Articles 42 and 43 subsists if:
2 There are important personal reasons in terms of paragraph 1 letter b in particular if a spouse has been the victim of marital violence or did not marry of his or her own free will and social reintegration in the country of origin appears to be seriously prejudiced.68
3 The time limit for being granted a permanent residence permit is governed by Article 34.
67 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
68 Amended by No I 1 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
1 The rights in terms of Article 42 expire if:
2 The rights in terms of Articles 43, 48 and 50 expire if:
69 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
The provisions of this Chapter on foreign spouses apply mutatis mutandis to registered partnerships of same-sex couples.
70 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 In fulfilling their tasks, the Confederation, cantons and communes shall take account of integration concerns and of protection against discrimination.
2 They shall create favourable regulatory conditions for equal opportunities and for the participation of the foreign population in public life. They shall make use of the potential of the foreign population, take account of diversity and encourage individual responsibility.
3 They shall in particular encourage foreign nationals to develop their language skills and other basic skills, to advance professionally and to take preventive health care measures; they shall also support efforts that facilitate co-existence and mutual understanding between the Swiss and the foreign population.
4 The authorities of the Confederation, cantons and communes, social partners, non-governmental organisations and expatriate' organisations shall cooperate to encourage integration.
5 The cantonal social assistance authorities shall register recognised refugees and temporarily admitted persons who are unemployed with the public employment agencies.
71 Amended by No III 1 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The Federal Council shall determine which groups of persons require integration support. It shall consult the cantons and the communal associations in advance.
2 Priority shall be given to addressing the concerns related to the integration of women, children and young people.
72 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
Integration support shall be provided within existing standard structures at federal, cantonal and communal level, namely:
73 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
The specific approaches to encouraging integration at federal, cantonal and communal level shall complement the integration support provided in the standard structures in cases where such support is not accessible or where there are gaps in provision.
74 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
The cantons shall provide appropriate integration measures for persons with special integration needs as soon as possible. The Confederation supports the cantons in this task.
75 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The Federal Council shall determine the integration policy within the remit of the Confederation. It shall ensure that the federal offices, together with the competent cantonal authorities, take measures to encourage integration and to prevent discrimination.
2 The SEM shall coordinate the measures by the federal offices to encourage integration and to prevent discrimination, in particular in the areas of social security, vocational education and training, continuing education, and healthcare. The federal offices shall involve the SEM in activities that may have an impact on integration.
3 The SEM shall ensure there is an exchange of information and experiences with the cantons, communes and other parties involved.
4 The cantons shall determine the integration policy within their remit. They shall ensur that the cantonal authorities, together with the competent communal authorities, take measures to encourage integration and to prevent discrimination. They are the SEM's contact points for integration issues and shall ensure there is an exchange of information and experiences with the communes.
5 In cooperation with the cantons, the SEM shall periodically review the integration of the foreign population and guarantee quality assurance in the measures to encourage integration.
76 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The Confederation, cantons and communes shall provide information and advice to foreign nationals on living and working conditions in Switzerland, and in particular on their rights and obligations.
2 The competent authorities shall provide foreign nationals with information on programmes for encouraging integration.
3 The cantons are responsible for providing initial information to foreign nationals who have newly arrived from abroad. The Confederation shall support the cantons in this task.
4 The Confederation, cantons and communes shall inform the population about integration policy and the special situation of foreign nationals.
5 The Confederation, cantons and communes may delegate the tasks set out in paragraphs 1-4 to third parties.
77 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The Confederation shall grant financial contributions to promote integration in accordance with paragraphs 2 and 3. These contributions supplement the payments made by the cantons to promote integration. It shall in particular subsidise projects that support the acquisition of a national language. Contributions are normally only granted if the cantons, communes or third parties share the costs appropriately.
2 The contributions for temporarily admitted persons, recognised refugees and vulnerable persons with residence permits whose social assistance costs are reimbursed to the cantons by the Confederation under Article 87 of this Act and Articles 88 and 89 of the AsylA79 shall be granted to the cantons as flat-rate payments for integration or funding for cantonal integration programmes. They may be made dependent on the achievement of socio-political goals and be restricted to specific groups.
3 The other contributions shall be granted for funding cantonal integration programmes and programmes and projects of national importance that help to promote the integration of foreign nationals irrespective of their status. The coordination and conduct of programme and project activities may be delegated to third parties.
4 The Federal Council shall fix the level of the federal contributions under paragraphs 2 and 3.
5 The Federal Council, in consultation with the cantons, shall indicate the areas requiring aid and regulate the details of the procedure under paragraphs 2 and 3.
78 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
79 SR 142.31
80 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 When assessing integration, the competent authority shall take the following criteria into account:
2 Due account shall be taken of the situation of persons who because of disability or illness or other important personal circumstances are unable to meet or have difficulty meeting the integration criteria referred to in paragraph 1 letters c and d.
3 The Federal Council shall determine which language skills are required when granting or renewing a permit.
1 The integration agreement sets out the objectives, measures and time frame for individually agreed integration support. It also regulates financing.
2 In particular, it may contain objectives for acquiring language skills, for integration at school or at work, for economic integration and for acquiring knowledge of living conditions, the economic system and the legal system in Switzerland.
3 If the competent authorities require the conclusion of an integration agreement, the residence permit shall not be issued or renewed until the agreement has been concluded.
4 The competent authorities may issue recommendations to persons to whom Article 2 paragraphs 2 and 3 and Article 42 apply.
81 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The SEM may issue travel documents83 to foreign nationals without identification documents.
2 Foreign nationals are entitled to travel documents if:
3 Any person who has seriously or repeatedly violated or represents a threat to public security and order in Switzerland or abroad, or who represents a threat to Switzerland's internal or external security, or who is subject to a legally enforceable order for expulsion from Switzerland under Article 66a or 66abis SCC86 or Article 49a or 49abis MCC87 does not have a right to travel documents.88
4 ...89
5 and 6 ...90
82 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
83 Term in accordance with No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561). This amendment has been made throughout the text.
84 SR 0.142.30
85 SR 0.142.40
86 SR 311.0
87 SR 321.0
88 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
89 Repealed by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), with effect from 1 June 2019 (AS 2019 1413; BBl 2018 1685).
90 Inserted by Art. 2 No 2 of the FD of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on Biometric Passports and Travel Documents (AS 2009 5521, 2011 4033; BBl 2007 5159). Repealed by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), with effect from 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 Travel documents for foreign nationals may be furnished with a data chip. The data chip may contain a digitalised facial image, the fingerprints of the holder and further personal data, as well as details of the travel document. The data specified in Article 4 paragraph 1 letter g of the Federal Act of 20 June 200392 on the Information System on Matters relating to Foreign Nationals and Asylum may also be stored on the chip. Article 2a of the Federal Identity Documents Act of 22 June 200193 (IDA) applies mutatis mutandis.
2 The Federal Council shall determine the types of travel documents for foreign nationals that will be furnished with a data chip and what data is to be stored thereon.
91 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
92 SR 142.51
93 SR 143.1
1 The task of recording biometric data and forwarding identity card data to the issuing body may be delegated wholly or in part to third parties. Article 6a IDA95 applies by analogy.
2 SEM and the cantonal authorities responsible for dealing with applications for the issue of travel documents may process biometric data already recorded in the Central Migration Information System (ZEMIS) in order to issue or renew a travel document.
3 The biometric data required for the issue of a travel document shall be updated every five years. The Federal Council may specify a shorter period for the updating of data if this is required due to changes in the facial features of the person concerned.
94 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
95 SR 143.1
1 Refugees are forbidden to travel to their native country or country of origin. If there is a justified suspicion that this ban on travel will be disregarded, SEM may ban all refugees from the native country or country of origin concerned from travelling to other states, and in particular to states neighbouring their native country or country of origin.
2 SEM may authorise a person to travel to a state subject to a travel ban in accordance with paragraph 1 second sentence if there is good cause for doing so.
96 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
1 The Confederation may facilitate the independent and proper exit of foreign nationals by providing return and reintegration assistance.
2 The following persons may claim return and reintegration assistance:
3 Return and reintegration assistance includes:
4 The Federal Council shall regulate the requirements and the procedure regarding the payment and accounting of the contributions.
97 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
98 SR 142.31
99 Amended by No IV 2 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 3709).
100 Amended by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
1 A permit expires:
2 If a foreign national leaves Switzerland without giving notice of departure, a short stay permit expires after three months, and a residence or permanent residence permit after six months. On request, a permanent residence permit may remain valid for a further four years.
101 Inserted by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences (AS 2016 2329; BBl 2013 5975). Amended by No IV 3 of the FA of 19 June 2015 (Amendment to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
102 SR 311.0
103 SR 321.0
104 Inserted by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 The right of residence of citizens of EU and EFTA member states with a short-stay permit shall expire six months after the involuntary termination of their employment. The right of residence of citizens of EU and EFTA member states with a residence permit shall expire six months after the involuntary termination of their employment if employment ends within the first twelve months of their residence.
2 If unemployment benefit continues to be paid on expiry of the six-month period in accordance with paragraph 1, the right of residence expires when the benefit is no longer paid.
3 There is no right to social assistance in the period from the termination of employment until the expiry of the right of residence in accordance with paragraphs 1 and 2.
4 In the event of involuntary termination of employment following the first twelve months of residence, the right of residence of citizens of EU and EFTA member states with a residence permit expires six months after the termination of their employment. If unemployment benefit continues to be paid on expiry of this six-month period, the right of residence expires six months after the benefit is no longer paid.
