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Temporary stay for trafficking victim, witness or protected cooperating person

SwitzerlandHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

A foreign-nationals-law protection instrument, not asylum: a recovery and reflection period (at least 30 days, set according to individual need), followed where needed by a short-term residence permit for the expected duration of the police investigation or court proceedings (Art. 30 para. 1 let. e FNIA with Art. 36 ASEO); separately, a residence permit within an out-of-court witness protection programme. These instruments serve victim protection and facilitate prosecution of the perpetrators.

See recorded sources

Which population, circumstances or geographic group does the mechanism cover?

Foreign nationals without regulated residence where there are reasonable indications that they are a victim or witness of human trafficking; and foreign nationals in out-of-court witness protection, where there is a final decision to run a witness protection programme or an agreement to take over a person to be protected from abroad.

See recorded sources

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The reflection period may be requested by the victim, the prosecution authorities or the specialised counselling centre (with a power of attorney) and is approved where there is reasonable suspicion of trafficking; victims may go directly to a specialised centre without police involvement. Before the reflection period ends, the investigating/court authorities tell the cantonal migration authority whether and how long further presence is needed; the migration authority of the canton where the offence was committed then issues a short-term permit (if several cantons investigate, the canton of last stay).

See recorded sources

What happens after the request: registration, family handling, major support and rights where officially stated?

During the reflection period no removal measures are enforced; a written confirmation (toleration) suffices for checks and shows neither whereabouts nor reason for the stay; the period creates no entitlement to a later residence permit. On the short-term permit the address is not entered (PO box or protected address). Employment can be authorised with an employer application, customary pay and working conditions and suitable housing. The prosecution authority informs the specialised centre, which provides counselling under the Victim Assistance Act (OHG). When the reflection period ends or presence is no longer needed, the person must leave, but further stay may be granted for serious personal hardship; temporary admission remains possible.

See recorded sources

Which competent authority, UN body or official assistance channel should the person use?

Victims are usually identified through police investigations or contact specialised centres themselves (victim counselling centres, specialised NGOs, victim support centres), which usually accompany them after identification. The cantonal migration authority issues the permits, and issue and extension are submitted to SEM for approval.

See recorded sources
Limits of the record
  • No named hotline or fraud warning in the captured sources.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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