Key Benefits:
This Law regulates the entry into Switzerland and the exit of Switzerland, the stay of foreigners and the reunification of the family. It also regulates the encouragement of the integration of foreigners.
1 This Law shall apply to foreigners in so far as their legal status is not regulated by other provisions of federal law or by international treaties concluded by Switzerland.
2 It shall apply to nationals of the Member States of the European Community (EC), members of their families and workers posted by an employer having its registered office or domicile in one of these States only to the extent that the agreement of the 21 June 1999 between, on the one hand, the Swiss Confederation, and on the other, the European Community and its Member States on the free movement of persons 1 Otherwise, or where this Act provides for more favourable provisions.
3 It shall not apply to nationals of the Member States of the European Free Trade Association (EFTA), to members of their families and to workers posted by an employer having its registered office or domicile in one of those states. Measure where the agreement of 21 June 2001 amending the Convention establishing the European Free Trade Association 2 Otherwise, or where this Act provides for more favourable provisions.
4 The provisions on the visa procedure as well as the entry into Switzerland and the exit from Switzerland apply only to the extent that the association agreements in Schengen do not contain divergent provisions. 3
5 The association agreements in Schengen are listed in Annex 1, c. 1. 4
1 RS 0.142.112.681
2 RS 0.632.31 (The relations between Switzerland and Liechtenstein are governed by the Prot. Of 21 June 2001, which forms an integral part of the Ac. Amending the EFTA).
3 Introduced by Art. 127. New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
4 Introduced by ch. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
1 The admission of foreigners for the purpose of a gainful occupation must serve the interests of the Swiss economy; the chances of sustainable integration in the Swiss labour market and in the social environment are decisive. The cultural and scientific needs of Switzerland are taken into account appropriately.
2 Foreigners are also admitted when humanitarian reasons or commitments under international law require or depend on the unity of the family.
3 At the admission of foreigners, the socio-demographic evolution of Switzerland is taken into account.
1 The aim of the integration of foreigners is to promote the coexistence of the Swiss and foreign populations on the basis of constitutional values and mutual respect and tolerance.
2 It must allow foreigners whose stay is legal and sustainable to participate in economic, social and cultural life.
3 Integration implies, on the one hand, that foreigners are willing to integrate, on the other hand that the Swiss population is open to them.
4 It is essential for foreigners to become familiar with society and the way of life in Switzerland and, in particular, to learn a national language.
1 To enter Switzerland, any foreigner must:
2 If he is planning a temporary stay, he must guarantee that he will leave Switzerland.
4 The Federal Council shall designate the legitimising documents recognised for the crossing of the border. 2
1 Repealed by Art. 127, with effect at 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
2 New content according to Art. 127, effective since 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
1 On the mandate of the competent federal or cantonal authority, the visa shall be established by the Swiss representation abroad or by another authority designated by the Federal Council.
2 When the establishment of the visa for a stay not subject to authorisation (Art. 10) is refused, the representation abroad makes a decision by means of a form on behalf of the State Secretariat for Migration (SEM) 1 Or the Federal Department of Foreign Affairs (FDFA), depending on the area of competence. The Federal Council may provide that other services of the FDFA are also empowered to make decisions on behalf of the FDFA. 2
2bis A decision within the meaning of para. 2 may be the subject of written opposition to the authority which issued it (SEM or DFAE) within 30 days. Art. 63 of the Federal Act of 20 December 1968 on administrative procedure 3 Is applicable by analogy. 4
3 A statement of limited duration support, surety or any other guarantee may be required to cover the possible cost of stay, care and return. 5
1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
2 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
3 RS 172.021
4 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU on the recovery of the R and D relating to the VIS ( RO 2010 2063 ; FF 2009 3769 ). New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 (RO 2015 3023; FF 2013 2277).
5 New content according to Art. 127, effective since 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
1 The entry into Switzerland and the exit of Switzerland are governed by the association agreements in Schengen.
2 The Federal Council regulates the control of persons at the border authorised by these agreements. When the entry into Switzerland is refused, the authority responsible for border control makes a removal order according to Art. 64. 2
3 If the checks at the Swiss border are reintroduced provisionally according to Art. 24, 25 or 26 of the Schengen Borders Code 3 And that entry is refused, the competent authority for border control shall make a reasoned decision and subject to recourse by means of the form according to Annex V, Part B, of the Schengen Borders Code. The refusal of entry is immediately enforceable. The action shall not have suspensory effect. 4
1 New content according to Art. 127, effective since 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
2 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
3 R (CE) n O 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code on the regime for the crossing of borders by persons (Schengen Borders Code), OJ L 105, 13.4.2006, p. 1; last amended by R (EU) n O 1051/2013, OJ L 295, 6.11.2013, p. 1.
4 Introduced by Art. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the resumption of the Schengen Borders Code ( RO 2008 5629 5405 s. 2 let. B; FF 2007 7449 ). New content as per Schedule to FY 26 Sept. 2014 (Recovery of R (EU) n O 1051/2013 amending the Schengen Borders Code to establish common rules on the temporary reintroduction of internal border control), in force since 1 Er March 2015 (RO 2015 535; FF 2014 3225).
1 Repealed by Art. 127, with effect at 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
1 A foreigner may stay in Switzerland without engaging in a gainful occupation for three months without authorization, unless the duration of the visa is shorter.
2 A foreigner who provides for a longer stay without a gainful occupation must hold an authorisation. It must seek it before entering Switzerland with the competent authority of the place of residence envisaged. Art. 17, para. 2, is reserved.
1 Any foreigner who intends to engage in a gainful occupation in Switzerland must hold an authorization, regardless of the length of his or her stay. It shall apply to the competent authority of the workplace under consideration.
2 Any self-employed or self-employed activity that normally provides a gain, even if exercised free of charge, is considered to be a gainful occupation.
3 In the case of employment, the application for authorisation shall be filed by the employer.
1 A foreigner who is required to obtain short-term authorisation, residence or establishment must declare his or her arrival to the competent authority of his or her place of residence or work in Switzerland before the end of the period not subject to authorisation or before the end of that period. Start of the lucrative business.
2 He is required to declare his arrival to the competent authority of the new place of residence if he or she moves to a new township or commune.
3 The Federal Council shall fix the time limits in which the arrival must be declared.
1 Any foreigner must produce a valid piece of legitimation when he declares his or her arrival. The Federal Council refers to recognised exceptions and legitimising documents.
2 The competent authority may require the presentation of an extract from the criminal record of the country of origin or source or of other documents necessary for the procedure.
3 The alien shall only be permitted to declare his arrival once in possession of all the documents required by the competent authority for the granting of the authorisation.
The Federal Council may provide for more favourable provisions concerning the requirement to obtain an authorisation or declare its arrival, in particular with a view to facilitating temporary cross-border services.
Any foreigner holding an authorisation must declare his departure from Switzerland or his departure for another canton or commune to the competent authority of his place of residence.
The person who places a foreigner on a lucrative basis must declare it to the competent cantonal authority.
1 A foreigner who has entered Switzerland legally for a temporary stay that subsequently files an application for a permanent residence permit must wait for the decision abroad.
2 The competent cantonal authority may authorise the alien to stay in Switzerland during the procedure if the conditions of admission are manifestly fulfilled.
A foreigner may be admitted for the purpose of performing a gainful employment under the following conditions:
A foreigner may be admitted for the purpose of carrying out an independent gainful occupation under the following conditions:
1 The Federal Council may limit the number of initial authorisations and the number of initial residence permits (Art. 32 and 33) granted for the purpose of carrying out a gainful occupation. It hears the cantons and the social partners beforehand.
2 It may set a maximum number of authorizations for the Confederation and for each canton.
3 The SEM may, within the limits of the quota of the Confederation, grant initial authorizations of short duration or residence or raise the quota of a canton. It takes into account the needs of the canton and the economic interests of the country.
1 A foreigner may be admitted for the purpose of carrying on a gainful occupation only if it is shown that no worker in Switzerland or any national of a State with whom an agreement has been concluded on the free movement of persons corresponding to the Required profile could not be found.
2 The following are considered workers in Switzerland:
3 In derogation from para. 1, a foreigner with a degree from a high school in Switzerland may be admitted if his or her gainful occupation is of paramount scientific or economic interest. He is provisionally admitted for six months from the end of his training or development in Switzerland to find such an activity. 1
1 Introduced by ch. I of the LF of 18 June 2010 (Facilitate the admission of foreign graduates of a Swiss high school), in force since 1 Er Jan 2011 ( RO 2010 5957 ; FF 2010 373 391).
A foreigner may be admitted for the purpose of performing a gainful occupation only on the basis of the usual remuneration and working conditions of the place, profession and branch.
1 Only managers, specialists or other skilled workers can obtain short-term or temporary residence permits.
2 In the event of the granting of a residence permit, the professional qualification of the alien, his or her capacity for professional and social adaptation, his or her linguistic knowledge and age must also imply that he will be permanently integrated into the The professional and social environment.
3 May be allowed, in derogation from paras. 1 and 2:
A foreigner may be admitted for the purpose of performing a gainful occupation only if he or she has adequate housing.
1 A foreigner may not be admitted for the purpose of carrying on a gainful occupation as a frontier:
2 Art. 20, 23 and 24 are not applicable.
1 A foreigner may be admitted for training or development under the following conditions:
2 If he is a minor, his/her care must be ensured.
3 The continuation of the stay in Switzerland after the completion or interruption of the training or development shall be governed by the general conditions of admission provided for in this Law. 2
1 New content according to the c. I of the LF of 18 June 2010 (Facilitate the admission of foreign graduates of a Swiss high school), in force since 1 Er Jan 2011 ( RO 2010 5957 ; FF 2010 373 391).
2 Introduced by ch. I of the LF of 18 June 2010 (Facilitate the admission of foreign graduates of a Swiss high school), in force since 1 Er Jan 2011 ( RO 2010 5957 ; FF 2010 373 391).
A foreign national who is no longer engaged in a gainful occupation may be admitted to the following conditions:
A foreigner may be admitted for medical treatment. The financing and departure of Switzerland must be guaranteed.
1 It is possible to derogate from the conditions of admission (Art. 18 to 29) for the following purposes:
2 The Federal Council shall lay down the general conditions and shall adopt the procedure.
1 New content according to the c. 1 of the annex to the LF of 23 Dec. 2011 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6715 ; FF 2011 1 ).
2 Repealed by c. I of the LF of 18 June 2010 (Facilitate the admission of foreign graduates of a Swiss high school), with effect from 1 Er Jan 2011 ( RO 2010 5957 ; FF 2010 373 391).
3 RS 142.31
1 Stateless persons in Switzerland are entitled to a residence permit in the canton in which they are legally resident.
2 Art. 83, para. 8, relating to persons admitted provisionally, is applicable to stateless persons who have committed an act bringing together the constituent elements described in Art. 83, para. 7.
3 Stateless persons who are entitled to a residence permit and who have been legally resident in Switzerland for at least five years are entitled to an establishment authorization.