5 Paragraphs 1-4 do not apply in the event of termination of employment due to temporary unfitness for work because of illness, accident or invalidity, nor in the case of persons who hold a right to remain under the Agreement of 21 June 1999106 on Freedom of Movement (AFMP) between the Swiss Confederation on the one hand and the European Community and their Member States on the other or under the Convention of 4 January 1960107 establishing the European Free Trade Association (EFTA Convention).
105 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
106 SR 0.142.112.681
107 SR 0.632.31
1 The competent authority may revoke permits, with the exception of the permanent residence permit, and other rulings under this Act if the foreign national:
2 Revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from Switzerland.
108 Amended by No IV 3 of the FA of 19 June 2015 (Amendment to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
109 SR 311.0
110 Inserted by Annex No II 1 of the Swiss Citizenship Act of 20 June 2014, in force since 1 Jan. 2018 (AS 2016 2561; BBl 2011 2825).
111 SR 141.0
112 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821). Correction by the FA Drafting Committee of 10 Aug. 2018, published on 18 Sept. 2018 (AS 2018 3213).
1 The permanent residence permit may be revoked only if:
2 The permanent residence permit may be revoked and replaced by a residence permit if the residence criteria referred to in Article 58a have not been met.117
3 Revocation is not permitted if justified solely by conviction for an offence for which a sentence or measure has been imposed, where the court has refrained from imposing an order for expulsion from Switzerland.118
113 Amended by No IV 3 of the FA of 19 June 2015 (Amendment to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
114 Inserted by Annex No II 1 of the Swiss Citizenship Act of 20 June 2014, in force since 1 Jan. 2018 (AS 2016 2561; BBl 2011 2825).
115 SR 141.0
116 Originally: let. d. Repealed by No IV 3 of the FA of 19 June 2015 (Amendment to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
117 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
118 Inserted by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 The competent authorities shall issue an ordinary removal order if:
2 Where foreign nationals who are illegally resident in Switzerland hold a valid residence document for another State that is bound by one of the Schengen-Association Agreements120 (a Schengen State), they must be requested without any formal procedure to proceed immediately to that State. If they fail to comply with this request, an order in accordance with paragraph 1 must be issued. If immediate departure is required on grounds of public security and order or internal or external security, an order must be issued without a prior request to leave.
3 An appeal against orders under paragraph 1 letters a and b must be filed within five working days of notification of the order. The appeal does not have suspensive effect. The appellate authority shall decide within ten days on whether suspensive effect will apply.
4 The competent cantonal authorities shall immediately appoint a representative for any unaccompanied minor foreign national to safeguard the minor's interests during the removal proceedings.
5 The Federal Council shall determine the role, responsibilities and duties of the representative mentioned in paragraph 4.121
119 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
120 These Agreements are listed in Annex 1 No 1.
121 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
1 If a different state that is bound by one of the Dublin Association Agreements (para. 4) is responsible for conducting an asylum procedure on the basis of Regulation (EC) No. 604/2013123 (Dublin State), the SEM shall issue a removal order against a person who is residing illegally in Switzerland.124
2 An appeal must be filed within five working days of notification of the order. The appeal does not have suspensive effect. The foreign national may apply for the order to be suspended within the deadline for filing the appeal. The Federal Administrative Court shall decide on the matter within five days of receipt of the application. If the removal order is not suspended within this period, it may be enforced.
3 The canton of residence of the foreign national concerned is responsible for the enforcement of the removal order and, if necessary, for the payment and funding of social and emergency assistance.
3bis In the case of unaccompanied minors, Article 64 paragraph 4 applies.125
4 The Dublin Association Agreements are listed in Annex 1 no. 2.
122 Inserted by No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937). Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
123 Council Regulation (EC) No 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national; (new version), Amended by OJ L 180 of 29.6.2013, p. 31.
124 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
125 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
Where a person has entered Switzerland illegally, they are notified of the removal order by means of a standard form.
126 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
1 Foreign nationals shall be removed without being subjected to any formal procedure if:
2 If requested immediately by the person concerned, an order shall be issued on a standard form (Art. 64b).
127 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
128 Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
129 See footnote to Art. 7 para. 3.
1 On issuing the removal order, an appropriate departure deadline of between seven and thirty days must be set. A longer period must be set or the departure deadline extended if special circumstances such as the family situation, health problems or a long period of stay so require.
2 The removal order must be enforced immediately or a departure deadline of less than seven days may be set where:
3 The following specific indications in particular lead to the belief that a person intends to evade deportation:
130 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
131 Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
132 See footnote to Art. 7 para. 3.
133 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
On giving notice of a removal order, the competent authority may require the foreign national concerned:
134 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
1 The competent authority shall ensure that, if requested, the removal order is translated in writing or verbally into a language understood by the person concerned or which he or she may be assumed to understand.
2 If notice is given of the removal order by means of a standard form under Article 64b, no translation is made. The person concerned shall be provided with an information sheet with an explanation of the removal order.
135 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
1 If entry is refused at the border control at the airport, the foreign national must leave Switzerland immediately.
2 The authority responsible for the border control shall on SEM's behalf issue a reasoned and appealable decision within 48 hours on a form in accordance with Annex V Part B of the Schengen Borders Code137. A written objection may be filed with SEM against this decision within 48 hours of notification thereof. The objection does not have suspensive effect. SEM shall decide on the objection within 48 hours.138
2bis An appeal may be filed against SEM's objection decision within 48 hours of notification thereof. The appeal does not have suspensive effect. The appellate authority shall decide on the appeal within 72 hours.139
3 Persons subject to a removal order are permitted to remain in the airport international transit zone for a maximum of 15 days in order to prepare for their onward journey, provided deportation (Article 69) or detention pending deportation or coercive detention (Art. 76, 77 and 78) is not ordered. The provisions on temporary admission (Article 83) and on the filing of an asylum application (Article 22 AsylA140) are reserved.141
136 Amended by Art. 2 of the FD of 13 June 2008 on the Approval and the Implementation of the Exchange of Notes between Switzerland and the European Community on the Acceptance of the Schengen Borders Code, in force since 12 Dec. 2008 (AS 2008 5629 5405 Art. 2 let. b; BBl 2007 7937).
137 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ. L 77 of 23.3.2016, p. 1; last amended by Regulation (EU) 2017/458, OJ. L 74 of 18.03.2017, p. 1.
138 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
139 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
140 SR 142.31
141 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
142 Repealed by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), with effect from 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
1 The SEM shall, subject to paragraph 5, order a ban on entry against foreign nationals who have been issued with a removal order if:
2 It144 may order a ban on entry against foreign nationals who:
3 The ban on entry shall be ordered for a maximum duration of five years. It may be ordered for a longer period if the person concerned represents a serious risk to public security or order.
4 The Federal Office of Police (fedpol) may order a ban on the entry of any foreign national in order to safeguard Switzerland's internal or external security; it shall consult the Federal Intelligence Service (FIS) beforehand. fedpol may order a ban on entry for a period of more than five years or in serious cases for an unlimited period.
5 The authority issuing the ban on entry may by way of exception refrain from imposing a ban on entry on humanitarian grounds or for other good cause or revoke the ban permanently or temporarily. In reaching its decision, the authority must in particular consider whether grounds for issuing the ban on entry and the need to protect public security and order and to safeguard Switzerland's internal or external security outweigh the private interests of the person concerned in not being subject to the ban.145
143 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
144 Term in accordance with No I 1 para. 1 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
145 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 fedpol may order the expulsion of a foreign national in order to safeguard the internal or the external security of Switzerland; it shall consult the FIS beforehand.146
2 In cases of expulsion, an appropriate departure deadline must be set.
3 An expulsion order shall be combined with a limited or unlimited ban on entry. The authority issuing the order may temporarily revoke the ban on entry for good cause.
4 If the person concerned has seriously or repeatedly violated or represents a threat to public security and order or represents a threat to internal or external security, expulsion may be enforced immediately.
146 Amended by No I 2 of the O of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Units of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261).
147 Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
1 The competent cantonal authority shall deport foreign nationals if:
2 In the case of foreign nationals who are able to travel lawfully to more than one state, the competent authority may deport them to the country of their choice.
3 The competent authority may postpone deportation for an appropriate period if special circumstances such as the ill-health of the person concerned or a lack of transport so require. The competent authority shall confirm the postponement of deportation to the person concerned in writing.151
4 The competent authority shall ensure before the deportation of unaccompanied foreign minors that he or she will be returned in the State of return to a family member, a nominated guardian or reception facilities that guarantee the protection of the child.152
148 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
149 SR 311.0
150 SR 321.0
151 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
152 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
1 During expulsion or removal proceedings, the competent cantonal authority may arrange for the person concerned as well as the belongings they are carrying to be searched in order to seize travel and identity documents. The search may be conducted only by a person of the same sex.
2 If the court of first instance has issued a decision, the judicial authority may order a search of a dwelling or of other premises if it is suspected that a person subject to a removal or expulsion order may be hiding there, or that travel and identity documents required for the procedure and enforcement are hidden there.153
153 Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
The Federal Department of Justice and Police (FDJP) shall support the cantons responsible for implementing the removal or the expulsion of foreign nationals or the enforcement of an order for expulsion from Switzerland under Article 66a or 66abis SCC154 or Article 49a or 49abis MCC155, in particular by:156
154 SR 311.0
155 SR 321.0
156 Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
157 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 The SEM and the cantons shall work together in the case of international return interventions on the basis of Regulation (EU) 2016/1624159.
2 The FDJP may enter into agreements with the competent European Union agency for the surveillance of the Schengen external borders with regard to the deployment of personnel from the SEM and the cantons in connection with international return interventions and the deployment of third parties to monitor returns.
