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RS 142.205 Order of 24 October 2007 on the Integration of Foreigners (OIE)

Original Language Title: RS 142.205 Ordonnance du 24 octobre 2007 sur l’intégration des étrangers (OIE)

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142.205

Foreign Integration Ordinance

(OIE)

24 October 2007 (State 1 Er January 2014)

The Swiss Federal Council,

Having regard to art. 55, para. 3, 58, para. 5 and 87, para. 1, let. A, of the Federal Act of 16 December 2005 on Foreigners (LEtr) 1 , given art. 119 of the Asylum Act of 26 June 1998 (LAsi) 2 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose

This order:

A.
Sets out the principles and goals of the integration of foreigners, as well as the contribution of foreigners to the integration process;
B.
Regulates the tasks of the State Secretariat for Migration (SEM) 1 On integration and tasks and the structure of the Federal Migration Commission 2 (Commission);
C.
Regulates collaboration between federal services to promote integration and collaboration between the MSS and cantonal services on integration issues;
D.
Establishes the procedure and conditions for the granting of financial contributions by the Confederation for the promotion of integration.

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 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 ).

Art. 2 Principles and Goals

(art. 4 and 53 LEtr)

1 Integration aims to establish equal opportunities between Swiss and foreigners in Swiss society.

2 Integration is a multidisciplinary task which the authorities at the federal, cantonal or municipal level must take into account with the support of non-state organisations, social partners and organisations of foreigners included.

3 It is mainly carried out within the framework of the so-called ordinary structures, namely school, vocational training, the labour market and social security institutions and the health sector. The special needs of women, children and young people should be taken into account. Specific measures for foreigners will only be offered as additional support.

Art. 3 Consideration of integration in decisions

(art. 54, para. 2, and 34, para. 4, LEtr)

In exercising their discretion, the authorities shall take into account the degree of integration of the foreigner, in particular in the case of granting an authorisation for early establishment within the meaning of Art. 62 of the Order of 24 October 2007 on admission, residence and the pursuit of a gainful occupation (OASA) 1 For families, the degree of integration of family members should be taken into account.


Chapter 2 Contribution and Duties of Foreigners

Art. 4 Contribution of Aliens to Integration

(art. 4 LEtr)

The contribution of foreigners to integration is manifested in particular by:

A.
Respect for the legal order and values of the Federal Constitution;
B.
Learning the national language spoken at home;
C.
Knowledge of the Swiss way of life;
D.
Willingness to participate in economic life and to acquire training.
Art. 5 Integration Agreement

(art. 32, para. 2, 33, para. 2, and 54, para. 1, LEtr)

1 When granting or extending a residence permit or short-term residence permit, the competent authorities shall have the authority to conclude integration agreements with the persons concerned.

2 The convention of integration shall determine, after consideration of the particular case, the objectives, the agreed measures and the possible consequences of their non-compliance.

3 The purpose of the integration agreement is to acquire the national language spoken at the place of residence and to acquire knowledge on:

A.
The social environment and Swiss way of life;
B.
The Swiss legal system;
C.
Standards and basic rules whose respect is the sine qua non of a smooth cohabitation.
Art. 6 Mandatory participation in integration measures

1 Refugees and persons admitted on a temporary basis who receive social assistance may be forced to participate in integration measures, such as training cycles or occupation programmes.

2 If, without good cause, they do not fulfil this obligation, social assistance benefits may be reduced in accordance with the cantonal law or the art. 83, para. 1, let. D, LAsi.

3 The success of participation in a training cycle or an occupation programme shall be taken into account when considering an application for the grant of a residence permit under Art. 84, para. 5, LEtr.

Art. 7 Mentoring or teaching activities

1 Short-term residence or residence permits may be granted to foreigners engaged in supervision or teaching activities, such as persons providing religious supervision or providing a language and culture course Their country of origin, if:

A.
Possess the skills necessary to carry out their specific activity;
B.
Have knowledge of the national language spoken at the workplace equivalent to level B1 of the Common European Framework of Reference for Languages enacted by the Council of Europe;
C.
Know Swiss social and legal systems (art. 5, para. 3) and are able to pass on this knowledge to the foreigners they supervise.

2 If the conditions set out in para. 1, let. B, are not in place at the time of filing the application, the authorisation may be granted on an exceptional basis as long as the person concerned undertakes, by means of an integration agreement within the meaning of Art. 5, to meet these conditions prior to the extension of its authorization.

3 The authorization is refused or is not extended if there is a ground for revocation within the meaning of s. 62 LEtr in relation to art. 80 OASA 1 .


Chapter 3 Tasks of the Confederation and the Cantons

Art. 8 Coordination and exchange of information

(art. 57, para. 1 and 2, LEtr)

1 The SEM coordinates the integration measures taken by the Confederation. The competent federal bodies associate the SEM with the planning of integration-related measures.