1 Short-term authorisation shall be granted for a period of limited duration of one year or more.
2 It shall be granted for a stay whose purpose is determined and may be accompanied by other conditions.
3 Its period of validity may be extended to a total duration of two years. A change in employment is granted only for major reasons.
4 A new short-term authorisation may only be granted after an appropriate period of stay in Switzerland has been suspended.
1 The residence permit shall be granted for a stay of more than one year.
2 It shall be granted for a stay whose purpose is determined and may be accompanied by other conditions.
3 Its duration of validity is limited, but may be extended if there is no ground for revocation within the meaning of s. 62.
1 The authorisation of establishment shall be granted for an indefinite period without conditions.
2 The competent authority may grant an establishment authorisation to a foreigner under the following conditions:
3 The authorisation of establishment may be granted at the end of a shorter stay if there are major reasons for it.
4 It may be granted at the end of an uninterrupted period of five years in respect of a residence permit when the alien is well integrated in Switzerland, in particular when he has good knowledge of a national language.
5 Temporary stays shall not be taken into account in the uninterrupted stay of five years provided for in paras. 2, let. A, 4. Stay for training or development purposes (art. 27) are taken into account when, once they have been completed, the alien has been in possession of a permanent residence permit for two years without interruption. 1
1 New content according to the c. I of the LF of 18 June 2010 (Facilitate the admission of foreign graduates of a Swiss high school), in force since 1 Er Jan 2011 ( RO 2010 5957 ; FF 2010 373 391).
1 Border authorization is granted for the purpose of carrying out a gainful occupation in a border area (Art. 25).
2 The holder must return to his or her place of residence at least once a week; the border authorization may be subject to other conditions.
3 Its duration of validity is limited but may be extended.
4 After an uninterrupted period of five years, the holder is entitled to the extension if there is no ground for revocation within the meaning of s. 62.
The holder of a short-term authorisation, residence or establishment may freely choose his place of residence in the territory of the canton which has granted the authorisation.
1 If the holder of a short-term authorisation or residence wants to move his place of residence to another canton, he must first seek authorisation from the latter.
2 The holder of a residence permit is entitled to the change of the canton if he is not unemployed and there is no reason for dismissal within the meaning of s. 62.
3 The holder of an establishment authorization is entitled to the change of the township if there is no reason for revocation within the meaning of s. 63.
4 A temporary stay in another canton does not require authorisation.
1 The holder of a short-term authorisation admitted for the purpose of performing a gainful or self-employed activity may exercise it throughout Switzerland. It may be granted leave to change employment where there are major reasons for it and the conditions laid down in s. 22 and 23 are completed.
2 The holder of a residence permit admitted for the purpose of performing a gainful or self-employed activity may exercise it throughout Switzerland. He or she may change jobs without further authorization.
3 The holder of a residence permit admitted with a view to the exercise of a gainful occupation who wishes to undertake an independent gainful occupation may obtain an authorisation if he fulfils the conditions laid down in Art. 19, let. A and b.
4 The holder of an establishment authorisation may engage in gainful employment or self-employment throughout Switzerland.
1 The holder of a border authorization may engage in a temporary gainful occupation outside the border area. If it intends to move the centre of its activity in the border area of another canton, it must seek prior authorisation from the latter. After an uninterrupted period of five years, he is entitled to the change of canton.
2 A holder of a border authorization who wishes to change employment may obtain an authorization if the conditions of s. 21 and 22 are fulfilled. After a gainful occupation of five years, he is entitled to change of employment.
3 The holder of a frontier authorization admitted for the purpose of engaging in a gainful occupation who wishes to undertake an independent gainful occupation may obtain an authorisation if he meets the conditions laid down in Art. 19, let. A and b.
1 The authorizations provided for in s. 32 to 35 and 37 to 39 are granted by the cantons. The powers of the Confederation are reserved for limiting measures (Art. 20), derogations from the conditions of admission (Art. 30) and approval procedure (art. 99).
2 Where a foreigner does not have a right to engage in a gainful occupation, a prior cantonal labour market decision is necessary in order to admit it for the purpose of carrying out a gainful occupation, as well as to authorise it to Change jobs or move from gainful employment to self-employment.
3 When a canton files a request for the granting of short-term or residence permits attributable to the quota of the Confederation, the prior decision on the labour market is given by the SEM.
1 A foreign national generally receives a residence permit that indicates the type of authorization he or she holds.
2 A foreign national admitted on a provisional basis (art. 83) receives a residence permit which indicates its legal status.
3 For control purposes, the residence permit of the holder of an establishment authorisation shall be granted for a period of five years.
4 The residence permit may be fitted with a chip. It contains the photograph and fingerprints of the holder and the data entered in the machine-readable area. 1
5 The Federal Council defines which persons have a smart residence permit and what data are to be recorded there. 2
6 The SEM determines the form and content of residence permits. It may entrust third parties, in whole or in part, with the preparation of residence permits. 3
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
2 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
3 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
1 The chip must be protected against tampering and unauthorized reading. The Federal Council sets the technical requirements.
2 The Federal Council is authorised to conclude treaties concerning the reading of fingerprints recorded on the chip with the states bound by one of the association agreements in Schengen and other states, provided that the states concerned Have data protection similar to that applied by Switzerland.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
1 The centre responsible for the production of biometric residence permits and the general undertakings involved must prove that they meet the following conditions:
2 Economic beneficiaries, persons holding interests in the undertaking, who are members of the board of directors or of a comparable body or of management, as well as other persons exercising or being able to exercise A decisive influence on the business or on the production of residence permits must have a good reputation. They may be subject to security checks in accordance with Art. 6 of the Ordinance of 19 December 2001 on security checks on persons 2 .
3 The SEM may at any time require the documents necessary for the verification of the conditions mentioned in paras. If the centre responsible for the production of residence permits is part of a group of undertakings, these conditions apply to the whole group.
4 The provisions set out in paras. 1 to 3 are applicable to service providers and suppliers where the benefits provided are of decisive importance in the production of residence permits.
5 The Federal Council shall determine the other conditions applicable to the centre responsible for the production of residence permits, general undertakings, service providers and suppliers.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
2 RS 120.4
1 The spouse of a Swiss national and his or her unmarried children under the age of 18 are entitled to the grant of a residence permit and to the extension of the period of validity provided that they live together with him.
2 The members of the family of a Swiss national holding a permanent residence permit issued by a State with which Switzerland has concluded an agreement on the free movement of persons are entitled to the grant of a residence permit and The extension of its validity. The following are considered members of his family:
3 After an uninterrupted legal stay of five years, the spouse is entitled to the grant of an establishment authorisation.
4 Children under the age of twelve are entitled to the grant of an establishment authorisation.
1 The foreign spouse of the holder of an establishment authorisation, as well as his unmarried children under the age of 18, are entitled to the grant of a residence permit and to the extension of the period of validity, provided that they live in Common household with him.
2 After an uninterrupted legal stay of five years, the spouse is entitled to the grant of an establishment authorisation.
3 Children under the age of twelve are entitled to the grant of an establishment authorisation.
The competent authority may grant a residence permit to the foreign spouse of the holder of a residence permit and to his unmarried foreign children under the age of 18 under the following conditions:
The foreign spouse of the holder of a short-term authorization, as well as his or her unmarried children under the age of 18, may obtain short-term authorization under the following conditions:
If the examination of the conditions of family reunion defined in Art. 42 to 45 reveals evidence of an absolute cause of nullity of marriage within the meaning of s. 105, c. 5 or 6, of the Civil Code (CC) 2 , the competent authorities shall inform the authority referred to in Art. 106 CC. The procedure is suspended until the decision of that authority. If an action is taken, the suspension is extended until a judgment is rendered and entered into force.
1 Introduced by ch. I 1 of the PMQ of 15 June 2012 concerning measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
2 RS 210
The foreign spouse of a Swiss national or the holder of an authorization to establish or stay, as well as his foreign children (art. 42 to 44) may be gainfully employed or self-employed throughout Switzerland.
1 Family reunion must be requested within five years. For children over the age of 12, the consolidation must take place within 12 months.
2 These time limits do not apply to family reunification under s. 42, para. 2.
3 Delays begin to run:
4 After this period, deferred family reunion is authorised only for major family reasons. If necessary, children over the age of 14 years are heard.
1 A child is entitled to the grant of a residence permit and to the extension of his/her term of validity under the following conditions:
2 If the planned adoption does not take place, the child is entitled to the extension of his/her residence authorisation and, five years after his arrival, to the grant of an establishment authorisation.
The common household requirement under ss. 42 to 44 is not applicable where the family community is maintained and there are major reasons for the existence of separate homes.
1 After dissolution of the family, the right of the spouse and the children to the grant of a residence permit and the extension of its period of validity under Art. 42 and 43 remain in the following cases:
2 The major personal reasons referred to in para. 1, let. B, are given in particular where the spouse is a victim of domestic violence, that the marriage has been concluded in violation of the free will of one of the spouses or that the social reintegration in the country of origin appears to be highly compromised. 1
3 The period for granting the establishment authorisation is set out in Art. 34.
1 New content according to the c. I 1 of the PMQ of 15 June 2012 concerning measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
1 The rights under s. 42 are extinguished in the following cases:
2 The rights under s. 43, 48 and 50 are extinguished:
The provisions of this chapter concerning the foreign spouse shall apply mutatis mutandis to registered partners of the same sex.
1 In carrying out their tasks, the Confederation, the cantons and the municipalities take account of the objectives of the integration of foreigners.
2 They create conditions conducive to equal opportunities and to the participation of foreigners in public life.
3 They encourage, in particular, language learning, professional promotion and health prevention measures; they support efforts to foster mutual understanding between Swiss populations and To facilitate coexistence.
4 They take into account the specific integration needs of women, children and adolescents.
5 Integration is a task that the Confederation, the cantons, the municipalities, the social partners, non-governmental organisations and foreign organisations have to do in common.
1 The granting of a residence permit or short-term authorisation may be linked to participation in a language course or an integration course. This principle also applies to the granting of authorisation in the context of family reunion (Art. 43 to 45). The obligation to participate in a course may be laid down in an integration agreement.
2 The competent authorities shall take account of the degree of integration when granting an establishment licence (Art. 34, para. 4) and in the exercise of their discretion (Art. 96), particularly in the case of removal, expulsion or prohibition of entry into Switzerland.
1 The Confederation provides financial contributions to the integration of foreigners under paras. 2 and 3. These contributions supplement the cantons' expenditure on integration.
2 Contributions for persons admitted on a provisional basis, recognised refugees and persons to be protected by a residence permit, for which the Confederation reimburses the cantons for the costs of social assistance under Of Art. 87 of this Law and of Art. 88 and 89 LAsi 2 , are granted to the cantons in the form of packages for the integration or financing of cantonal integration programmes. They can be linked to the achievement of socio-political objectives and restricted to certain categories of people.
3 Other contributions are made to fund cantonal integration programmes, as well as programmes and projects of national importance aimed at encouraging the integration of foreigners, irrespective of their status. Coordination and implementation of programme and project activities may be entrusted to third parties.