3 The FDJP shall enter into an agreement with the cantons on the modalities of the deployment of personnel.
158 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC-Return Directive (Directive 2008/115/EG) (AS 2010 5925; BBl 2009 8881). Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
159 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC, Amended by OJ. L 251 of 16.9.2016, p.1.
1 The Federal Council shall regulate the procedure and the responsibilities for supervising deportation procedures and international return interventions.
2 It may delegate tasks relating to the supervision of deportation procedures and international return interventions to third parties.
160 Inserted by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
1 The attending medical professional shall on request disclose the medical data required to assess the fitness to travel of persons subject to a legally binding removal or expulsion order to the following authorities insofar as these authorities require the data to fulfil their statutory duties:
2 The Federal Council regulates the retention and deletion of the data.
161 Inserted by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
162 Repealed by No IV 2 of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 3709).
1 The competent authority of the Confederation or the canton may detain persons without a short stay, residence or permanent residence permit:
2 The person may be detained only for the duration of the required cooperation or questioning and the required transport if necessary, and for a maximum of three days.
3 If a person is detained, they must:
4 If detention is expected last longer than 24 hours, the person concerned shall be given the opportunity beforehand to attend to or have someone else attend to urgent personal matters.
5 On request, the competent judicial authority must review the legality of the detention.
6 The duration of detention shall not be deducted from the duration of any detention pending deportation, in preparation for departure, or coercive detention.
1 The competent cantonal authority may require a person not to leave the area they were allocated to or not to enter a specific area if:
1bis The competent cantonal authority shall require a person who is accommodated in a special centre under Article 24a AsylA165 not to leave the area they were allocated to or not to enter a specific area.166
2 These measures shall be ordered by the authority of the canton that is responsible for the implementation of removal or expulsion. In the case of persons staying in federal centres, the canton where the centre is located is responsible. The prohibition from entering a specific area may also be issued by the authority of the canton where this area is located.167
3 Appeals may be lodged with a cantonal judicial authority against the ordering of these measures. The appeal has no suspensive effect.
163 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
164 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
165 SR 142.31
166 Inserted by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
167 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
1 To facilitate the conduct of removal proceedings or criminal proceedings in which the potential penalty includes an order for expulsion from Switzerland under Article 66a or 66abis SCC168 or Article 49a or 49abis MCC169, the competent cantonal authority may detain a person who does not hold a short stay, residence or permanent residence permit, during the preparation of the decision on residence status for a maximum of six months if they:170
2 The competent authority shall decide on the residence status of the person held in detention without delay.
168 SR 311.0
169 SR 321.0
170 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
171 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
172 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC) (AS 2010 5925; BBl 2009 8881). Repealed by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), with effect from 1 July 2015 (AS 2015 1841; BBl 2014 2675)
1 If the court of first instance has issued an expulsion or removal order or an order for expulsion from Switzerland under Article 66a or 66abis SCC173 or Article 49a or 49abis MCC174, the competent authority may ensure the enforcement of the decision by:175
1bis The detention order in Dublin cases is governed by Article 76a.182
2 Detention in terms of paragraph 1 letter b number 5 may last a maximum of 30 days.183
3 The days in detention count towards the maximum duration in terms of Article 79.184
4 The required arrangements for the enforcement of the removal, expulsion or the order for expulsion from Switzerland under Article 66a or 66abis SCC or Article 49a or 49abis MCC must be taken without delay.185
173 SR 311.0
174 SR 321.0
175 Amended by No IV 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
176 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
177 Repealed by Annex No 1 of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
178 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
179 SR 142.31
180 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
181 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC) (AS 2010 5925; BBl 2009 8881). Repealed by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), with effect from 1 July 2015 (AS 2015 1841; BBl 2014 2675).
182 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
183 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
184 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
185 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 The competent authority may order the detention of the foreign national concerned to ensure removal to the Dublin State responsible for the asylum proceedings, if in the case concerned:
2 The following specific indications suggest that the person concerned intends to evade removal:
3 The person concerned may remain or be placed in detention from the date of the detention order for a maximum duration of:
4 If a person refuses to board the means of transport being used to effect the transfer to the competent Dublin State, or if they prevent the transfer in any other way through their personal conduct, they may, in order to guarantee the transfer, be placed in detention if a detention order under paragraph 3 letter c is no longer possible and a less restrictive measure will not achieve a satisfactory result. The person may be detained until transfer is again possible, but no longer than six weeks. The period of detention may be extended with the consent of a judicial authority if the person concerned remains unprepared to modify their conduct. The maximum duration of this period of detention is three months.
5 The days in detention count towards the maximum duration in terms of Article 79.
186 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
187 See footnote to Art. 64a para. 1.
188 SR 142.31
189 Commission Regulation (EC) No 1560/2003 of 2 Sept. 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 222 of 5.9.2003, p. 3.
1 The competent cantonal authority may detain a person to ensure the enforcement of their removal or expulsion if:
2 Detention may last a maximum of 60 days.
3 The required arrangements for the enforcement of the removal or expulsion must be made without delay.
1 If a person does not fulfil their obligation to leave Switzerland by the appointed deadline and if the legally enforceable removal or expulsion order or legally enforceable order for expulsion from Switzerland under Article 66a or 66abis SCC190 or Article 49a or 49abis MCC191 cannot be enforced due to their personal conduct, they may be detained to ensure the obligation to leave Switzerland is complied with, provided it is not permitted to order detention pending deportation and a more lenient measure would lead to the goal.192
2 Detention may be ordered for one month. It may, however, be extended by two months with consent of the cantonal judicial authority if the person concerned remains unwilling to change their conduct and leave the country. Article 79 remains reserved.193
3 Detention and its extension are ordered by the authorities of the canton which is responsible for enforcing the removal or expulsion order. If the person concerned is already in detention based on Articles 75, 76 or 77, they may be left in detention if the requirements of paragraph 1 are fulfilled.194
4 The first-time detention order must be reviewed at the latest after 96 hours by a judicial authority on the basis of an oral hearing. At the request of the detainee, the extension of detention must be reviewed by the judicial authority within eight working days on the basis of an oral hearing. The power of review is governed by Article 80 paragraphs 2 and 4.
5 The conditions of detention are governed by Article 81.
6 The detention order is revoked if:
190 SR 311.0
191 SR 321.0
192 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
193 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
194 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
1 Detention in preparation for departure, detention pending deportation in accordance with Articles 75-77 and coercive detention in accordance with Article 78 must not together exceed the maximum term of detention of six months.
2 The maximum term of detention may be extended with the consent of the cantonal judicial authority for a specific period, but in no case for more than twelve months and in the case of minors aged between 15 and 18, by a maximum of six months where:
195 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
1 Detention shall be ordered by the authorities of the canton responsible for enforcing the removal or expulsion order. In the case of persons staying in federal centres, the canton where the centre is located is responsible for ordering detention in preparation for departure. In cases covered by Article 76 paragraph 1 letter b number 5, detention shall be ordered by the canton where the centre is located.196
1bis In cases under Article 76 paragraph 1 letter b number 5, detention is ordered by the canton in which the the federal centres are located; if in accordance with Article 46 paragraph 1bis third sentence AsylA197 a canton other than the canton where the centres are located is responsible for executing removal, that canton is also responsible for ordering detention.198
2 The legality and the appropriateness of detention must be reviewed at the latest within 96 hours by a judicial authority on the basis of an oral hearing. If detention pending deportation has been ordered in accordance with Article 77, the detention review procedure shall be carried out in writing.199
2bis In the case of detention under Article 76 paragraph 1 letter b number 6, the legality and the appropriateness of detention shall be reviewed at the request of the detainee by a judicial authority in a written procedure. This review may be requested at any time.200
3 The judicial authority may dispense with an oral hearing if deportation is anticipated within eight days of the detention order and the person concerned has expressed their consent in writing. If deportation cannot be carried out by this deadline, an oral hearing must be scheduled at the latest twelve days after the detention order.
4 When reviewing the decision to issue, extend or revoke a detention order, the judicial authority shall also take account of the detainee's family circumstances and the circumstances behind the enforcement of detention. In no event may any detention order in preparation for departure, detention pending deportation or coercive detention be issued in respect of children or young people who have not yet attained the age of 15.201
5 The detainee may submit a request for release from detention one month after the detention review. The judicial authority must issue a decision on the request on the basis of an oral hearing within eight working days. A further request for release in the case of detention in accordance with Article 75 may be submitted after one month or in the case of detention in accordance with Article 76, after two months.
6 The detention order shall be revoked if:
196 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
197 SR 142.31
198 Inserted by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
199 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
200 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC) (AS 2010 5925; BBl 2009 8881). Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
201 Second sentence amended by No I of the FA of 26 Sept. 2014, in force since 1 March 2015 (AS 2015 533; BBl 2014 3373).
1 The following authorities are responsible for issuing detention orders under Article 76a:
2 ...205
3 The legality and appropriateness of detention shall be reviewed at the request of the detainee by a judicial authority in a written procedure. This review may be requested at any time.206
4 The detainee may apply for release from detention at any time. The judicial authority must decide on the application within eight working days in a written procedure.
5 The detention of children and young persons under 15 years of age is not permitted.
6 In the case of a detention order in respect of an unaccompanied minor seeking asylum, the representative under Article 64a paragraph 3bis of this Act or under Article 17 paragraph 3 AsylA will be informed in advance.
7 The detention order shall be revoked if:
8 When reviewing the decision to issue, extend or revoke a detention order, the judicial authority shall also take account of the detainee's family circumstances and the circumstances behind the enforcement of detention.