2 The SEM and the cantons associate the communes in an appropriate way with the exchange of information and experience.

Art. Cantonal service responsible for contacts with the SEM on integration issues and coordination within the cantons

(art. 57, para. 3, LEtr)

1 The SEM and the cantonal services responsible for contacts with the SEM for integration issues assist each other in the performance of their tasks. They regularly exchange views and experience.

2 The cantonal services responsible for contacts with the SEM for integration issues inform the SEM on:

A.
The use of financial contributions granted by the EMM and the measures adopted and their effectiveness;
B.
Coordination of cantonal integration measures and the cooperation of authorities and organisations dealing with integration issues;
C.
The cantonal practice of taking account of the degree of integration in decisions under the law of aliens.

3 The competent services in the cantons shall agree on the integration measures to be adopted and shall ensure coordination within the canton.

Art. 10 Information

(art. 4, 54, para. 1, and 56 LEtr)

1 The Confederation, the cantons and the municipalities give information to foreigners on the legal order and the consequences of non-compliance, the standards and basic rules to be respected in order to achieve equality of opportunity with regard to the Participation in social, economic and cultural life, as well as the importance of language skills, training and work.

2 They shall inform the population of migration policy, of the special situation of foreigners and of the objectives of integration measures.

3 The competent authorities report to foreigners offers to encourage integration, including career and career guidance.

4 Foreigners required to take a language or integration course under an integration agreement shall be informed by the competent authorities of the appropriate course offers.

Chapter 4 Financial contributions for the promotion of integration

Section 1 General provisions 3

Art. 11 1 Granting of contributions

SEM makes financial contributions under s. 55, para. 2 and 3, LEtr, within the limits of the credits granted. The amount of contributions shall be fixed in accordance with Art. 17 B And 18.


1 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Jan 2014 ( RO 2013 5351 ).

Art. 12 1

1 Repealed by c. I of the O of 13 Dec. 2013, with effect from 1 Er Jan 2014 ( RO 2013 5351 ).

Art. 13 Domains

(art. 55, para. 3 and 5, LEtr) 1

1 Financial contributions may be made in particular to:

A.
Improve the level of general training of foreigners and encourage their learning of the national language spoken at home;
B.
Encourage the social integration of foreigners;
C.
Ensure that foreigners have equal opportunities for access to ordinary structures, in particular at school, vocational training, the labour market and the health system;
D.
Support pilot projects that serve in particular to promote innovations of national importance and ensure the exchange of experience between the services responsible for integration issues and third parties.

2 The Federal Department of Justice and Police (DFJP) may designate additional areas.


1 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Jan 2014 ( RO 2013 5351 ).

Art. 14 1

1 Repealed by c. I of the O of 13 Dec. 2013, with effect from 1 Er Jan 2014 ( RO 2013 5351 ).

Art. 15 Filing and Review of Applications

1 Requests for financial contributions (s. 11) must be filed, as a general rule, at the SEM.

2 And 3 ... 1

4 The SEM lays down guidelines on the application procedure.


1 Repealed by c. I of the O of 13 Dec. 2013, with effect from 1 Er Jan 2014 ( RO 2013 5351 ).

Art. 16 1

1 Repealed by c. I of the O of 13 Dec. 2013, with effect from 1 Er Jan 2014 ( RO 2013 5351 ).

Art. 17 Decision and Remittance Procedures

Within the limits of the authorised appropriations, the SEM shall decide on the grant of financial contributions; it shall issue directives on the terms of payment.

Section 1 A 4 Cantonal Integration Programs

Art. 17 A Cantonal Integration Programs

(art. 55, para. 2 and 3, LEtr)

1 The strategic objectives agreed by the Confederation and the cantons for the promotion of integration are implemented through cantonal integration programmes.

2 The SEM grants financial contributions for the implementation of cantonal integration programmes on the basis of a programme convention within the meaning of Art. 20 A The Act of 5 October 1990 on subsidies 1 On an exceptional basis, financial contributions may also be provided for in a benefit agreement or granted by way of decision.

3 The programme convention sets out in particular the strategic objectives of the programme, the contribution provided by the Confederation, as well as indicators to assess the degree of achievement of the objectives. It is renewed at the latest after four years.

4 The communes must be involved in the development of the cantonal integration programmes to a fair degree.

5 The cantons decide, within the framework of their integration programmes, on the granting of financial contributions to individual projects.

6 SEM works closely with the cantons during the implementation of the programmes.


Art. 17 B Distribution and amount of contributions

1 The DFJP shall, after consulting the cantons, determine the allocation of financial contributions in favour of the cantonal integration programmes referred to in Art. 55, para. 3, LEtr.

2 The cantons' expenditure to finance cantonal integration programmes according to Art. 55, para. 3, LEtr is at least the amount of the federal contribution.

3 The federal contribution to cantonal integration programs under s. 55, para. 2, LEtr is fixed in accordance with Art. 18.

Art. 17 C Expenses eligible for a contribution

1 Financial contributions to cantonal integration programmes shall be granted in favour of specific incentives for integration carried out in the cantons outside the supply of ordinary structures.