4 The Federal Council fixes the amount of contributions made by the Confederation under paras. 2 and 3.
5 It defines the areas which are the subject of incentive measures and sets out the procedures for the procedure laid down in paras. 2 and 3.
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Jan 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
2 RS 142.31
1 The Confederation, the cantons and the municipalities shall ensure that appropriate information is provided to foreigners concerning living and working conditions in Switzerland and in particular their rights and obligations.
2 Courses and other integration measures are brought to the attention of foreigners.
3 The Confederation, the cantons and the communes inform the population about the migration policy and the special situation of foreigners.
1 SEM coordinates the integration of foreigners in federal services, particularly in the areas of unemployment insurance, vocational training and health.
2 It ensures the exchange of information and experiences with the cantons.
3 For integration matters, the cantons designate a service responsible for contacts with the SEM.
1 The Federal Council established a Consultative Commission composed of foreigners and Swiss.
2 The Committee deals with the social, economic, cultural, political, demographic and legal issues raised by the entry into Switzerland, the stay and the return of foreigners, including persons in the field of asylum.
3 It collaborates with the relevant federal, cantonal and municipal services and with non-governmental organisations active in the field of migration, in particular with the committees for foreigners active in the field of integration. Cantonal and communal plans. It participates in the exchange of views and experiences at international level.
4 It can be heard on the substantive issues relating to the promotion of integration. It is entitled to request financial contributions to the SEM for the implementation of integration projects of national importance.
5 The Federal Council may entrust other tasks to the committee.
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Jan 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
2 The designation of the administrative unit has been adapted to 1 Er Jan 2016 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
1 The SEM may establish travel documents for foreign nationals without any legitimation.
2 Are entitled to travel documents:
3 A foreigner who is seriously or repeatedly awaiting security and public order in Switzerland or abroad, puts them at risk or poses a threat to the internal or external security of Switzerland is not entitled to travel documents.
4 The seizure of biometric data may be partially or completely delegated to third parties, as well as the transmission of the required data to the centre responsible for producing the travel document. Art. 6 A The Act of 22 June 2001 on identity documents 4 Is applicable by analogy. 5
5 Travel documents issued to foreigners may be fitted with a chip. The chip may contain a photograph and the holder's fingerprints. Other data provided for in s. 111, para. 2, let. A, c and e can also be stored in the chip. Art. 2 A Of the Act of 22 June 2001 on identity documents shall apply mutatis mutandis. 6
6 The Federal Council determines the types of travel documents for foreigners with a chip and the data to be recorded there. 7
1 Rectified by the Ass CoR. Fed. (art. 58, para. 1, LParl; RS 171.10 ).
2 RS 0.142.30
3 RS 0.142.40
4 RS 143.1
5 New content according to Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
6 Introduced by Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
7 Introduced by Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
1 The Confederation may authorise a foreigner who leaves Switzerland voluntarily and within the prescribed time limits to benefit from the return and reintegration assistance programmes.
2 Persons may benefit from the return and reintegration assistance programmes:
3 Return and reintegration assistance includes:
4 The Federal Council sets the conditions and defines the procedure for the payment and counting of contributions.
1 RS 142.31
2 New content according to the c. IV 2 of the LF of 16 Dec. 2005, in force since 1 Er Jan 2008 ( RO 2006 4745 , 2007 5573; FF 2002 6359 ).
1 The authorization ends:
2 If a foreigner leaves Switzerland without declaring his departure, the short-term authorisation automatically terminates after three months, the authorisation of residence or establishment after six months. Upon request, the establishment authorization may be maintained for four years.
The competent authority may revoke an authorisation, with the exception of the authorisation of establishment, or another decision based on this Law, in the following cases:
1 The authorisation of establishment may be revoked only in the following cases:
2 The authorization to establish a foreigner who has been lawfully and without interruption in Switzerland for more than fifteen years can be revoked only for the reasons mentioned in para. 1, let. B, and art. 62, let. B.
1 The competent authorities shall make an ordinary decision against:
2 A foreigner who illegally stays in Switzerland and has a valid residence permit issued by another State bound by one of the association agreements in Schengen 2 (Schengen state) is invited without a formal decision to go immediately to that state. If it does not comply with that invitation, a decision within the meaning of para. 1 is rendered. If there are grounds for safety, public order, internal or external security, a decision shall be made without a prior invitation.
3 The decision referred to in para. 1, let. A and b, may be appealed within five working days of notification. The action shall not have suspensory effect. The appeal authority shall decide within ten days on the return of the suspensory effect.
4 The competent cantonal authorities shall immediately appoint a person of trust to represent, during the referral procedure, the interests of the unaccompanied minor alien.
5 The Federal Council defines the role, competencies and duties of the trusted person designated under para. 4. 3
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 These Acts are listed in Appendix 1, c. 1.
3 Introduced by ch. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection) in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
1 Where another State bound by one of the Association Agreements in Dublin (al. 4) is competent to conduct the asylum and removal procedure under the provisions of the Regulation (EU) n O 204/2013 2 (Dublin State), the SEM makes a removal order against a foreigner staying illegally in Switzerland. 3
2 The removal order may be appealed within five working days of its notification. The action shall not have suspensory effect. A foreign national may request that the suspensive effect be granted during the appeal period. The Federal Administrative Court shall act within five days of the filing of the application. Where the suspensory effect is not granted within that period, the reference may be carried out.
3 The canton of residence of the person concerned is competent for the execution of the reference and, if necessary, for the payment and financing of social assistance or emergency aid.
3bis Art. 64, para. 4, applies in respect of unaccompanied minors. 4
4 The association agreements in Dublin are set out in Annex 1, c. 2.
1 Introduced by ch. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association with Schengen and Dublin; RO 2008 5407 ; FF 2007 7449 ). New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 (RO) 2010 5925; FF 2009 8043).
2 R (EU) n O 604/2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection introduced in one of the Member States by a Member State Third-country national or stateless person (recast version), OJ L 180, 29.6.2013, p. 31.
3 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
4 Introduced by ch. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
Where a person has entered Switzerland illegally, the removal order shall be notified to him by means of a standard form.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 The alien is returned from Switzerland without a formal decision in the following cases:
2 Upon the immediate request of the person concerned, the decision shall be rendered by means of a standard form (Art. 64 B ).
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 New content as per Schedule to FY 26 Sept. 2014 (Recovery of R (EU) n O 1051/2013 amending the Schengen Borders Code to establish common rules on the temporary reintroduction of internal border control), in force since 1 Er March 2015 ( RO 2015 535 ; FF 2014 3225 ).
3 Cf. Footnote to s. 7, para. 3.
1 The removal order shall be accompanied by a reasonable period of departure from seven to thirty days. A longer period of departure is allowed or the period of departure is extended when special circumstances such as the family situation, health problems or the length of the stay justify it.
2 The reference may be immediately enforceable, or a period of departure of less than seven days may be fixed when:
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 OJ L 105, 13.4.2006, p. 23
After notification of a removal order, the competent authority may require the alien concerned to:
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 The competent authority shall ensure that, upon request, the removal order is translated in writing or orally in a language understood by the person concerned or which can be presumed to include it .
2 A reference decision notified by means of a standard form according to Art. 64 B Is not translated. The data subject receives an information sheet containing explanations of the removal order.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 If the entry in Switzerland is refused to a foreigner during the border check at the airport, he is obliged to leave Switzerland without delay.
2 The SEM makes a reasoned decision and is subject to recourse by means of the form according to Annex V, Part B, of the Schengen Borders Code 2 , within 48 hours. The decision may be appealed within 48 hours of its notification. The action shall not have suspensory effect. The appeal authority shall act within 72 hours. 3
3 The returned person may be allowed to remain for 15 days at most in the international airport transit zone with a view to preparing his departure if the execution of removal or expulsion (art. 69), detention for removal or expulsion or detention for insubordination (art. 76 to 78) was not ordered. Provisions on temporary admission (art. 83) and the filing of an application for asylum (art. 22 LAsi 4 ) Are reserved. 5
1 New content according to Art. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the resumption of the Schengen Borders Code, in force since 12 Dec. 2008 ( RO 2008 5629 5405 s. 2 let. B; FF 2007 7449 ).
2 Cf. Footnote to s. 7, para. 3.
3 New content as per Schedule to FY 26 Sept. 2014 (Recovery of R (EU) n O 1051/2013 amending the Schengen Borders Code to establish common rules on the temporary reintroduction of internal border control), in force since 1 Er March 2015 ( RO 2015 535 ; FF 2014 3225 ).
4 RS 142.31
5 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 Repealed by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), with effect from 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 The SEM prohibits entry into Switzerland, subject to para. 5, to a foreign national who is subject to a removal order when:
2 The SEM may prohibit entry in Switzerland to a foreigner when:
3 The prohibition of entry shall be imposed for a maximum period of five years. It may be pronounced for a longer period of time when the person concerned poses a serious threat to public safety and order.
4 The Federal Police Office (fedpol) may prohibit entry into Switzerland abroad to safeguard the internal and external security of Switzerland, prior to the prior consultation of the Swiss Federal Intelligence Service (SRC). Fedpol may impose an entry ban for a period of more than five years or, in serious cases, for an unlimited period.
5 For humanitarian reasons or for other important reasons, the decision-making authority may refrain from issuing an entry ban or temporarily or permanently suspending an entry ban.
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 After consulting the CBC, Fedpol may expel a foreigner to maintain the internal or external security of Switzerland. 1
2 Expulsion shall be accompanied by a reasonable period of departure.
3 It is accompanied by an entry ban of unlimited or unlimited duration. The authority that made the decision may provisionally suspend the ban for major reasons.
4 Where the alien is seriously or repeatedly awaiting security and public order, endangers or poses a threat to internal or external security, the expulsion shall be immediately enforceable.
1 New content according to the c. I 2 of the O of 12 Dec. 2008 on the adaptation of the disp. Legal as a result of the transfer of information units from the Analysis and Prevention Service to the DDPS, effective from 1 Er Jan 2009 ( RO 2008 6261 ).
1 The competent cantonal authority shall carry out the removal or expulsion of a foreigner in the following cases:
2 If the foreigner has the opportunity to travel lawfully in several States, the competent authority may send him or her to the country of his or her choice.
3 The competent authority may postpone the execution of the removal or expulsion for an appropriate period of time when special circumstances such as the health problems of the person concerned or the absence of means of transport justify it. It shall issue a written confirmation of postponement of the referral or expulsion to the person concerned. 1
4 Before returning or expelling an unaccompanied minor, the competent authority shall ensure that it is given to a member of his or her family, a guardian or a host structure that can guarantee his or her protection in the State concerned. 2
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 During a removal or expulsion procedure, the competent cantonal authority may submit the alien to the search and seize the goods carried by him in order to secure his/her travel or identity documents. The search must be carried out by a person of the same sex.