202 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
203 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
204 SR 142.31
205 Repealed by Annex No 1 of the FA of 25 Sept. 2015, with effect from 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
206 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
1 The cantons shall ensure that a person in Switzerland designated by the detainee is notified. Detainees may communicate with their legal representatives as well as with their family members and consular authorities both verbally and in writing.
2 Detention shall take place in detention facilities intended for the enforcement of preparatory detention, detention pending deportation and coercive detention. If this not possible in exceptional cases, in particular because of insufficient capacity, detained foreign nationals must be accommodated separately from persons in pre-trial detention or who are serving a sentence.208
3 The needs of vulnerable persons, unaccompanied minors and families with minor children must be taken into account in the detention arrangements.209
4 The detention arrangements are otherwise governed by:
207 Amended by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
208 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
209 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
210 Directive 2008/115/EC of the European Parliament and of the Council of 16 Dec. 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, Amended by OJ L 348 of 24.12.2008, p. 98.
211 See footnote to Art. 64a para. 1.
212 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
213 SR 0.107
214 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
1 The Confederation may wholly or partially finance the construction or establishment of cantonal detention centres that are used exclusively for detaining persons in preparation for departure or pending deportation, or placing persons in coercive detention or for short-term detention and which are of a certain size. The calculation of contributions and the procedure are governed mutatis mutandis by Sections 2 and 6 of the Federal Act of 5 October 1984216 on Federal Subsidies for the Execution of Sentences and Measures.
2 The Confederation shall contribute to the cantons' operating costs for detaining persons in preparation for departure or pending deportation, or placing persons in coercive detention by making a flat-rate daily payment. The flat-rate payment shall be made in the case of:
215 Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
216 SR 341
217 SR 142.31
1 If the enforcement of removal or expulsion is not possible, not permitted or not reasonable, the SEM shall order temporary admission.
2 Enforcement is not possible if the foreign national is unable to travel or be brought either to their native country or to their country of origin or a third country.
3 Enforcement is not permitted if Switzerland's obligations under international law prevent the foreign national from making an onward journey to their native country, to their country of origin or to a third country.
4 Enforcement may be unreasonable for foreign nationals if they are specifically endangered by situations such as war, civil war, general violence and medical emergency in their native country or country of origin.
5 The Federal Council shall designate native countries or countries of origin or areas of these countries to which return is reasonable. If foreign nationals being removed or expelled come from one of these countries or from a member state of the EU or EFTA, enforcement of removal or expulsion is reasonable.218
5bis The Federal Council shall periodically review the decision under paragraph 5.219
6 Temporary admission may be requested by the cantonal authorities.
7 Temporary admission shall not be ordered in terms of paragraphs 2 and 4 if the person removed or expelled:
8 Refugees for whom there are reasons for refusing asylum in accordance with Articles 53 and 54 AsylA222 shall be granted temporary admission.
9 Temporary admission shall not be granted or shall expire if an order for expulsion from Switzerland under Article 66a or 66abis SCC or Article 49a or 49abis MCC223 becomes legally enforceable.224
10 The cantonal authorities may conclude integration agreements with temporarily admitted persons if there is a special need for integration in accordance with the criteria set out in Article 58a.225
218 Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provision to this amendment at the end of the text.
219 Inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provision to this amendment at the end of the text.
220 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
221 SR 311.0
222 SR 142.31
223 SR 321.0
224 Inserted by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
225 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The SEM periodically examines whether the requirements for temporary admission are still met.
2 The SEM shall revoke temporary admission and order the enforcement of removal or expulsion if the requirements no longer met.
3 At the request of the cantonal authorities, fedpol or the FIS, the SEM may revoke temporary admission due to the unreasonableness or impossibility of enforcement (Art. 83 paras 2 and 4) and order the enforcement of removal if there are grounds in terms of Article 83 paragraph 7.226
4 Temporary admission expires in the event of definitive departure, an unauthorised stay abroad of more than two months, or on the granting of a residence permit.227
5 Applications for a residence permit made by temporarily admitted foreign nationals who have resided in Switzerland for more than five years are closely examined with regard to integration, family circumstances and the reasonableness of return to the country of origin.
226 Amended by No I 2 of the Ordinance of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Units of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261).
227 Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
1 The permit for temporarily admitted persons (Art. 41 para. 2) is issued by the canton of residence for a maximum of twelve months for control purposes and is extended subject to the reservation of Article 84.
2 For the allocation of temporarily admitted persons, Article 27 AsylA228 applies mutatis mutandis.
3 Temporarily admitted persons must submit their application to move to another canton to the SEM. The SEM shall make a final decision subject to the reservation of paragraph 4 on the change of canton after hearing the cantons concerned.
4 The decision on the change of canton may only be contested on the ground that it violates the principle of family unity.
5 Temporarily admitted persons are free to choose their place of residence within their current canton or the canton to which they are allocated. The cantonal authorities may allocate a place or residence or accommodation to temporarily admitted persons who are not recognised as refugees, and who are in receipt of social assistance.229
6 ...230
7 Spouses and unmarried children under 18 years of temporarily admitted persons and temporarily admitted refugees may be reunited with the temporarily admitted persons or refugees at the earliest three years after the order for temporary admission and included in that order if:
7bis In order to be granted temporary, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in under paragraph 7 letter d.234
7ter In the case of single children under the age of 18, the requirement set out in paragraph 7 letter d does not apply. The requirement of Article 49a paragraph 2 may be also waived for good cause.235
8 If, on assessing the reunification of spouses in accordance with Articles 42-45, the SEM has reason to believe that there are grounds under Article 105 numbers 5 or 6 CC236 for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The request for the reunification of spouses is suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.237
228 SR 142.31
229 Second sentence inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
230 Repealed by No I of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
231 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
232 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
233 SR 831.30
234 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
235 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
236 SR 210
237 Inserted by No I 1 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
1 Temporarily admitted persons may work anywhere in Switzerland if the salary and employment conditions customary for the location, profession and sector are satisfied (Art. 22).
2 The employer must report the start or end of employment to the cantonal authority responsible for the place of work in advance. The report must, in particular, contain the following information:
3 The employer must include a declaration in the report, stating that he is aware of the salary and employment conditions customary for the location, profession and sector, and that he is committed to observing them.
4 The authority referred to in paragraph 2 shall immediately send a copy of the report to the supervisory bodies responsible for verifying compliance with the salary and employment conditions.
5 The Federal Council shall designate the competent supervisory bodies.
6 It shall regulate the reporting procedure.
238 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The cantons shall regulate the terms and the payment of social assistance and emergency aid for temporarily admitted persons. The provisions of Articles 80a-84 AsylA239 relating to asylum seekers apply. Support for temporarily admitted persons is normally provided in the form of benefits in kind. The level of support is less than that offered to persons resident in Switzerland.240
1bis The same provisions on social assistance standards apply to the following persons as for refugees who have been granted asylum in Switzerland:
2 In relation to compulsory health insurance for temporarily admitted persons, the corresponding provisions for asylum seekers in accordance with the AsylA and the Federal Act of 18 March 1994244 on Health Insurance apply.
239 SR 142.31
240 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
241 SR 311.0
242 SR 321.0
243 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
244 SR 832.10
1 The Confederation pays the cantons:
2 The assumption of departure costs and payment of return assistance are governed by Articles 92 and 93 AsylA.
3 Flat-rate payments in terms of paragraph 1 letters a and b are made for a maximum of seven years after entry.252
4 Flat-rate payments in terms of paragraph 1 letter d are made for a maximum of five years after recognition of statelessness.253
245 Amended by Annex No I of the FA of 14 Dec. 2012, in force since 1 Jan. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
246 SR 142.31
247 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
248 Inserted by No IV 2 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 3709).
249 Inserted by Annex No 1 of the FA of 25 Sept. 2015 (AS 2016 3101, 2017 6171; BBl 2014 7991). Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685)
250 SR 311.0
251 SR 321.0
252 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
253 Inserted by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
1 Temporarily admitted persons shall be subject to the obligation to pay the special charge on assets in accordance with Article 86 AsylA255. The provisions of the 2nd section of Chapter 5, Chapter 10 and Article 112a of the AsylA apply.
2 The obligation to pay the special charge applies for a maximum of ten years from the date of entry.
254 Amended by No. I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2018 (AS 2017 6521; BBl 2013 2397, 2016 2821).
255 SR 142.31
The provisions of this Chapter on foreign spouses apply mutatis mutandis to registered same-sex partnerships.
256 Inserted by No I 1 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
Foreign nationals must be in possession of a valid identity document recognised in terms of Article 13 paragraph 1 during their stay in Switzerland.
Foreign nationals and third parties involved in proceedings under this Act are obliged to cooperate in determining the relevant circumstances necessary to apply this Act. They must in particular:
1 Before a foreign national begins employment, an employer must inspect their identity card or check with the competent authorities to ascertain that the said foreign national is entitled to work in Switzerland.
2 Any person who obtains a cross-border service must inspect the identity card of the person providing the service or check with the competent authorities to ascertain that this person is entitled to work in Switzerland.
257 Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
1 Air carriers transporting persons must take all reasonable measures to ensure that they only transport persons who possess the required travel documents, visas and residence documents to enter the Schengen area or to travel through international transit zones of the airports.
