Status S hardship B permit after five years

Your canton, with the consent of SEM, may grant you a B permit on the grounds of hardship under Article 14 paragraph 2 of the Asylum Act in conjunction with Art. 31 ASEO and Art. 58a FNIA if:

you have been recognised as a person in need of protection and have lived in Switzerland continuously for at least five years since submitting your application for protection status S,

Under the following circumstances, a stay abroad may result in protection status S being rescinded: if the focus of a person in need of protection’s living arrangements shifts abroad, temporary protection status in Switzerland expire (see Art. 79 let. a AsylA). SEM examines each case individually. A shift in the focus of a person’s living arrangements is presumed to have occurred if the stay abroad exceeds two months, but the presumption can be challenged (for example in the case of temporary study stays of more than two months or work-related assignments abroad).

If a person in need of protection in Switzerland returns to Ukraine for more than 15 days in any half-year, SEM may revoke their temporary protection status in Switzerland (Art. 78 para. 1 let. c AsylA; Art. 51 AsylO 1). SEM will not revoke temporary protection if the person concerned returns to Ukraine for more than 15 days in any half-year for compelling reasons (e.g. a death or serious illness in the family) or in order to prepare for returning permanently to Ukraine.

you have always kept the authorities informed of where you are living, you are integrated into life in Switzerland to such an extent that leaving would cause serious personal hardship, no grounds for revocation under Article 62 paragraph 1 FNIA apply and you have made no attempt to conceal your identity (Art. 31 para. 2 ASEO).

Yes. If you meet the conditions set out in Article 14 paragraph 2 of the Asylum Act, you can submit an application to your local cantonal migration authority and provide the required supporting documents.