2 Where a decision of removal or expulsion has been made at first instance, the judicial authority may order the search of accommodation or other premises if it suspects that the alien is hiding or that travel documents and Of identity necessary for the procedure and the execution of the reference were hidden in it. 1
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
The Federal Department of Justice and Police assists the cantons responsible for carrying out the removal or expulsion of aliens, in particular by:
1 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 The Federal Council regulates the procedure and the distribution of powers in relation to the control of removal or expulsion.
2 It may assign tasks to monitor the execution of removal or expulsion to third parties.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 Repealed by c. IV 2 of the L of Dec 16. 2005, with effect from 1 Er Jan 2008 ( RO 2006 4745 , 2007 5573; FF 2002 6359 ).
1 The competent authorities of the Confederation or of the cantons may detain persons without short-term authorisation, residence or establishment in order to:
2 Retention according to para. 1 shall take the time necessary to ensure the cooperation of the person concerned or to enable his examination and, where appropriate, his transport; it shall not, however, exceed three days.
3 Any person who is subject to detention:
4 If it is likely that the detention exceeds 24 hours, the person concerned must have the opportunity to settle or have his or her urgent personal cases resolved in advance.
5 On request, the competent judicial authority shall, ex post facto, review the legality of the detention.
6 The duration of detention shall not be counted in the length of detention for the execution of removal or expulsion, pre-trial detention or detention for insubordination.
1 The competent cantonal authority may order a foreigner not to leave the territory assigned to him or not to enter a specified region in the following cases:
2 The competence to order such measures shall be the responsibility of the canton which carries out the removal or expulsion. For persons staying at a registration centre or in a specific centre within the meaning of Art. 26, para. 1 Bis , LAsi 2 , this competence is found in the canton on whose territory the centre is located. The prohibition of entry into a specified region may also be imposed by the canton in which the region is located. 3
3 Such measures may be appealed to a cantonal judicial authority. The action shall not have suspensory effect.
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 RS 142.31
3 New content according to the c. II of the PMQ of 28. 2012 (Mod. Urgent of the Asylum Act), in force of the 29th. 2012 to Sept. 2015 ( RO 2012 5359 ; FF 2010 4035 , 2011 6735) and extended to 28 seven. 2019 as per c. II of the PMQ of Sept. 2014 (RO 2015 2047; FF 2014 2013).
1 In order to ensure the execution of a referral procedure, the competent cantonal authority may order detention during the preparation of the decision on the stay, for a period of not more than six months, of a foreigner who is not the holder of a Short-term authorisation, residence or establishment, for one of the following reasons:
2 The competent authority shall without delay take a decision on the right of residence of the person being detained.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the resumption of the EC Return Directive (Directive 2008 /115/EC; RO 2010 5925 ; FF 2009 8043 ). Repealed by c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), with effect from 1 Er Jul. 2015 (RO 2015 1841; FF 2014 2587).
1 Where a decision on removal or expulsion of the first instance has been notified, the competent authority may, in order to ensure its execution, take the following measures:
1bis The detention ordered in the case of Dublin is governed by Art. 76 A . 6
2 The length of detention referred to in para. 1, paragraph b, c. 5, may not exceed 30 days. 7
3 The number of days of detention shall be counted in the maximum period of detention referred to in Art. 79. 8
4 The steps necessary to carry out the removal or expulsion must be undertaken without delay.
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
3 Repealed by c. 1 of the Annex to the PMQ of 14 Dec. 2012, with effect from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
4 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
5 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the resumption of the EC Return Directive (Directive 2008 /115/EC; RO 2010 5925 ; FF 2009 8043 ). Repealed by c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), with effect from 1 Er Jul. 2015 (RO 2015 1841; FF 2014 2587).
6 Introduced by ch. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
7 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
8 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
1 In order to ensure that it is returned to the responsible Dublin State, the competent authority may detain the alien on the basis of an individual assessment where the following conditions are met:
2 The following concrete elements raise concerns that the alien intends to avoid the execution of the reference:
3 From the time the detention has been ordered, the alien may be detained or detained for a maximum period of:
4 If a person refuses to board a vehicle for the execution of a transfer to the Dublin State responsible or prevents the transfer in any other way by his conduct, the person may be detained in order to guarantee the execution Of the transfer, provided that the conditions of its detention under para. 3, let. C, are no longer fulfilled and there are no other, less restrictive measures which may lead to the intended objective. Detention can only last until a new transfer is possible, but its duration may not exceed six weeks. With the agreement of the judicial authority, it can be extended if the person concerned persists in refusing to change his or her behaviour. The maximum duration of such detention is 3 months.
5 The number of days of detention shall be counted in the maximum period of detention referred to in Art. 79.
1 Introduced by ch. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
2 Cf. Footnote to s. 64 A , para. 1.
3 RS 142.31
4 R (CE) n O 1560/2003 of the Commission of 2 7. 2003 laying down detailed rules for the application of R (EC) n O 343/2003 of the Council laying down the criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in one of the Member States by a national of a third country, OJ L 222, 5.9.2003, p. 3.
1 The competent cantonal authority may order the detention of a foreigner in order to ensure the execution of his removal or expulsion under the following conditions:
2 The length of detention may not exceed 60 days.
3 The steps necessary to carry out the removal or expulsion must be undertaken without delay.
1 If the alien has not complied with the order to leave Switzerland within the prescribed period and the binding decision of removal or expulsion cannot be enforced on account of his conduct, he may be detained in order to ensure that he Leave the country effectively, provided that the conditions of detention for removal or expulsion are not met and that there is no other less restrictive measure likely to lead to the target.
2 Detention may be ordered for a period of one month. With the consent of the cantonal judicial authority and insofar as the alien is unwilling to change his behaviour and leave the country, it can be extended by two months in two months. Art. 79 remains reserved. 1
3 Detention and its extension shall be ordered by the authority of the canton which carries out the removal or expulsion. Where the alien is already in detention under s. 75, 76 or 77, it may be maintained, provided that the conditions set out in para. 1 are completed. 2
4 The first order of detention must be examined within 96 hours by a judicial authority following an oral procedure. At the request of the alien detained, the extension of the detention must be examined within eight working days by a judicial authority following an oral procedure. The power of review is governed by s. 80, para. 2 and 4.
5 Conditions of detention are governed by s. 81.
6 Detention is waived in the following cases:
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
1 Pre-trial detention and detention for removal or removal under art. 75 to 77 as well as detention for insubordination referred to in s. 78 may not exceed six months in total.
2 The maximum period of detention may, with the agreement of the cantonal judicial authority, be extended by a maximum of 12 months and, for minors aged between 15 and 18 years, not more than six months, in the following cases:
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
1 Detention is ordered by the authorities of the canton who carry out the removal or expulsion. For persons staying at a registration centre or in a specific centre within the meaning of Art. 26, para. 1 Bis , LAsi 1 , the power to order pre-trial detention (art. 75) is located in the canton on whose territory the specific centre is located. In the cases provided for in Art. 76, para. 1, paragraph b, c. 5, the detention is ordered by the SEM. 2
2 The legality and adequacy of detention must be examined within 96 hours by a judicial authority following an oral procedure. If detention for removal or expulsion within the meaning of s. 77 was ordered, the examination procedure shall be conducted in writing. 3
2bis In case of detention within the meaning of Art. 76, para. 1, paragraph b, c. 5, the procedure for examining the legality and adequacy of detention and the competence in this matter are governed by Art. 105, 108, 109 and 111 LAsi. 4
3 The judicial authority may waive the oral procedure when the removal or expulsion is likely to take place within eight days of the order of detention and the person concerned has given his or her written consent. If the removal or expulsion cannot be carried out within that period, the oral procedure shall take place no later than 12 days after the order of detention.
4 When examining the decision to detain, maintain or lift the detention, the judicial authority shall take into account the family situation of the detained person and the conditions for the execution of the detention. Pre-trial detention, detention for the execution of removal or expulsion and detention for insubordination are excluded for children and for adolescents under 15 years of age. 5
5 A foreigner in detention may file a request for the lifting of detention one month after the admissibility of the detention has been examined. The judicial authority shall decide within eight working days after oral proceedings. A new detention request may be made after a period of one month if the person is detained under s. 75, or two months if held under s. 76.
6 Detention is waived in the following cases:
1 RS 142.31
2 New content according to the c. II of the PMQ of 28. 2012 (Mod. Urgent of the PMQ on asylum), in force of the 29th. 2012 to Sept. 2015 ( RO 2012 5359 ; FF 2010 4035 , 2011 6735) and extended to 28 seven. 2019 as per c. II of the PMQ of Sept. 2014 (RO 2015 2047; FF 2014 2013).
3 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
4 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the resumption of the EC Return Directive (Directive 2008 /115/EC; RO 2010 5925 ; FF 2009 8043 ). New content according to the c. I 1 of the Annex to the CA of 26 seven. (Recovery of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 (RO 2015 1841; FF 2014 2587).
5 New wording of the sentence as per c. I of the PMQ of Sept. 2014, in force since 1 Er March 2015 ( RO 2015 533 ; FF 2014 3225 ).
1 Jurisdiction to order detention within the meaning of s. 76 A Comes out:
2 If the detention has been ordered by the SEM, the procedure to examine the legality and adequacy of the detention and the competence in the matter are governed by art. 105, 108, 109 and 111 LAsi.
3 If the detention has been handed down by the canton, the legality and adequacy of the detention shall be examined, at the request of the detained person, by a judicial authority after a written procedure has been completed. This examination may be requested at any time.
4 The person in custody may file a request for the lifting of the detention at any time. The judicial authority shall decide within eight working days after the completion of a written procedure.
5 The detention of children and adolescents under the age of fifteen is excluded.
6 In the case of detention of unaccompanied minor applicants, the person of trust designated under Art. 64 A , para. 3 Bis , of this Act or of s. 17, para. 3, LAsi is informed beforehand.
7 Detention is waived in the following cases:
8 When examining the decision to detain, maintain or lift the detention, the judicial authority shall take into account the family situation of the detained person and the conditions for the execution of the detention.
1 Introduced by ch. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
2 RS 142.31
1 The cantons shall ensure that a person designated by the alien in custody and in Switzerland is prevented. A foreigner in detention may speak and correspond with his agent, family members and consular authorities.
2 Detention is held in adequate premises. As far as possible, the grouping of foreigners in detention with persons in pre-trial detention or serving a sentence must be avoided; such a situation can only be granted on a provisional basis and in order to overcome a period of Overload in the area of administrative detention. 2
3 The form of detention must take into account the needs of the persons to be protected, unaccompanied minors and families with children. 3
4 In addition, conditions of detention are governed by:
1 New content according to Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of the EC Return Directive (Directive 2008 /115/EC), in force since 1 Er Jan 2011 ( RO 2010 5925 ; FF 2009 8043 ).
2 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
3 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
4 Directive 2008 /115/EC of the European Parliament and of the Council of 16 Dec. 2008 on common standards and procedures applicable in the Member States for the return of illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
5 Cf. Footnote to s. 64 A , para. 1.
6 Introduced by ch. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
1 The Confederation may fully or partially finance the construction and development of cantonal detention facilities of a certain importance exclusively for the execution of pre-trial detention, detention in View of removal or expulsion, detention for insubordination and detention. Sections 2 and 6 of the Federal Act of 5 October 1984 on the benefits of the Confederation in the field of enforcement of penalties and measures 2 Apply by analogy to the calculation of contributions and procedure.