2 The Federal Council shall regulate the extent of the duty of care.
258 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 The air carrier is obliged at the request of the competent federal or cantonal authorities to provide immediate assistance to any passengers that it is carrying who are denied entry to the Schengen area.260
2 The obligation to provide assistance covers:
3 If the air carrier is unable to provide evidence that it has fulfilled its duty of care, it must additionally bear:261
4 Paragraph 3 does not apply if the person being transported has been granted entry to Switzerland in terms of Article 22 AsylA262. The Federal Council may provide for further exceptions, in particular for exceptional circumstances such as war or natural disasters.263
5 The Federal Council may stipulate a flat-rate charge based on the expected costs.
6 It may request security for the payment of costs.
259 Amended by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
260 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
261 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
262 SR 142.31
263 Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
1 The air carriers shall cooperate with the competent federal and cantonal authorities. The modalities of this cooperation may be stipulated in the operating licence or in an agreement between the SEM and the carrier.
2 The following may also be stipulated in the operating licence or agreement in particular:
3 If special measures under paragraph 2 letter a are stipulated, the operating licence or the agreement may provide that any amount that an air carrier must pay under Article 122a paragraph 1 be reduced by up to a half.
264 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
The Federal Council may make other commercial carriers subject to Articles 92-94, 122a and 122c if Swiss national borders become a Schengen external border. In doing so, it shall take account of the requirements of Article 26 of the Convention of 19 June 1990266 implementing the Schengen Agreement (Schengen Convention).
265 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
266 Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, OJ. L 239 of 22.9.2000, p. 19.
267 Inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provisions to this Amendment at the end of this text.
Airport operators are obliged to provide suitable and reasonably priced accommodation at the airport for foreign nationals whose entry or onward journey is refused at the airport until removal or entry.
1 In exercising discretion, the competent authorities shall take account of public interests and personal circumstances as well as the integration of foreign nationals.268
2 If a measure is competent, but the circumstances are not appropriate, the person concerned may be issued with a warning on pain of this penalty.
268 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
1 The authorities entrusted with the implementation of this Act shall support each other in the fulfilment of their tasks. They shall provide the required information and on request allow the inspection of official files.
2 Other authorities of the Confederation, the cantons and the communes are obliged to disclose data and information required for the implementation of this Act at the request of the authorities mentioned in paragraph 1.
3 The Federal Council shall determine what data must be reported to the authorities mentioned in paragraph 1 in the case of:
4 If an authority in accordance with paragraph 1 receives data pursuant to Article 26a SBA about a claim for supplementary benefits, it shall automatically notify the body responsible for determining and paying out the supplementary benefits of the possibility that the residence permit will not be extended or will be revoked.277
269 For data in connection with illegal employment, Arts. 11 and 12 of the FA of 17 June 2005 on Illegal Employment (SR 822.41) apply.
270 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
271 Inserted by No III 1 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
272 SR 831.30
273 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
274 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
275 Inserted by Annex No 1 of the FA of 14 Dec. 2012 (AS 2013 4375; BBl 2010 4455, 2011 7325). Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
276 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements (AS 2018 733; BBl 2016 3007). Repealed by No III 1 of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
277 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
1 The SEM is responsible for all tasks that are not expressly reserved to other federal authorities or the cantonal authorities.
2 The Federal Council shall regulate the entry and exit, admission as well as residency of the persons benefiting from privileges, immunities and facilities in accordance with Article 2 paragraph 2 of the Host State Act of 22 June 2007278.279
3 The cantons shall designate the authorities who are responsible for the tasks that have been entrusted to them.
278 SR 192.12
279 Amended by Art. 35 of the Host State Act of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6637; BBl 2006 8017).
The persons entrusted with the enforcement of this Act may use police control and restraint techniques and police measures in order to fulfil their duties, provided it is justified by the legal interests to be protected. The Use of Force Act of 20 March 2008281 applies.
280 Inserted by Annex No 2 of the Use of Force Act of 20 March 2008, in force since 1 Jan. 2009 (AS 2008 5463; BBl 2006 2489).
281 SR 364
1 The FDFA in consultation with the SEM may authorise third parties to carry out the following tasks in relation to the visa procedure:
2 The FDFA and the SEM shall ensure that the third parties to whom duties are delegated comply with the regulations on data protection and security.
3 The Federal Council shall determine the conditions under which third parties may be delegated duties in accordance with paragraph 1.
282 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Exchanges of Notes relating to the Visa Information System), in force since 1 Jan. 2011 (AS 2010 2063 5761; BBl 2009 4245).
1 The Federal Council shall determine the cases in which short stay, residence and permanent residence permits as well as cantonal preliminary labour market decisions shall be submitted to SEM for approval.
2 SEM may refuse to approve the decision of a cantonal administrative or appellate authority or make the decision subject to a time limit or to conditions and requirements.
283 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The Federal Council shall encourage bilateral and multilateral migration partnerships with other states. It may conclude agreements to improve cooperation in the field of migration as well as to reduce illegal migration and its negative consequences.
2 The Federal Council may conclude agreements with foreign states or international organisations on:285
3 In the case of readmission and transit agreements, it may in terms of its responsibilities grant or withhold services and advantages. In doing so, it shall take account of obligations under international law as well as the all the relations Switzerland has with the affected state.286
4 The responsible departments may enter into agreements with foreign authorities or international organisations on the technical implementation of agreements in accordance with paragraph 2.287
5 Until the conclusion of a readmission agreement within the meaning of paragraph 2 letter b, the FDJP may enter into agreements with the competent foreign authorities and in consultation with the FDFA in which organisational issues connected with the return of foreign nationals to their native countries and with return assistance and reintegration are regulated.288
284 Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
285 Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
286 Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
287 Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
288 Inserted by No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937). Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).
1 In order to combat illegal migration, use may be made of documentation advisers.
2 Documentation advisers shall in particular provide support in checking documents to the authorities responsible for border controls, air carriers and foreign representations. They shall act only in an advisory capacity and shall not exercise any sovereign function.
3 The Federal Council may enter into agreements on the use of documentation advisers with foreign States.
289 Inserted by No I of the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).
1 The Federal Council shall appoint an advisory commission comprising foreign and Swiss nationals.
2 The Commission shall deal with social, economic, cultural, political, demographic and legal issues that arise from the entry, residence and return of all foreign nationals, including asylum seekers.
3 It shall work with the competent authorities of the Confederation, the cantons and the communes and with non-governmental organisations involved in migration matters; these include the cantonal and communal commissions for foreign nationals involved in integration. It shall participate in the international exchange of views and experiences.
4 The Commission may be consulted on questions of principle relating to the promotion of integration. It is entitled to request financial contributions from the SEM for conducting integration projects of national importance.
5 The Federal Council may assign additional tasks to the Commission.
290 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
291 The name was amended on 1 Jan. 2016 pursuant to Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1).
292 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
293 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
The SEM, the cantonal immigration authorities and, where it has jurisdiction, the Federal Administrative Court may process or instruct someone else to process personal data, including particularly sensitive data and personality profiles of foreign nationals as well third parties involved in procedures in accordance with this Act, insofar as they need this data to fulfil their statutory duties.
294 Amended by No I 1 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Legislation to the Provisions of the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599; BBl 2006 7759).
1 When verifying entry requirements and in procedures concerning foreign nationals, the competent authorities may in individual cases collect and record biometric data pertaining to foreign nationals for identification purposes. For specific categories of persons, collection and recording may be carried out systematically.296
1bis If there are indications that an alleged foreign minor has reached the age of majority, the competent authorities may arrange an expert report on that person's age.297
2 The Federal Council shall determine the categories of persons for which data may be recorded systematically and which biometric data shall be collected in accordance with paragraph 1, and shall regulate access to this data.298
295 Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
296 Amended by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
297 Inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
298 Amended by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
1 The competent authority may save and store the biometric data required for the issue of the foreign national identity cards.
2 The task of recording biometric data and forwarding identity card data to the issuing body may be delegated wholly or in part to third parties.300
3 The competent authority may process biometric data already recorded in ZEMIS in order to issue or renew a travel document.301
4 The biometric data required for the issue of an identity card shall be updated every five years. The Federal Council may specify a shorter period for the updating of data if this is required due to changes in the facial features of the person concerned.302
299 Inserted by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
300 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
301 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
302 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The following authorities are authorised to read the data stored on the chip in order to verify the identity of the holder or verify that the document is genuine:
2 The Federal Council may authorise airlines, airport operators and other agencies that must verify the identity of persons to read the fingerprints stored on the data chip in order to carry out checks on persons.
303 Inserted by Art. 2 No I of the FD of 18 June 2010 (Development of the Schengen Acquis and Introduction of Biometric Data into Foreign National Identity Cards), in force since 24 Jan. 2011 (AS 2011 175; BBl 2010 51).
304 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The arrival of flight passengers may be monitored using technical identification procedures. The authorities responsible for border controls (Art. 7 and 9) shall use the collected data:305
2 The competent authorities shall notify the FIS if they discover a specific threat to internal or the external security during this monitoring. They may forward the corresponding data with the report.306
3 The collected data must be erased within 30 days. If it is required for pending criminal, asylum proceedings or proceedings under the law on foreign nationals, the Federal Council may provide for specific data to be stored for a longer period.
4 The Confederation may pay the cantons where the international airports are located contributions to the costs of supervision in accordance with paragraph 1.
5 The Federal Council shall regulate the specifications that a facial recognition system must satisfy, as well as the details of the monitoring procedure and the passing on of information to the FIS.307
305 Second sentence amended in accordance with Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
306 Amended by No I 2 of the Ordinance of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Units of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261).
307 Amended by No I 2 of the Ordinance of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Units of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261).
1 The authorities responsible for border controls at airports may operate an automated border control procedure. This has the aim of simplifying checks on participants when they enter and leave the Schengen area.
2 Exclusively entitled to participate in the automated border control procedure are persons who:
3 Participation requires a biometric passport or a participation card on which biometric data is stored. In order to issue the participation card, the authorities responsible for border controls may record biometric data.