2 Exceptionally, contributions in favour of supply-related measures under ordinary structures can also be granted in the framework of cantonal integration programmes, in particular as initial funding.

3 General administrative tasks shall not be taken into account, in particular the coordination tasks of the cantonal services responsible for contacts with the SEM for the integration matters referred to in Art. 9.

Art. 17 D Report and Control

1 The cantons report annually to the SEM on the use of financial contributions.

2 In particular, the report focuses on progress towards the strategic objectives of the cantonal integration programme, based on the agreed indicators or the benefits provided.

3 Financial supervision is governed by the provisions of the Act of 5 October 1990 on subsidies 1 .


Section 1 B 5 Programs and Projects of National Importance

Art. 17 E Programs and Projects

1 SEM provides financial contributions for nationally significant programs, projects or scientific studies.

2 The SEM may entrust to third parties the execution and coordination of activities related to the projects referred to in para. 1.

3 The Commission may, on the basis of an agreement with the SEM, carry out or coordinate programmes, projects or scientific studies of national importance.

Section 2 6 Grants for the integration of persons provisionally admitted, recognised refugees and persons to be protected by a residence permit

Art. 18 Integration Package

(art. 55, para. 2, LEtr)

1 The Confederation pays the cantons a single integration package of 6,000 francs per person admitted provisionally, recognised refugee and person to protect the holder of a residence permit. This package, which must be earmarked for specific purposes and meet the needs, serves in particular to encourage professional integration and the acquisition of a national language.

2 The package provided for in para. 1 is calculated on the basis of the Swiss consumer price index on 31 October 2007. At the end of each year, the SEM will adapt the package to this index for the following calendar year.

3 The SEM may pay the fee set out in para. 1 on the basis of a programme convention for cantonal integration programmes. Is decisive in determining the annual contribution the average number of persons referred to in para. 1 which were allocated to the canton during the previous period. The calculated amount is increased by a supplement of 10 %.

4 At the end of the programme period, the SEM requires cantons to reimburse unused funds.

5 If no programme of cantonal integration has been agreed, the SEM shall pay the package provided for in para. 1 to the cantonal service responsible for contacts with the SEM on integration issues (art. 9). The Committee shall ensure that the promotion measures are coordinated with the projects and programmes referred to in Art. 17 A And 17 E .

6 The cantons may also use the integration package to finance integration measures in favour of persons admitted on a temporary basis, recognised refugees and persons to be protected by a residence permit when these Measures shall be implemented in the ordinary structures of cantonal social assistance and shall be regarded as assistance in the sense of art. 3 of the Federal Act of 24 June 1977 on the competence for the assistance of persons in need 1 .


Art. 19

Repealed

Chapter 5 Commission

Art. Scope of activity

(art. 58, para. 2, LEtr)

1 The Committee deals with issues arising from the stay of aliens, including asylum seekers, recognised refugees and persons provisionally admitted.

2 It coordinates its activities with those of other federal commissions.

Art. Information

The Commission shall inform the public of its activities. It may issue opinions, recommendations and substantive work on matters relating to the special situation of aliens.

Art. Opinions and recommendations

The Federal Council or departments may ask the Committee for advice and recommendations on migration issues. They decide to broadcast them.

Art. Mediation

The Commission can act as a mediator between the organizations involved in the integration of foreigners and federal authorities.

Art. 24 Activity report

The Commission shall draw up an annual activity report, which shall be published.

Art. 25 Observation of secrecy

Members of the committee are required to observe the secrecy of their deliberations.

Art. 26 Structure

(art. 58, para. 1, LEtr)

1 The Commission consists of 30 members appointed by the Federal Council, where adequate representation of foreigners is taken into account.

2 The Presidency consists of a President and two Vice-Presidents.

3 The Commission is administratively attached to the SEM.

4 It determines how it is organized.

Art. 27 Relations with SEM

(art. 58, para. 4, LEtr)

1 The SEM participates in the meetings of the committee with a consultative vote.

2 It provides an independent secretariat to the committee.

Chapter 6 Final provisions

Art. 28 Repeal of the law in force

The ordinance of 13 September 2000 on the integration of foreigners 1 Is repealed.


1 [ RO 2000 2281 , 2005 4769]

Art. Transitional Provision

In 2008, the SEM may grant financial contributions under Art. 55 LEtr, within the limits of the credits granted, to ensure the success of the individual projects already funded.

Art. Entry into force

This order shall enter into force on 1 Er January 2008.



RO 2007 5551


1 RS 142.20
2 RS 142.31
3 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Jan 2014 ( RO 2013 5351 ).
4 Introduced by c. I of the O of 13 Dec. 2013, in effect since 1 Er Jan 2014 ( RO 2013 5351 ).
5 Introduced by c. I of the O of 13 Dec. 2013, in effect since 1 Er Jan 2014 ( RO 2013 5351 ).
6 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Jan 2014 ( RO 2013 5351 ).


State 1 Er January 2014