2 The Confederation shall participate on the basis of a daily plan for the operating costs of the cantons for the execution of pre-trial detention, detention for removal or expulsion, detention for insubordination and detention. Retention. The package is allocated for:
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
2 RS 341
3 RS 142.31
1 The SEM decides to admit temporarily the alien if the execution of the removal or expulsion is not possible, is not lawful or cannot be reasonably required.
2 Execution is not possible if the alien is unable to leave Switzerland for his or her State of origin, State of origin or a third country, or be returned to one of those states.
3 Enforcement is not lawful when the return of the alien to his or her State of origin, in his or her State of origin or in a third State is contrary to the obligations of Switzerland under international law.
4 The execution of the decision may not be reasonably required if the removal or expulsion of the alien in his or her country of origin or provenance puts it in real danger, for example in the case of war, civil war, general violence Or medical necessity.
5 The Federal Council shall designate the States of origin or origin or the regions of those States where the return is reasonably due. If the alien expelled or expelled comes from one of these states or a member state of the EU or EFTA, the execution of the removal or expulsion is in principle due. 1
5bis The Federal Council shall submit to periodic review the decisions taken in accordance with para. 5. 2
6 Provisional admission may be proposed by the cantonal authorities.
7 The provisional admission referred to in paras. 2 and 4 is not ordered in the following cases:
8 The refugee to whom asylum is not granted under ss. 53 or 54 LAsi 4 Is allowed temporarily.
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735). See also disp. And trans. Of this mod. At the end of the text.
2 Introduced by ch. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735). See also disp. And trans. Of this mod. At the end of the text.
3 RS 311.0
4 RS 142.31
1 The SEM shall periodically check whether the alien meets the conditions of the provisional admission.
2 If this is no longer the case, it shall lift the provisional admission and order the execution of the removal or expulsion.
3 If the grounds referred to in s. 83, para. 7, are met and a cantonal authority, fedpol or the CBC so requests, the SEM may waive the provisional admission granted under s. 83, para. 2 and 4, and order the execution of the reference. 1
4 The provisional admission ends when the person leaves Switzerland, stays abroad for more than two months without authorization or obtains a residence permit. 2
5 Applications for residence permits filed by a foreigner who has been provisionally admitted and resident in Switzerland for more than five years are examined in depth according to his level of integration, family situation and due Back to his country of origin.
1 New content according to the c. I 2 of the O of 12 Dec. 2008 on the adaptation of the disp. Legal as a result of the transfer of information units from the Analysis and Prevention Service to the DDPS, effective from 1 Er Jan 2009 ( RO 2008 6261 ).
2 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
1 The temporary residence permit for foreign nationals (art. 41, para. 2) shall be established by the canton of residence; for control purposes it shall be established for no more than twelve months and its period of validity shall be extended subject to Art. 84.
2 Art. 27 LAsi 1 Shall apply mutatis mutandis to the distribution of aliens provisionally admitted.
3 A foreigner admitted on a provisional basis who wishes to change the canton shall submit his application to the SEM. The latter shall make a final decision after having heard the cantons concerned, subject to para. 4.
4 The decision on the change of the canton can only be appealed if it violates the principle of unity of the family.
5 A foreign national admitted on a provisional basis may freely choose his place of residence in the territory of the canton where he or she has been assigned. The cantonal authorities may assign a place of residence or accommodation in the cantonal territory to foreign nationals admitted on a provisional basis who has not been recognised as a refugee and who receives social assistance benefits. 2
6 Persons provisionally admitted may obtain authorisation from the cantonal authorities to engage in a gainful occupation, irrespective of the situation in the labour market and the economic situation.
7 Spouse and unmarried children under the age of 18 years of persons provisionally admitted, including temporary refugees, may be entitled to family reunification and the same status, at the earliest three years after the Provisional admission, under the following conditions:
8 If the examination of the conditions of family reunion defined in para. 7 reveals evidence of an absolute cause of cancellation within the meaning of s. 105, c. 5 or 6, CC 3 , the SEM shall inform the authority referred to in Art. 106 CC. The procedure is suspended until the decision of that authority. If an action is taken, the suspension is extended until a judgment is rendered and entered into force. 4
1 RS 142.31
2 Phrase introduced by ch. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
3 RS 210
4 Introduced by ch. I 1 of the PMQ of 15 June 2012 concerning measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
1 The cantons shall settle the fixing and payment of social assistance and emergency aid for persons provisionally admitted. Art. 80 to 84 LAsi 1 Concerning asylum seekers are applicable. As regards social assistance, refugees provisionally admitted are subject to the same provisions as refugees to which Switzerland has granted asylum.
2 Compulsory health insurance for persons provisionally admitted is governed by the provisions of the LAsi and the Federal Act of 18 March 1994 on health insurance 2 Applicable to asylum seekers.
1 The Confederation pays the cantons:
2 The assumption of the cost of departure and the payment of return assistance is governed by the arts. 92 and 93 LAsi.
3 The lump-sum allowances referred to in para. 1 is paid for at most seven years from the entry into Switzerland.
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Jan 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
2 RS 142.31
3 Introduced by c. IV 2 of the L of Dec 16. 2005, in force since 1 Er Jan 2008 ( RO 2006 4745 , 2007 5573; FF 2002 6359 ).
Any alien admitted on an interim basis shall be subject to the special tax and any seizure of heritage values under s. 86 and 87 LAsi 2 Section 2 of chap. 5 and chap. 10 LAsi are applicable.
1 New content according to the c. IV 2 of the L of Dec 16. 2005, in force since 1 Er Jan 2008 ( RO 2006 4745 , 2007 5573; FF 2002 6359 ).
2 RS 142.31
The provisions of this chapter concerning foreign spouses shall apply mutatis mutandis to registered partners.
1 Introduced by ch. I 1 of the PMQ of 15 June 2012 concerning measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).
During his stay in Switzerland, a foreign national must be provided with a valid and recognized piece of legitimation within the meaning of s. 13, para. 1.
A foreigner and a third party participating in a procedure provided for in this Law shall cooperate in the determination of the decisive facts for its application. In particular, they must:
1 Before hiring a foreigner, the employer must ensure that he is entitled to engage in a gainful occupation in Switzerland by examining his residence permit or by checking with the competent authorities.
2 Anyone applying for cross-border service in Switzerland must ensure that the person providing the service is authorised to carry on an activity in Switzerland by examining his residence permit or by checking with him Competent authorities.
1 The air transport undertaking shall be required to take all the provisions reasonably required to transport only persons with travel documents, visas and residence permits required when entering the Schengen area or The passage through the international airport transit zone.
2 The Federal Council regulates the scope of the duty of care.
1 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 At the request of the competent federal or cantonal authorities, the air transport undertaking shall immediately take over those of its passengers to whom entry into the Schengen area is refused. 2
2 Support includes:
3 If the airline cannot prove that it has fulfilled its duty of care, it must also bear: 3
4 L' al. 3 is not applicable when the entry into Switzerland has been authorized in accordance with Art. 22 LAsi 4 The Federal Council may provide for other exceptions, particularly in the event of an extraordinary situation, such as a war or a natural disaster. 5
5 The Federal Council may fix a package on the basis of the likely costs.
6 Security rights may be required.
1 New content according to Art. 127, effective since 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
2 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
3 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
4 RS 142.31
5 New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
1 Air transportation companies work with the relevant federal and cantonal authorities. The terms of the collaboration shall be fixed in the concession or in an agreement between the SEM and the undertaking.
2 In addition to the modalities of collaboration, the concession or agreement may, inter alia, fix:
3 If specific measures within the meaning of para. 2, let. A, shall be fixed, the concession or agreement may provide that the amount, if any, to be paid by the air transport undertaking under Art. 122 A , para. 1, be subject to a reduction of up to one half of the said amount.
1 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
The Federal Council may submit other commercial transport undertakings to the provisions of Art. 92 to 94, 122 A And 122 C If part of the Swiss land border becomes an external border of the Schengen area. In so doing, it complies with the requirements laid down in Art. 26 of the Convention on the Application of 19 June 1990 of the Schengen Agreement 2 (CAAS).
1 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
2 Convention on the Application of 19 June 1990 of 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 concerning the gradual abolition of the Controls at common borders, OJ L 239, 22.9.2000, p. 19.
The airport manager is required to make available, within the perimeter of the airport and until the removal or entry into Swiss territory, adequate and economic accommodation for foreigners at the airport, Have not been allowed to enter Switzerland or continue their journey.
1 The competent authorities shall take into account, in exercising their discretion, the public interest, the personal situation of the alien and the degree of integration thereof.
2 Where a measure is justified, but is not adequate, the competent authority may give a simple warning to the person concerned by means of a comminatory opinion.
1 The authorities responsible for the execution of this Law shall assist each other in the performance of their tasks. They provide the information they need and agree, upon request, to consult the records.
2 Other federal, cantonal and municipal authorities are required to communicate to the authorities referred to in para. 1, on request, the data and information necessary for the application of this Law.
3 The Federal Council determines the data to be communicated to the authorities under para. 1 in the following cases:
1 For data on undeclared work, art. 11 and 12 of the LF of 17 June 2005 on undeclared work are applicable (RS 822.41 ).
2 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Jan 2014 ( RO 2013 4375 ; FF 2010 4035 , 2011 6735).
1 SEM is responsible for all tasks that are not specifically assigned to other federal authorities or cantonal authorities.
2 The Federal Council regulates the entry into Switzerland, the exit of Switzerland, the admission and residence of persons benefiting from privileges, immunities and facilities referred to in Art. 2, para. 2, of the Act of 22 June 2007 on the Host State 1 . 2
3 The cantons shall designate the competent authorities for the tasks assigned to them.
1 RS 192.12
2 New content according to Art. 35 of the PMQ of 22 June 2007 on the host State, in force since 1 Er Jan 2007 ( RO 2007 6637 ; FF 2006 7603 ).
Persons responsible for the execution of this Act may, if their mandate so requires and to the extent that the interests to be protected justify it, make use of coercion and police measures. The Law of 20 March 2008 on the Use of Restraint 2 Is applicable.
1 Introduced by ch. 2 of the annex to the LF of 20 March 2008 on the use of the constraint, in force since 1 Er Jan 2009 ( RO 2008 5463 ; FF 2006 2429 ).
2 RS 364
1 In agreement with the SEM, the DFAE can empower third parties to perform the following tasks in the framework of the visa procedure:
2 The FDFA and the SEM shall ensure that the provisions on the protection and security of data are complied with by third parties.
3 The Federal Council defines the conditions under which third parties may be responsible for the tasks referred to in para. 1.
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU on the recovery of the R and D relating to the VIS, in force since 1 Er Jan 2011 ( RO 2010 2063 5761; FF 2009 3769 ).