4 On crossing the border, the data held in the biometric passport or on the participation card may be compared with the data in the computerised police search system (RIPOL) and the Schengen Information System (SIS).
5 The authorities responsible for border controls shall operate an information system for the processing of personal data relating to those persons who require a participation card for the automated border control procedure. The information system shall not contain any biometric data. The persons concerned shall be informed in advance of the purpose of the data processing and the categories of data recipient.
6 The Federal Council shall regulate the registration procedure, the requirements for participation in the automated border control procedure, the organisation and operation of the information system and the list of personal data to be processed in the information system.
308 Inserted by No I of the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).
309 Amended by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
310 SR 0.142.112.681
311 SR 0.632.31
1 The SEM shall maintain an internal information system on refusals of entry in accordance with Article 65 (INAD System). It shall be used when imposing penalties for violations of the duty of care under Article 122a, and to compile statistics.
2 The system shall contain the following data on persons who have been refused entry to the Schengen area:
3 The data recorded in the system shall be anonymised after two years.
312 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 In order to improve border controls and to combat unlawful entry into the Schengen area and transit through the international transit zones of the airports, at the request of the border control authorities SEM may require air carriers to provide personal data on the passengers it is carrying and data on the flight to the SEM or to the authority responsible for the border controls. The data must be transmitted immediately after departure.314
1bis SEM may extend the duty to provide data to other flights:
1ter The data must be transmitted immediately after departure.316
2 The order to provide data must contain:
3 The duty to provide data applies to the following data categories:
4 The air carriers shall inform the persons concerned in accordance with Article 18a of the Federal Act of 19 June 1992317 on Data Protection.
5 Orders imposing or lifting the duty to provide data are made as general rulings and are published in the Federal Gazette. Appeals against such rulings do not have suspensive effect.
6 Air carriers may retain the data in accordance with paragraph 3 solely for evidentiary purposes. They must erase the data:
313 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
314 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
315 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
316 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
317 SR 235.1
1 The SEM shall maintain a passenger information system (API System) in order to:
1bis The API System contains the data in accordance with Article 104 paragraph 3 and the results of comparisons in accordance with paragraph 4.320
2 In order to check whether air carriers are fulfilling their duty to provide data, and to enforce penalties under Article 122b, the SEM may retrieve data in accordance with Article 104 paragraph 3 from the API System.321
3 In order to improve border controls and to combat unlawful entry into the Schengen area and transit through the international transit zones of the airports, the authorities responsible for checks on persons at the Schengen external borders may retrieve data in accordance with Article 104 paragraph 3 from the API System.322
3bis If it is suspected that a person is preparing for or committing offences under Article 104 paragraph 1bis letter a, fedpol may retrieve the data in accordance with Article 104 paragraph 3.323
4 The data in accordance with Article 104 paragraph 3 letters a and b shall be automatically and systematically compared with the data from RIPOL, the SIS, the ZEMIS and the Interpol database for stolen and lost documents (ASF-SLTD).324
5 The data in accordance with Article 104 paragraph 3 and the results of the comparisons in accordance with paragraph 4 may only be used following the arrival of the flight concerned in order to conduct criminal or asylum proceedings, or proceedings under the law on foreign nationals. It must be erased:
6 The data may be retained in anonymised form for statistical purposes beyond the deadlines set out in paragraph 5.
318 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
319 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
320 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
321 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
322 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
323 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
324 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The data in accordance with Article 104 paragraph 3 shall be transmitted automatically in electronic form to the FIS.
2 The FIS may process the data in order to fulfil its duties under Article 104a paragraph 1 letter c.
325 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 In order to conduct border controls, to combat illegal migration or to enforce removal orders, air carriers must on request provide the authorities responsible for border controls with passenger lists.
2 The passenger lists must contain the following data:
3 The duty to provide the passenger lists ends six months after the flight takes place.
4 The authority responsible for border controls shall delete the data within 72 hours of receipt.
326 Originally Art. 104b. Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
327 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 In order to fulfil their duties, and in particular to combat criminal offence in terms of this Act, the SEM and the competent authorities of the cantons may disclose personal data of foreign nationals to foreign authorities and international organisations entrusted with corresponding duties provided such authorities and organisation guarantee a level of data protection equivalent to that in Switzerland.
2 The following personal data may be disclosed:
For the implementation of removals or expulsions to the native country or country of origin, the authority responsible for organising the departure may only disclose the following data to foreign authorities if this does not put the foreign national or the next of kin at risk:
1 In order to implement the readmission and transit agreements mentioned in Article 100, the SEM and the competent authorities of the cantons may also disclose the required personal data to states that do not provide a level of data protection equivalent to that in Switzerland.
2 For the purpose of the readmission of its citizens, the following data may be disclosed to another contracting state:
3 For the purpose of the transit of members of third countries, the following data may be disclosed to the other contracting state:
4 Purpose limitation, any security measures and the competent authorities must be defined in the readmission or transit agreement.
328 SR 351.1
329 See Art. 126 para. 6 below.
330 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
331 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The Central Visa Information System (C-VIS) contains the visa data from all the states to which Regulation (EC) No. 767/2008333 applies.
2 The following authorities may consult C-VIS data online:
3 The following authorities may request specific C-VIS data from the central access point under paragraph 4 in application of Decision 2008/633/JI338 in order to prevent detect or investigate terrorist offences or other serious criminal offences:
4 The central access point in accordance with Article 3 paragraph 3 of Decision 2008/633/JI is the fedpol operations centre.
332 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 11 Oct. 2011 (AS 2010 2063, 2011 4449; BBl 2009 4245).
333 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ. L 218 of 13.8.2008, p. 60.
334 Amended by No I of the FA of 26 Sept. 2014, in force since 1 March 2015 (AS 2015 533; BBl 2014 3373).
335 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
336 See footnote to Art. 64a para. 1.
337 Amended by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
338 Council Decision 2008/633/JI of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences, OJ. L 218 of 13.8.2008, p. 129.
1 The SEM shall operate a national visa system. The system serves the registration of visa applications and the issue of visas granted by Switzerland. In particular, it contains the data transmitted via the national interface (N-VIS) to the C-VIS.
2 The national visa system contains the following categories of data on visa applicants:
2bis The national visa system also contains a subsystem with the files on the visa applicants in electronic form.343
3 The SEM, Swiss representations abroad and missions, cantonal migration authorities responsible for visas and the communal authorities to which the cantons have delegated these responsibilities, the State Secretariat and the Directorate of Political Affairs of the FDFA and the Border Guard and the border posts of the cantonal police authorities that issue exceptional visas may enter, modify and delete data in the national visa system in order to fulfil their duties under the visa procedure.344 They must enter and process the data transmitted to the C‑VIS in accordance with Regulation (EC) No 767/2008345.
339 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 20 Jan. 2014 (AS 2010 2063, 2014 1; BBl 2009 4245).
340 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
341 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
342 Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II), amended by OJ. L 381 of 28.12.2006, p. 4.
343 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
344 Amended by No I of the FA of 26 Sept. 2014, in force since 1 March 2015 (AS 2015 533; BBl 2014 3373).
345 Regulation (EC) No 767/2008 of the European Parliament and the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ. L 218 of 13.8.2008, p. 60.
The SEM may grant the following authorities online access to the data in the national visa system:
346 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchanges of Notes between Switzerland the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 20 Jan. 2014 (AS 2010 2063, 2011 4449, 2014 1; BBl 2009 4245).
347 Amended by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
348 SR 361
349 SR 120
350 SR 210
351 SR 211.231
Member states of the EU to which Regulation (EC) No. 767/2008353 not yet applies may send their requests for information to the authorities under Article 109a paragraph 3.
352 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS) (AS 2010 2063; BBl 2009 4245). Amended by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
353 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ. L 218 of 13.8.2008, p. 60.
The Federal Council shall regulate:
354 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 11 Oct. 2011 (AS 2010 2063, 2014 1; BBl 2009 4245).
355 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
1 SEM shall operate an information system in order to fulfil its tasks in connection with the enforcement of removal, expulsion under this Act or judicial expulsion under Article 66a or 66abis SCC356 or Article 49a or 49abis MCC357 as well as voluntary return, including the return assistance and counselling (eRetour System).
2 The information system assists with:
1 The information system contains data on foreign nationals:
2 It contains the following categories of data:
3 The personal data under paragraph 2 letters a-c and j are copied automatically from ZEMIS. If these data are modified in the information system, the updated data are automatically copied into ZEMIS.
4 SEM shall inform persons whose data is recorded in the system of the reason for processing these data, the data categories and the data recipient.
358 SR 142.51
Provided it is necessary for them to carry out their tasks, the following persons and agencies shall have access to the information system, but limited to the date mentioned in brackets:
1 SEM and the cantonal authorities entrusted with carrying out the return procedure may in providing return assistance delegate specific tasks to the return counselling agencies (Art. 93 para. 1 let. a AsylA359) and international organisations (Art. 93 para. 3 AsylA). They may delegate tasks to other third parties in connection with organising the return under Article 71 letter b of this Act.
2 SEM may grant third parties that have been delegated tasks access to the data in the Information System that they require to fulfil their mandate:
3 SEM shall ensure that the third parties comply with the regulations on data protection and on information technology security.
4 The Federal Council shall decide which categories personal data in the information system may be processed by the third parties that have been delegated tasks mentioned in paragraph 1 above.
359 SR 142.31
1 SEM is responsible for the security of the Information System and the legality of the processing of personal data.
2 The Federal Council shall regulate:
360 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
The SEM in cooperation with the Federal Administrative Court and the competent cantonal authorities shall maintain an automated personal file and documentation system.
361 Amended by No I 1 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Legislation to the Provisions of the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599; BBl 2006 7759).
