Provisional admission — F permit

Temporarily admitted foreign nationals are persons who have been ordered to leave Switzerland and return to their native countries but in whose cases enforcement of this order has proved unlawful (violation of international law), unreasonable (genuine risk to the foreign national concerned) or impossible (for technical reasons of enforcement). Their temporary admission is therefore an alternative measure.

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.

Temporary admission shall not be ordered in terms of paragraphs 2 and 4 if the person subject to a return decision or an expulsion order: 262 a. 263 has been sentenced to a long-term custodial sentence in Switzerland or abroad or has been made subject to a criminal law measure in terms of Article 59–61 or 64 of the SCC 264 ; b. has seriously or repeatedly violated or represented a threat to public security and order in Switzerland or abroad or represented a threat to internal or the external security; or c. 265 has made their removal impossible by their own conduct.

If the enforcement of removal is not possible, not permitted or not reasonable, SEM shall order temporary admission.

Temporary admission may be requested by the cantonal authorities.

If asylum is not granted, the State Secretariat for Migration examines whether the rejected asylum seeker can indeed be expelled from Switzerland. This must be in accordance with Switzerland’s international obligations; e.g. it may not contravene the 1951 Geneva Refugee Convention. Moreover, it must be possible and not unreasonable for the person to return to their home country or a third country considering the general situation in the country in question. If this is not the case, the person is granted temporary protection in Switzerland.

SEM periodically examines whether the requirements for temporary admission are still met.

Applications for a residence permit made by temporarily admitted foreign nationals who have resided in Switzerland for more than five years are closely examined relating to integration, family circumstances and the reasonableness of return to the country of origin.

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.