The Federal Council shall determine cases in which authorisations of short duration, residence or establishment, as well as prior decisions of the cantonal labour market authorities, are subject to the approval of the SEM. It may refuse its approval or limit the scope of the cantonal decision.
1 The Federal Council encourages bilateral and multilateral partnerships with other states in the field of migration. It can conclude agreements to strengthen cooperation in the migration field and to combat illegal migration and its negative consequences.
2 The Federal Council may conclude agreements with foreign states or international organisations on: 2
3 Within the framework of readmission and transit agreements, the Federal Council may, within the limits of its powers, grant or withdraw benefits or benefits. It takes into account Switzerland's obligations under international law as well as all the relations between Switzerland and the state concerned. 3
4 Competent departments may enter into arrangements with foreign authorities or international organizations on the technical implementation of the agreements referred to in para. 2. 4
5 Until the conclusion of a readmission agreement within the meaning of para. 2, let. B, the Federal Department of Justice and Police may, in agreement with the Federal Department of Foreign Affairs, enter into arrangements with the competent foreign authorities to deal with the organisational issues relating to the return Of foreigners in their countries of origin, assistance in return, and reintegration. 5
1 New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
2 New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
3 New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
4 New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
5 Introduced by ch. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
1 Document advisors may be called upon to provide services to combat illegal migration.
2 The document advisers provide assistance to the authorities responsible for border controls, air transport companies and Swiss representation abroad in the control of documents. They intervene only in their capacity as advisers and do not carry out functions under the authority of the public authority.
3 The Federal Council may conclude agreements with foreign states to provide for the use of document advisers.
1 Introduced by ch. I of the LF of 18 June 2010 (Automated border control, document advisers, MIDES information system), in force since 1 Er Jan 2011 ( RO 2010 5755 ; FF 2009 8043 ).
To the extent that the fulfilment of their legal mandate requires it, the SEM, the cantonal authorities responsible for matters relating to aliens and, within the limits of its powers, the Federal Administrative Court may process or cause to be dealt with Personal data relating to foreigners and third parties participating in a procedure provided for by this Law, including sensitive data and personality profiles.
1 New content according to the c. I 1 of the Ass O. Fed. 20 Dec. 2006 on the adaptation of legislative acts to disp. Of the PMQ on the TF and the PMQ on the TAF, in force since 1 Er Jan 2008 ( RO 2006 5599 ; FF 2006 7351 ).
1 The competent authorities may identify the biometric data of a foreigner in order to establish his or her identity and record the data in the examination of the conditions of entry or in proceedings under the law of aliens.
1bis If there are indications that a allegedly minor foreigner has reached the age of majority, the competent authorities may order an assessment of his age. 2
2 The Federal Council determines which biometric data are to be used within the meaning of para. 1 and rules access to them. 3
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
2 Introduced by ch. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
3 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
1 The competent authority may register and retain the biometric data necessary for the establishment of residence permits.
2 The biometric data necessary for the establishment of a residence permit shall be re-entered every five years. The Federal Council may set shorter time limits for entry when required by the changing nature of the person.
3 Cantonal migration authorities may use the data recorded and retained to renew a residence permit.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
1 The following authorities are authorised to read the data stored on the residence permit chip to verify the identity of the holder or the authenticity of the document:
2 The Federal Council may authorize airlines, airport operators and other services to verify the identity of persons to be read for this purpose the fingerprints recorded on the chip.
1 Introduced by Art. 2 hp. 1 of the FY of 18 June 2010 approving and implementing the exchange of notes between Switzerland and the EC concerning the introduction of biometric data in foreign residence permits, in force since 24 January 2011 ( RO 2011 175 ; FF 2010 51 ).
1 The arrival of passengers at the airport can be monitored by technical means of recognition. Border control authorities (art. 7 and 9) use the data collected for the following purposes: 1
2 The competent authorities shall notify the CBC if, during the monitoring carried out under para. 1, they find that a foreigner poses a concrete threat to the internal and external security of Switzerland. They are allowed to transmit the relevant data. 2
3 Data collected are deleted within 30 days. The Federal Council may provide for a longer period for data used in a pending procedure under the criminal law, the right of aliens or the right of asylum.
4 The Confederation may pay to the cantons on whose territory there is an international airport of contributions to cover the costs of supervision within the meaning of para. 1.
5 The Federal Council shall determine the specificities necessary for a system of facial recognition, determine the details of the monitoring procedure and lay down the arrangements for the transmission of information to the CBC. 3
1 New wording of the sentence according to Art. 127, effective since 12 Dec. 2008 ( RO 2008 5405 Art. 2 let. (a).
2 New content according to the c. I 2 of the O of 12 Dec. 2008 on the adaptation of the disp. Legal as a result of the transfer of information units from the Analysis and Prevention Service to the DDPS, effective from 1 Er Jan 2009 ( RO 2008 6261 ).
3 New content according to the c. I 2 of the O of 12 Dec. 2008 on the adaptation of the disp. Legal as a result of the transfer of information units from the Analysis and Prevention Service to the DDPS, effective from 1 Er Jan 2009 ( RO 2008 6261 ).
1 The border control authorities at airports can apply an automated control procedure. This makes it possible to simplify control when entering the Schengen area and at the exit of the Schengen area.
2 Participation in automated control is restricted to persons:
3 Participation in automated control requires a biometric passport or a participant card on which the holder's biometric data are stored. The border control authorities can identify the biometric data needed to establish the participant card.
4 When crossing the border, data from the biometric passport or participant card can be compared with those contained in the computerized police search system (RIPOL system) or the Schengen Information System (SIS).
5 The border control authorities manage an information system. It is used to process the personal data of participants in the automated control procedure that require a participant card. The information system does not contain biometric data. Participants must be informed in advance of the purpose of processing the data and the categories of recipients of the data.
6 The Federal Council determines the registration procedure, the conditions for participation in the automated control procedure, the organisation and management of the information system and the catalogue of personal data processed in the Information system.
1 Introduced by ch. I of the LF of 18 June 2010 (Automated border control, document advisers, MIDES information system), in force since 1 Er Jan 2011 ( RO 2010 5755 ; FF 2009 8043 ).
2 RS 0.142.112.681
3 RS 0.632.31
1 SEM manages an internal information system for refusal of entry under s. 65 (INAD system). The INAD system is used, on the one hand, to implement sanctions in the event of a breach of the duty of care within the meaning of Art. 122 A And, on the other hand, to compile statistics.
2 The INAD system contains the following data on persons who have been refused entry into the Schengen area:
3 Data entered into the system is anonymized after two years.
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 With a view to improving border control and effectively combating illegal entry into the Schengen area and the illegal passage through the international airport transit zone, the SEM can force an air transport company Communicate or communicate to the authority responsible for border control the data relating to certain flights and the personal data of passengers on such flights. These data must be transmitted immediately after take-off.
2 The decision ordering the obligation to communicate states:
3 The obligation to communicate applies to the following categories of data:
4 The air transport undertakings shall inform the passengers concerned in accordance with Art. 18 A Federal Law of 19 June 1992 on Data Protection 2 .
5 Decisions ordering or lifting the obligation to communicate take the form of a decision of general application and are published in the Federal Worksheet. An appeal against a decision of a general nature shall not have suspensory effect.
6 Air carriers shall not retain the data provided for in para. 3 as a means of proof. They must erase this data:
1 New content according to the c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
2 RS 235.1
1 The SEM operates a passenger information system (API) which aims to improve border control and effectively combat illegal entry into the Schengen area and the illegal passage through the international zone of Transit of airports. The API system contains the data referred to in s. 104, para. 3, as well as the results of the comparisons provided in para. 4.
2 The SEM can consult online the API system data referred to in Art. 104, para. 3, in order to verify whether air transport undertakings comply with their obligation to disclose such data and to apply the penalties provided for in s. 122 B .
3 The authorities authorised to carry out checks on persons at the external borders of the Schengen area may consult the data referred to in Art. 104, para. 3, and the results of the comparisons provided in para. 4 to improve border control and to fight effectively against illegal entry into the Schengen area and the illegal passage through the international airport transit zone.
4 Comparisons are automatically and systematically made between the data referred to in s. 104, para. 3, let. A and b, and those of the RIPOL system, the SIS, the central migration information system (SYMIC) and the information system on stolen and lost documents of Interpol (ASF-SLTD).
5 The data provided for in s. 104, para. 3, as well as the results of the comparisons referred to in para. 4 may only be retained after the arrival of the flight concerned if they are used for the purpose of carrying out a procedure under the law of aliens, the right of asylum or criminal law. They must be erased:
6 The data may be stored anonymously beyond the time limits set out in para. 5 if used for statistical purposes.
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 In order to enable border control authorities to carry out border controls, combat illegal migration and carry out removals, air transport undertakings must, upon request, provide them with lists of Passengers.
2 Passenger lists must include the following:
3 The obligation to submit passenger lists expires six months after the date of the flight.
4 The border control authorities delete the data 72 hours from the date of receipt.
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 In order to carry out their tasks and in particular to combat acts punishable under this Law, the SEM and the competent cantonal authorities may disclose personal data concerning foreigners to foreign authorities And international organisations responsible for similar tasks, provided that the State or organisation in question guarantees data protection equivalent to that of Switzerland.
2 The following personal data may be provided:
The authority responsible for organising the departure shall not be permitted to disclose the following personal data to the competent authority of the State of origin or provenance for the purpose of carrying out the removal or expulsion in that State unless that Does not pose a threat to foreigners and their loved ones:
1 The SEM and the competent cantonal authorities may disclose the necessary personal data to states which do not guarantee data protection equivalent to that of Switzerland, with a view to the implementation of readmission agreements and Of transit referred to in s. 100.
2 The following data may be communicated to the other Contracting State, with a view to the readmission of one of its own nationals:
3 The following data may be communicated to the other Contracting State with a view to the transit of third-country nationals:
4 The readmission or transit agreement must state the purpose of the use of the data, the security measures to be taken as appropriate and the competent authorities.
1 See art. 126 al. 6.
1 The Central Visa Information System (C-VIS) contains data on visas collected by all states in which Regulation (EC) No O 767/2008 2 Is in effect.
2 The following authorities have access to C-VIS data online:
3 The following authorities may request the central access point referred to in para. 4 certain C-VIS data within the meaning of Decision 2008 /633/JHA 6 To prevent and detect terrorist offences or other serious criminal offences, and to investigate:
4 The fedpol commitment station is the central access point within the meaning of Art. 3, para. 3, of Decision 2008 /633/JHA.
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU concerning the recovery of the R and D relating to the VIS, in force since 11 October. 2011 ( RO 2010 2063 , 2011 4449; FF 2009 3769 ).
2 R (CE) n O 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 (R VIS); OJ L 218, 13.8.2008, p. 60.
3 New content according to the c. I of the PMQ of Sept. 2014, in force since 1 Er March 2015 ( RO 2015 533 ; FF 2014 3225 ).
4 New content according to the c. I 1 of the Annex to the CA of 26 seven. 2014 (resumption of R [EU] n O 604/2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 Er Jul. 2015 ( RO 2015 1841 ; FF 2014 2587 ).