362 Removed by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), with effect from 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 The SEM shall maintain an information system for the issue of Swiss travel documents and return visas to foreign nationals (the ISR) in accordance with Article 59.363
2 The ISR shall contain the following data:
3 To check whether an alert has been issued in respect of the applicant due to a felony or a misdemeanour, the RIPOL computerised search system automatically conducts a search.365
4 The data collected in accordance with paragraph 2 shall be processed by employees of the SEM who deal with issuing Swiss travel documents and return visas.366
5 The SEM may make the data that it has collected in accordance with paragraph 2 accessible to the following authorities or offices through a retrieval process, insofar as they need the data for the fulfilment of their duties:367
6 The Federal Council shall issue the implementing provisions.
363 Amended by Art. 2 No 2 of the FD of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on Biometric Passports and Travel Documents, in force since 1 Oct. 2011 (AS 2009 5521, 2011 4033; BBl 2007 5159).
364 Amended by Art. 2 No 2 of the FD of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on Biometric Passports and Travel Documents, in force since 1 Oct. 2011 (AS 2009 5521, 2011 4033; BBl 2007 5159).
365 Amended by Annex 1 No 2 of the FA of 13 June 2008 on the Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
366 Amended by Art. 2 No 2 of the FD of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on Biometric Passports and Travel Documents, in force since 1 Oct. 2011 (AS 2009 5521, 2011 4033; BBl 2007 5159).
367 Amended by No I 1 of the FA of 18 June 2010 on the amendment of provisions on the recording of data in relation to migration, in force since 24 Jan. 2011 (AS 2011 95; BBl 2010 51).
368 Inserted by No I 1 of the FA of 18 June 2010 on the amendment of provisions on the recording of data in relation to migration, in force since 24 Jan. 2011 (AS 2011 95; BBl 2010 51).
369 Inserted by No I 1 of the FA of 18 June 2010 on the amendment of provisions on the recording of data in relation to migration, in force since 24 Jan. 2011 (AS 2011 95; BBl 2010 51).
370 Originally: Chapter 14bis. Inserted by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
The disclosure of personal data to the competent authorities of states that are bound by one of the Schengen Association Agreements is regarded as equivalent to the disclosure of personal data between federal bodies.
1 The SEM is the central authority for consultations in connection with visa applications under the Schengen Association Agreements.
2 In this capacity, it may use automated procedures to disclose and retrieve in particular the following categories of data:
3 The Swiss foreign representations may exchange data required at their location for consular cooperation with their partners from states that are bound by a Schengen Association Agreement, and in particular information about the use of forged or falsified documents and about human trafficking networks as well as data of the categories mentioned in paragraph 2.
4 The Federal Council may adapt the categories of personal data mentioned in paragraph 2 to the latest developments of the Schengen Acquis. For this purpose, it shall consult the Federal Data Protection Commissioner.
1 The border control authorities and the transport companies may exchange the personal data required in terms of the duty of care under Article 92 and the obligation to provide assistance under Article 93.
2 For this purpose, they may in particular disclose and retrieve the personal data in accordance with Article 111b paragraph 2 letters b-d.
3 Articles 111a, 111d and 111f apply mutatis mutandis.371
371 Amended by No 1 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
1 Personal data may only be disclosed to third countries if they guarantee an adequate standard of data protection.
2 If a third country fails to guarantee an adequate standard of data protection, personal data may disclosed to this country in individual cases if:
3 In addition to the cases mentioned in paragraph 2, personal data may also be disclosed if in specific cases adequate guarantees ensure appropriate protection of the person concerned.
4 The Federal Council shall determine the extent of the guarantees required and the modalities for providing the guarantees.
5 The data obtained from the Eurodac database may not be transmitted under any circumstances to:
372 Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
373 Repealed by No 1 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
The right to information is governed by the federal or cantonal data protection provisions374. The proprietor of the data collection shall also furnish information on the details available on the origin of the data.
374 Amended by No 1 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
375 Repealed by No 1 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
376 Originally: Chapter14ter. Inserted by Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405 Art. 2 let. a).
1 The border posts and the police authorities in the cantons and communes shall immediately obtain a full set of fingerprints from any foreign national who is over the age of 14, if the person concerned, has entered Switzerland illegally and has not been returned.
2 In addition to the fingerprints, the following data shall be obtained:
3 The data recorded under paragraphs 1 and 2 shall be transmitted to the Central Unit within 72 hours of the person concerned being apprehended. If the person concerned is held in detention for longer than 72 hours, the data must be transmitted before they are released.
4 If the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the Central Unit within 48 hours of fingerprints of acceptable quality being taken. If it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the Central Unit within 48 hours of the impediment ceasing to apply.
5 If the transmission of data is prevented by serious technical problems, an additional period of 48 hours shall be allowed in order to take the measures required to ensure that the system operates correctly again.
6 The border posts and the immigration and police authorities in the cantons and communes may obtain a full set of fingerprints from any foreign national who is over the age of 14 and who is residing illegally in Switzerland in order to establish whether they have already made an application for asylum in another state that is bound by any of the Dublin Association Agreements.
7 The data obtained in accordance with paragraphs 1, 2 and 6 shall be transmitted to the SEM for passing on to the Central Unit.
8 The data transmitted in accordance with paragraphs 1 and 2 shall be stored by the Central Unit in the Eurodac database and shall be automatically erased 18 months after the fingerprints are taken. The SEM shall immediately request the Central Unit to erase the data before this date as soon as it is notified that the foreign national concerned:
9 Articles 102b-102g AsylA378 apply to the procedures under paragraphs 1-8.
377 Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
378 SR 142.31
1 The procedure of the federal authorities is governed by the general provisions of the administration of federal justice.
2 The provisions on time limits do not apply to the procedures in accordance with Articles 65 and 76 paragraph 1 letter b number 5.
379 Removed by No I 1 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Legislation to the Provisions of the Federal Supreme Court Act and the Federal Administrative Court Act, with effect from 1 Jan. 2008 (AS 2006 5599; BBl 2006 7759).
380 Repealed by No 1 1 Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Legislation to the Provisions of the Federal Supreme Court Act and the Federal Administrative Court Act, with effect from 1 Jan. 2008 (AS 2006 5599; BBl 2006 7759).
381 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 Any person who:
is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty.
2 The same penalty applies if, after leaving Switzerland or the international transit zone of the airports, the foreign national enters or makes preparations to enter the sovereign territory of another state in violation of the entry provisions applicable there.382
3 If the offence is committed through negligence, the penalty is a fine.
4 If removal or expulsion proceedings are pending, criminal proceedings that have been commenced solely in respect of an offence under paragraph 1 letters a, b or d shall be adjourned until the removal or expulsion proceedings have reached a legally binding conclusion. If removal or expulsion proceedings are anticipated, the criminal proceedings may be adjourned.383
5 If a sentence is expected for an offence under paragraph 1 letters a, b or d the imposition or execution of which would preclude the imminent enforcement of a legally binding removal or expulsion order, the competent authority shall refrain from any prosecution, committal to court or the imposition of penalties.384
6 Paragraphs 4 and 5 do not apply if the person concerned has re-entered Switzerland in disregard of a ban on entry or if it has not been possible to enforce a removal or expulsion order because of the person's conduct.385
382 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
383 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
384 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
385 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
1 Any person who:
2 In minor cases, a fine may be imposed.
3 The penalty is a custodial sentence not exceeding five years or a monetary penalty and the custodial sentence must be combined with a fine if the offender:
386 Inserted by No I of the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).
387 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 Any person who as an employer wilfully employs foreign nationals who are not entitled to work in Switzerland, or any person who obtains a cross-border service in Switzerland for which the service provider has no permit is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty. In serious cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty. The custodial sentence must be combined with a monetary penalty.
2 Any person who has a legally binding conviction under paragraph 1 and again commits offences under paragraph 1 within five years is liable on conviction to a custodial sentence not exceeding three years or a monetary penalty. The custodial sentence must be combined with a monetary penalty.
3 If the offence is committed through negligence, the penalty is a fine not exceeding 20,000 francs.388
388 Inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
1 Any person who wilfully breaches the obligation to give notice of vacant positions (Art. 21a para. 3) or the obligation to conduct an interview or an aptitude test (Art. 21a para. 4) is liable to a fine not exceeding 40 000 francs.
2 If the offence is committed through negligence, the penalty is a fine not exceeding 20 000 francs.
389 Inserted by No I of the FA of 16 Dec. 2016 (Controlling Immigration and Improving Implementation of the Free Movement Agreements), in force since 1 July 2018 (AS 2018 733; BBl 2016 3007).
1 Any person who deceives the authorities responsible for the implementation of this Act by providing false information or withholding essential information and thereby fraudulently secures the grant of a permit for themselves or another or prevents the withdrawal of a permit is liable on conviction to a custodial sentence not exceeding three years or to a monetary penalty.
2 Any person who, with the intention of circumventing the regulations on the admission and stay of foreign nationals, marries a foreign national or arranges, encourages or facilitates such a marriage is liable on conviction to a custodial sentence not exceeding three years or to a monetary penalty.
3 The penalty is a custodial sentence not exceeding five years or a monetary penalty and the custodial sentence must be combined with a monetary penalty if the offender:
1 Any person who fails to comply with a restriction or exclusion order (Art. 74) is liable on conviction to a custodial sentence not exceeding three years or a monetary penalty.
2 Prosecution, the committal to court or penalties may be dispensed with if the person concerned:
1 Any person who wilfully or through negligence:
is liable on conviction to a fine.
2 In the case of offences against the implementing provisions of this Act, the Federal Council may provide for fines not exceeding 5000 francs.