5 Cf. Footnote to s. 64 A , para. 1.
6 D 2008 /633/JHA of the Council of 23 June 2008 on access in consultation to the Visa Information System (VIS) by the designated authorities of the Member States and by the European Police Office (Europol) for the purposes of prevention and Detection of terrorist offences and other serious criminal offences, as well as for the purposes of investigations in this field (Council decision); OJ L 218, 13.8.2008, p. 129.
1 SEM operates the national visa information system. This system is used for the registration of applications and for the establishment of visas issued by Switzerland. It contains, in particular, the data to be transmitted via the national interface (N-VIS) to the C-VIS.
2 The national visa information system contains the following categories of data:
2bis The national visa information system also contains a subsystem in which visa applicants' files are recorded in electronic form. 5
3 The SEM, the Swiss representations abroad and the missions, the cantonal migration authorities responsible for visas and the municipal authorities to which the cantons have delegated these powers, the State Secretariat and the Directorate DFAE policy, as well as the Border Guard Corps and the border posts of cantonal police issuing exceptional visas, may seize, modify and delete data in order to perform the tasks required under the Procedure for granting visas. 6 The authorities are required to seize and process data from visa applicants for C-VIS in accordance with Regulation (EC) No O 767/2008 7 .
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU on the recovery of the R and D related to the VIS, in force since 20 January 2014 ( RO 2010 2063 , 2014 1; FF 2009 3769 ).
2 Introduced by c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
3 Introduced by c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
4 Regulation (EC) n O 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), OJ L 381, 28.12.2006, p. 4.
5 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
6 New content according to the c. I of the PMQ of Sept. 2014, in force since 1 Er March 2015 ( RO 2015 533 ; FF 2014 3225 ).
7 R (CE) n O 767/2008 of the European Parliament and of the Council of 9 July. 2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation); OJ L 218, 13.8.2008, p. 60.
The SEM may authorise the following bodies to access online data from the national visa information system:
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU on the recovery of the R and D related to the VIS, in force since 20 January 2014 ( RO 2010 2063 , 2011 4449, 2014 1; FF 2009 3769 ).
2 RS 361
3 RS 120
4 RS 210
5 RS 211.231
Any Member State of the European Union in which Regulation (EC) No O 767/2008 2 Is not yet in force may send requests for information to the authorities referred to in Art. 109 A , para. 3.
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU concerning the recovery of the R and D relating to the VIS, in force since 11 October. 2011 ( RO 2010 2063 , 2011 4449; FF 2009 3769 ).
2 R (CE) n O 767/2008 of the European Parliament and of the Council of 9 July. 2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (R VIS); OJ L 218, 13.8.2008, p. 60.
The Federal Council:
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU on the recovery of the R and D related to the VIS, in force since 20 January 2014 ( RO 2010 2063 , 2014 1; FF 2009 3769 ).
SEM, in cooperation with the Federal Administrative Tribunal and the competent cantonal authorities, operates an automated system for the management of personal records and documentation.
1 New content according to the c. I 1 of the Ass O. Fed. 20 Dec. 2006 on the adaptation of legislative acts to disp. Of the PMQ on the TF and the PMQ on the TAF, in force since 1 Er Jan 2008 ( RO 2006 5599 ; FF 2006 7351 ).
1 SEM operates an information system for the preparation of Swiss travel documents and Foreign Return Authorities (ISR). 1
2 This system contains the following data: 2
3 To verify if the alien is reported as a crime or a crime, a search is automatically launched in the RIPOL system.
4 The SEM staff responsible for the preparation of Swiss travel documents and return authorizations process the data entered under para. 2. 4
5 To the extent that the performance of their tasks requires it, the SEM may grant the following authorities and services the online access to the data entered under para. 2:
6 The Federal Council shall issue the implementing provisions.
1 New content according to Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
2 New content according to Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
3 New content according to Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
4 New content according to Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
5 New content according to Art. 2 hp. 2 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the EC concerning the recovery of R (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er Oct. 2011 ( RO 2009 5521 , 2011 4033; FF 2007 4893 ).
6 New content according to the c. I 1 of the LF of 18 June 2010 (Seizure of data in the field of migration), in force since 24 January 2011 ( RO 2011 95 ; FF 2010 51 ).
7 New content according to the c. I 1 of the LF of 18 June 2010 (Seizure of data in the field of migration), in force since 24 January 2011 ( RO 2011 95 ; FF 2010 51 ).
The communication of personal data to the competent authorities of the states bound by one of the association agreements in Schengen shall be assimilated to a communication between federal bodies.
1 The SEM is the central authority consulted for visa applications in accordance with the association agreements in Schengen.
2 As such, it can in particular communicate and receive in an automated way data concerning:
3 Swiss representations abroad can exchange with their counterparts in states linked by one of the association agreements in Schengen the data necessary for the fulfilment of tasks relating to consular cooperation at local level, Information on the use of forged or falsified documents and illegal immigration channels, as well as the categories of data referred to in para. 2.
4 The Federal Council may adapt the categories of personal data referred to in para. 2 in relation to the development of the Schengen acquis. It consults with the Federal Data Protection Officer.
1 The border control authorities and the transport undertakings may exchange the personal data necessary for the execution of the duty of care referred to in Art. 92 and in the care of passengers within the meaning of Art. 93.
2 As such, they may communicate and receive, in particular, the personal data referred to in Art. 111 B , para. 2, let. B to d.
3 Art. 111 A, 111 D And 111 F Are applicable by analogy. 1
1 New content according to the c. 1 of the LF of 19 March 2010 implementing 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 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 No personal data may be disclosed to a third country if it does not provide an adequate level of data protection.
2 Personal data may be communicated to a third country despite the absence of an adequate level of data protection in the following cases:
3 Personal data may be disclosed outside of the cases referred to in para. 2 where sufficient guarantees allow adequate protection of the data subject in particular cases.
4 The Federal Council shall determine the scope of the guarantees to be provided and the manner in which they are to be provided.
5 The data from the Eurodac database cannot be transmitted in any way:
1 Introduced by ch. 1 of the Annex to the AF of 26. 2014 (Resuming R [EU] n O 603/2013 on the creation of Eurodac and amending the R [EU] n O 1077/2011 establishing the IT Agency), in force since 20 July. 2015 ( RO 2015 2323 ; FF 2014 2587 ).
1 Repealed by c. 1 of the LF of 19 March 2010 implementing 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 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
The right of access is governed by federal or cantonal data protection provisions. 1 In addition, the file master provides the information that it has about the origin of the data.
1 New content according to the c. 1 of the LF of 19 March 2010 implementing 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 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 Repealed by c. 1 of the LF of 19 March 2010 implementing 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 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 Border posts and cantonal and local police authorities immediately report fingerprints of all fingers of foreigners over the age of 14:
2 In addition, the following data are noted:
3 Data entered according to paras. 1 and 2 are transmitted to the system unit within 72 hours after the person is intercepted. If the person is detained for more than 72 hours, the data must be delivered before it is released.
4 If fingerprinting is not possible due to the state of the person's fingers, they must be delivered to the central unit within 48 hours after a quality seizure is possible. If the seizure is not possible due to the state of health of the person or public health measures, the fingerprints shall be transmitted to the system unit within 48 hours after the reason for the prevention has disappeared.
5 If serious technical problems prevent the transmission of data, an additional 48 hours is granted in order to implement the measures provided for in order to guarantee the operation of the system.
6 Border posts, cantonal and local police authorities and those competent in the field of foreigners can take fingerprints from all fingers of foreigners over the age of 14 who are illegally staying in Switzerland To check whether they have already applied for asylum in another state linked by one of the association agreements in Dublin.
7 Data identified in accordance with paras. 1, 2 and 6 are communicated to the SEM for transmission to the system unit.
8 Data transmitted in accordance with paras. 1 and 2 are recorded by the central unit in the Eurodac database and are automatically destroyed 18 months after the fingerprinting. The SEM requests the central unit to carry out the early destruction of these data as soon as it is aware of the fact that the alien:
9 Art. 102 B , 102 C And 102 E LAsi 2 Are applicable to the procedures defined in paras. 1 to 8.
1 New content according to the c. 1 of the Annex to the AF of 26. 2014 (Resuming R [EU] n O 603/2013 on the creation of Eurodac and amending the R [EU] n O 1077/2011 establishing the IT Agency), in force since 20 July. 2015 ( RO 2015 2323 ; FF 2014 2587 ).
2 RS 142.31
1 The procedure of the federal authorities is governed by the general provisions on the federal procedure.
2 The provisions on the suspension of time limits are not applicable to the procedures laid down in Art. 65 and 76, para. 1, paragraph b, c. 5.
1 Repealed by c. I 1 of the Ass O. Fed. 20 Dec. 2006 on the adaptation of legislative acts to disp. Of the PMQ on the TF and PMQ on the TAF, with effect from 1 Er Jan 2008 ( RO 2006 5599 ; FF 2006 7351 ).
1 Repealed by c. I 1 of the Ass O. Fed. 20 Dec. 2006 on the adaptation of legislative acts to disp. Of the PMQ on the TF and PMQ on the TAF, with effect from 1 Er Jan 2008 ( RO 2006 5599 ; FF 2006 7351 ).
1 A person shall be punished with a custodial sentence of up to one year or of a pecuniary penalty if:
2 The same penalty shall be imposed when the alien, after leaving Switzerland or the international area of transit of the airports, enters or has made arrangements for entering the national territory of another State, in breach of the provisions On entry into the country applicable in that State. 1
3 The penalty is the fine if the author acts by negligence.
4 In the event of an immediate execution of the removal or expulsion, the judge may refrain from prosecuting a foreigner who has been released or illegally entered, to refer the case back to the court or to impose a sentence on him.
1 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 A person shall be punished with a custodial sentence of up to one year or of a pecuniary penalty if:
2 In cases of minor gravity, the penalty may consist of a simple fine.
3 The penalty is deprivation of liberty for up to five years plus a pecuniary penalty or a pecuniary penalty if: 3
1 Introduced by c. I of the LF of 18 June 2010 (Automated border control, document advisers, MIDES information system), in force since 1 Er Jan 2011 ( RO 2010 5755 ; FF 2009 8043 ).
2 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
3 RO 2009 3541
1 Any person who, intentionally, employs a foreigner who is not authorized to engage in a gainful occupation in Switzerland or has recourse, in Switzerland, to a cross-border service provision of a person who does not have the required authorisation shall be punished by a Imprisonment for a maximum of one year or a pecuniary penalty. In serious cases, the penalty will be a custodial sentence of up to three years or a financial penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.
2 Any person who has been legally enforceable under para. 1, again contravenes, in the following five years, para. 1, is punishable by a custodial sentence of up to three years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.
3 If the author acts by negligence, he shall be punished by a fine of not more than 20 000 francs. 1
1 Introduced by ch. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
1 Any person who misleads the authorities responsible for the application of this Law by giving them false indications or concealing essential facts and, as such, fraudulently obtains an authorization for him or a third party or Avoiding the withdrawal of an authorisation shall be punishable by a custodial sentence of up to three years or a pecuniary penalty.
2 Anyone who, in order to evade the requirements on the admission and residence of aliens, enters into marriage with a foreigner, shall be punished by deprivation of liberty for three years if he or she agrees to such a marriage, facilitates or makes it possible At most or a financial penalty.
3 The penalty is deprivation of liberty for up to five years plus a pecuniary penalty or a pecuniary penalty if: 1
1 Any person who contravens a summons to a place of residence or a prohibition of entering a specified area (s. 74) shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.
2 The judge may renounce the pursuit of the alien, refer the case back to the court or impose a sentence:
1 A fine is imposed on anyone, either intentionally or negligently:
2 The Federal Council may provide for a fine of up to 5,000 francs for infringements of the implementing provisions of this Law.
1 Introduced by c. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association with Schengen and Dublin; RO 2008 5407 ; FF 2007 7449 ). Repealed by c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), with effect from 1 Er Oct. 2015 (RO 2015 3023; FF 2013 2277)
A fine is imposed on anyone who processes personal data from the national visa information system or the C-VIS for purposes other than those set out in s. 109 A At 109 D .
1 Introduced by ch. I of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association with Schengen and Dublin; RO 2008 5407 ; FF 2007 7449 ). New content according to Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU on the recovery of the R and D relating to the VIS, in force since 20 January 2014 (RO 2010 2063, 2011 4449, 2014 1; FF 2009 3769).
1 Prosecution and prosecution of offences under s. 115-120 and 120 D Under the jurisdiction of the cantons. Where an offence has been committed in several cantons, the canton competent to prosecute is the first to prosecute them.
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU concerning the recovery of the R and D relating to the VIS, in force since 11 October. 2011 ( RO 2010 2063 , 2011 4449; FF 2009 3769 ).
2 Repealed by c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), with effect from 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 )
1 On the instruction of the SEM, the authorities and administrative authorities may confiscate forged or falsified travel or identity documents and seize the authentic travel or identity documents with a view to giving them to the right holder if any Concrete indications suggest that they are misused.
2 Confiscation or surrender of documents within the meaning of para. 1 is also possible if concrete evidence suggests that genuine travel or identity documents are intended for persons staying illegally in Switzerland.
3 Are considered to be identity documents within the meaning of s. 1 identity documents and other documents providing information on the identity of the alien.
1 New content according to the c. 1 of the Annex to the PMQ of 14 Dec. 2012, effective from 1 Er Feb 2014 ( RO 2013 4375 5357; FF 2010 4035 , 2011 6735).
1 If an employer fails to comply with this Act repeatedly, the competent authority may reject all or part of its applications for admission of foreign workers, unless they have a right to authorization.
2 The competent authority may threaten violators of these sanctions.
3 Costs not covered to the public community by the subsistence of the foreign worker who has not been authorised to engage in a gainful occupation, possible accidents or diseases or his return journey shall be borne by the employer Who hired or intended to do so.
1 New content according to the c. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 An air transport undertaking which infringes the duty of care provided for in s. 92, para. 1, shall be required to pay an amount of 4,000 francs per passenger who does not have the necessary travel documents, visa or residence documents. In serious cases, the amount is 16,000 francs per passenger. In cases of minor gravity, the authorities may refrain from introducing a procedure.
2 A breach of the duty of care is presumed when the undertaking carried a passenger without the travel documents, visa or residence permit required at the time of entry into the Schengen area or the passage through the international zone of Transit of airports and that this passenger was refused entry.
3 There is no violation of the duty of care in the following cases:
4 The Federal Council may provide for exceptions to the payment of the amount set out in para. 1, especially in the event of war or natural disaster.
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 The air transport undertaking which infringes its obligation to communicate is required to pay an amount of 4000 francs per flight. In serious cases, the amount is 12,000 francs per flight. In cases of minor gravity, the authorities may refrain from introducing a procedure.
2 A breach of the obligation to communicate is presumed when the air transport undertaking does not transmit the data provided for in Art. 104, para. 3, or that these data are incomplete or false.
3 There is no breach of the obligation to communicate when the airline proves that:
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
1 Art. 122 A And 122 B Are applicable irrespective of whether the breach of the duty of care or the obligation to communicate has been committed in Switzerland or abroad.
2 Sanctions to be imposed as a result of violations under s. 122 A And 122 B Fall within the competence of the SEM.
3 The procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure 2 . It must be introduced:
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
2 RS 172.021
1 Fees may be paid for decisions rendered and official acts performed under this Law. Disbursements caused by the procedures provided for in this Law may be invoiced in addition.
2 The Federal Council fixes the amount of the federal emoluments and limits the amount of the cantonal emoluments.
3 No form is required to require payment of claims based on this Act. The person concerned may require the competent authority to make a decision.
1 The Federal Council shall monitor the implementation of this Act.
2 The cantons shall enact the implementing provisions.
The repeal and amendment of the existing law are set out in the Annex.
1 Applications filed before the entry into force of this Law shall be governed by the former right.
2 The procedure is governed by the new law.
3 Time limits under s. 47, para. 1, shall begin at the entry into force of this Law, to the extent that the entry into Switzerland or the establishment of the family link is earlier than that date.
4 The criminal provisions of this Law shall apply to offences committed prior to its entry into force when they are more favourable to the author.
5 Art. 107 applies only to readmission and transit agreements concluded after 1 Er March 1999.
6 On the entry into force of the Federal Act of 20 June 2003 on the common information system in the fields of aliens and asylum 1 , art. 108 and 109 are repealed.
1 If there is a reason to proceed with an interim count or the final count under s. 87 LAsi as of June 26, 1998 3 Appears before the entry into force of the amendment of 16 December 2005 of the Asylum Act, the interim or final count and the winding up of the account will be carried out according to the old right.
2 In the case of persons provisionally admitted who carried on a gainful occupation prior to the entry into force of the amendment of 16 December 2005 LAsi and for which no final count was made according to para. 1 before the entry into force of the amendment of 16 December 2005 LAsi, the Federal Council regulates the counting procedure, the amount of the special fee and the duration of its validity, as well as the nature and duration of the seizure of the values Heritage.
3 Procedures concerning art. 85 to 87 LAsi in its version of June 26, 1998 pending the entry into force of the amendment of December 16, 2005 LAsi will be subject to the new right, subject to paras. 1 and 2 of this transitional provision.
4 Subject to paras. 5 to 7, persons admitted provisionally before the entry into force of the amendment of December 16, 2005, LAsi and this Law shall be subject to the new right. Any provisional admission made under Art. 44, para. 3, LAsi will remain valid.
5 The Confederation pays the cantons a package within the meaning of Art. 88, para. 1 and 2, and 89 LAsi for each person admitted provisionally before the entry into force of the amendment of 16 December 2005 LAsi for the duration of this measure, but not more than seven years after the entry into Switzerland of the Person. For persons who are provisionally admitted at the time of the entry into force of the amendment of 16 December 2005 LAsi, the Confederation pays the cantons a unique additional contribution, in particular to facilitate their integration Professional. The Federal Council shall fix the amount.
6 Proceedings pending under s. 20, para. 1, let. B, of the Federal Act of 26 March 1931 on the residence and establishment of aliens (LSEE) in its version of 19 December 2003 4 At the time of entry into force of the amendment of 16 December 2005 LAsi are subject to the applicable law hitherto.
7 The Confederation shall pay to the cantons a single allowance of 15 000 francs for each person whose provisional protection is waived by a binding decision before the entry into force of the amendment of 16 December 2005 LAsi, provided that this No one has left Switzerland yet.
1 Introduced by ch. IV 2 of the L of Dec 16. 2005, in force since 1 Er Jan 2008 ( RO 2006 4745 , 2007 5573; FF 2002 6359 ).
2 RS 142.31
3 RO 1999 2262
4 RO 2004 1633
Until the entry into force of the national visa information system, s. 109 C And 120 D Have the following content:
... 2
1 Introduced by Art. 2 hp. 1 of the AF of 11 Dec. 2009 approving and implementing the exchange of notes between Switzerland and the EU concerning the recovery of the R and D relating to the VIS, in force since 11 October. 2011 ( RO 2010 2063 , 2011 4449; FF 2009 3769 ).
2 The mod. Can be viewed at RO 2010 2063 .
The administrative criminal proceedings for infringement of the duty of care or of the obligation to communicate in abeyation at the time of entry into force of the amendment of 20 June 2014 of this Law shall remain subject to the former right.
1 Introduced by ch. I of the PMQ of 20 June 2014 (Violation of the duty of care and the obligation to communicate by air transport undertakings; information systems), in force since 1 Er Oct. 2015 ( RO 2015 3023 ; FF 2013 2277 ).
On the entry into force of the association agreements in Schengen, the following Articles of this Law shall be amended as follows:
... 1
1 The mod. Can be viewed at RO 2007 5437 .
1 The proceedings pending the entry into force of the amendment of 14 December 2012 of this Law shall be governed by the new right, with the exception of para. 2.
2 Art. 83, para. 5 and 5 Bis , of this Law shall not apply to proceedings pending on the entry into force of the amendment of 14 December 2012 of this Law.
3 Airport managers are responsible for the provision of accommodation at the airport within the meaning of s. 95 A Within two years of the entry into force of the amendment of 14 December 2012 of this Law.
(art. 2, para. 4, and 64 A , para. 4)
The association agreements with Schengen include the following agreements:
The association agreements in Dublin include the following agreements:
1 Introduced by c. III al. 1 of the PMQ of June 13, 2008 (Completed in the framework of the implementation of the Ac. Association in Schengen and Dublin), which has been in force since 12 Dec. 2008 ( RO 2008 5407 5405 s. 2 let. C; FF 2007 7449 ).
2 RS 0.362.31
3 RS 0.362.1
4 RS 0.362.32
5 RS 0.362.33
6 RS 0.362.311
7 RS 0.142.392.68
8 RS 0.362.32
9 RS 0.142.393.141
10 RS 0.142.395.141
(art. 125)
I
The Federal Law of 26 March 1931 on the Residence and Establishment of Foreigners 2 Is repealed.
II
The following laws are amended as follows:
... 3
1 Formerly an annex.
2 [RS 1 113; RO 1949 225, 1987 1665, 1988 332, 1990 1587 art. 3 para. 2, 1991 362 ch. II 11 1034 ch. III, 1995 146, 1999 1111 2253 2262 Annex, c. 1, 2000 1891 c. IV 2, 2002 685 hp. I 1,701 ch. I 1 3988 annex, c. 3, 2003 4557 Annex, c. II 2, 2004 1633 hp. I 1 4655 ch. I 1, 2005 5685 Annex, c. 2, 2006 979 art. 2 hp. 1 1931 art. 18 hp. 1 2197 Annex c. 3 3459 Annex, c. 1 4745 Annex, c. 1, 2007 359 Annex c. 1]
3 The mod. Can be viewed at RO 2007 5437 .