390 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
391 Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
392 Inserted by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements) (AS 2008 5407; BBl 2007 7937). Repealed by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), with effect from 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
Any person who processes personal data in the C-VIS for purposes other than those specified in Article 109a shall be liable to a fine.
393 Inserted by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements) (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937). Amended by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 11 Oct. 2011 (AS 2010 2063, 2011 4449; BBl 2009 4245).
1 The prosecution and trial of offences under Articles 115-120 and 120d is the responsibility of the cantons. If an offence has been committed in more than one canton, then the canton that initiates the prosecution has jurisdiction.
2 ...395
394 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 11 Oct. 2011 (AS 2010 2063, 2011 4449; BBl 2009 4245).
395 Repealed by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), with effect from 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
396 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 BBl 2013 2561). (AS 2015 3023;
1 Forged and falsified travel documents and identity papers, and genuine travel documents and identity papers where there is specific evidence that they are being used unlawfully may, as directed by of the SEM, be forfeited to authorities or offices or seized for return to their rightful owners.
2 The forfeiture or return under paragraph 1 is also possible if there is specific evidence that genuine travel documents and identity papers are intended for persons who are staying unlawfully in Switzerland.
3 Identity papers under paragraph 1 include identity cards and other documents that indicate the identity of a foreign national.
397 Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
1 If an employer repeatedly violates the provisions of this Act, the competent authority may refuse or only partially authorise the employer's requests for the admission of foreign employees who are not entitled to be granted a permit.
2 The competent authority may also issue a warning that penalties may be imposed.
3 An employer who has employed or sought to employ foreign employees who are not entitled to work shall assume any uncovered costs incurred by the community for subsistence, any accident or illness, and the return journey of the persons concerned.
398 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 Any air carrier that violates its duty of care under Article 92 paragraph 1 shall be required to pay 4000 francs for each person carried who is not in possession of the required travel documents, visa or residence documents. In serious cases, the penalty is 16 000 francs per person. In minor cases, proceedings may be waived.
2 A violation of the duty of care is presumed if the air carrier carries persons who are not in possession of the travel documents, visas, or residence documents required for entry to the Schengen area or for transit through the international transit zones of the airports and who are refused entry.
3 There is no violation of the duty of care where:
4 The Federal Council may provide for exemptions from the penalty under paragraph 1, in particular in situations of war or natural disaster.
399 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 Any air carrier shall be charged 4000 francs for each flight in respect of which it violates its duty to provide data. In serious cases the penalty is 12 000 francs per flight. In minor cases, proceedings may be waived.
2 A violation of the duty to provide data is presumed if the air carrier fails to provide the data in accordance with Article 104 paragraph 3 on time, or if the data provided is incomplete or inaccurate.
3 There is no violation of the duty to provide data where the air carrier proves that:
400 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 Articles 122a and 122b apply irrespective of whether the duty of care or duty to provide data was violated in Switzerland or abroad.
2 The SEM is responsible for imposing penalties for infringements under Articles 122a and 122b.
3 Proceedings are governed by the Administrative Procedure Act of 20 December 1968402. They must be opened:
401 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
402 SR 172.021
1 A fee may be charged for rulings and official acts in accordance with this Act. Cash outlays in connection with procedures in accordance with this Act may be billed separately.
2 The Federal Council shall determine the fees of the Confederation as well as the limits for the cantonal fees.
3 Claims for money made under this Act may be made without any formal procedure. The person concerned may request that a decision be issued.
1 The Federal Council shall supervise the implementation of this Act.
2 The cantons shall issue the required provisions for the implementation of this Act.
The repeal and the amendment of current legislation are regulated in the Annex.
1 The previous legislation remains applicable to requests that were filed before commencement of this Act.
2 The procedure is governed by the new legislation.
3 The time limits in terms of Article 47 paragraph 1 begin with the commencement of this Act if entry took place or the family ties originated before this time.
4 The criminal provisions of this Act apply to offences committed before the commencement of this Act provided they are not as severe for the offenders.
5 Article 107 applies only to readmission and transit agreements concluded after 1 March 1999.
6 On the commencement of the Federal Act of 20 June 2003403 on the Information System for Foreign Nationals and Asylum Matters, Articles 108 and 109 shall be repealed.
403 SR 142.51
1 If there is a reason to issue an intermediate or final account in accordance with Article 87 of the AsylA in the version of 26 June 1998406, before the commencement the amendment of 16 December 2005 of the AsylA, the intermediate or final account and the netting of the account are effected in accordance with the previous legislation.
2 The Federal Council shall regulate the accounting procedure as well as the extent and the duration the special charge and the confiscation of assets of temporarily admitted persons who were in employment before the commencement of the Amendment of 16 December 2005 to the AsylA and for whom there was no reason to issue a final account in accordance with paragraph 1 at the time of the amendment of 16 December 2005 of the AsylA.
3 The new legislation subject to paragraphs 1 and 2 of these transitional provisions applies to the procedures in accordance with Articles 85-87 of the AsylA in its version of 26 June 1998 that were pending at the time of the commencement the Amendment of 16 December 2005 to the AsylA.
4 Subject to the paragraphs 5-7, the new legislation applies to persons who were temporarily admitted at the time of the commencement of the Amendment of 16 December 2005 to the AsylA as well as of this Act. If temporary admission was ordered on the basis of Article 44 paragraph 3 of the AsylA, it continues to apply.
5 For persons who were admitted at the time of the commencement of the Amendment of 16 December 2005, the Confederation shall pay the cantons flat-rate payments in accordance with Articles 88 paragraphs 1 and 2 and 89 of the AsylA for the duration of temporary admission, but for a maximum of seven years from the date of entry. In addition the Confederation shall pay the cantons to a one-time contribution for persons who were temporarily admitted at the time of the commencement of the Amendment of 16 December 2005 to the AsylA with the intention in particular of facilitating professional integration. The Federal Council shall determine the amount.
6 The current legislation applies to procedures in accordance with Article 20 paragraph 1 letter b of the Federal Act of 26 March 1931 on the Residence and Permanent Settlement of Foreign Nationals (ANAG) in its version of 19 December 2003407 that are pending at the time of the commencement of the Amendment of 16 December 2005 to the AsylA.
7 If temporary admission was revoked in a legally binding decision before the commencement of the Amendment of 16 December 2005 to the AsylA, the Confederation shall pay the cantons a one-time flat-rate payment of 15 000 francs, provided the persons concerned have not yet left Switzerland.
404 Inserted by No IV 2 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 3709).
405 SR 142.31
406 AS 1999 2262
407 AS 2004 1633
Until the national visa system comes into force, Articles 109c and 120d are worded as follows:
...409
408 Inserted by Art. 2 No 1 of the FD of 11 Dec. 2009 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of the Regulation and Decision concerning the Visa Information System (VIS), in force since 11 Oct. 2011 (AS 2010 2063, 2011 4449; BBl 2009 4245).
409 The amendments may be consulted under AS 2011 4449.
Administrative criminal proceedings relating to a violation of the duty of care or duty to provide data that are pending when the Amendment of 20 June 2014 to this Act comes into force shall be continued under the previous law.
410 Inserted by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
1 The previous law applies for no longer than two years to asylum seekers whose application for asylum cannot be processed in the federal centres.
2 In pending proceedings under Articles 76 paragraph 1 letter b number 5 and 76a paragraph 3, Article 80 paragraph 1 third sentence and paragraph 2bis, Article 80a paragraphs 1 and 2 of this Act and Article 108 paragraph 4, 109 paragraph 3, 110 paragraph 4 letter b, 111 letter d AsylA412 apply in their previous version.
411 Inserted by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
412 SR 142.31
With the commencement the Schengen Association Agreements, this Act shall be amended as follows:
...413
413 The amendments may be consulted under AS 2007 5437.
1 This Act is subject to an optional referendum.
2 The Federal Council shall determine the commencement date.
Commencement date: 1 January 2008414
Articles 92-95, and 127: 12 December 2008415
414 FCD of 24 Oct. 2007
415 Art. 2 let. a of the O of 26 Nov. 2008 (AS 2008 5405 Art. 2 let. a).
1 Subject to paragraph 2 below, the new law applies to proceedings that are pending at the time that the Amendment of 14 December 2012 to this act comes into force.
2 Article 83 paragraphs 5 and 5bis of this Act does not apply to proceedings that are pending at the time that the Amendment of 14 December 2012 to this act comes into force.
3 Airport operators are responsible for making accommodation at the airport in accordance with Article 95a available within two years of the Amendment of 14 December 2012 to this Act coming into force.
417 Inserted by No III para. 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
(Art. 2 para. 4 and 64a para. 4)
The Schengen Association Agreements comprise:
The Dublin Association Agreements comprise:
427 Originally: Annex.
(Art. 125)
I
The Federal Act of 26 March 1931428 on the Residence and Permanent Settlement of Foreign Nationals is repealed.
II
The following federal acts are amended as follows:
...429
428 [BS 1 121; AS 1949 221, 1987 1665, 1988 332, 1990 1587 Art. 3 para. 2, 1991 362 No II 11 1034 No III, 1995 146, 1999 1111 2262 Annex No 1, 2000 1891 No IV 2, 2002 685 No I 1 701 No I 1 3988 Annex No 3, 2003 4557 Annex No II 2, 2004 1633 No I 1 4655 No I 1, 2005 5685 Annex No 2, 2006 979 Art. 2 No 1 1931 Art. 18 No 1 2197 Annex No 3 3459 Annex No 1 4745, 2007 359 Annex No 1]
429 The amendments may be consulted under AS 2007 5437.