Provisional Admission (F permit) — the status between removal and right of residence

Guidance framework (ADR-015 Tier A — public information; LLCA risk: critical). This page describes the legal situation of persons granted provisional admission (F permit) in Switzerland under the Federal Act of 16 December 2005 on Foreign Nationals and Integration (AIG; SR 142.20), in particular Articles 83-88 AIG, as well as under the Federal Act of 26 June 1998 on Asylum (AsylA; SR 142.31). It does not replace asylum or immigration legal advice. For individual proceedings — and in particular in the event of an impending removal, an upcoming decision on an extension, or an application based on hardship grounds — it is essential to involve a legal representative registered in the Swiss Bar Register (BFR) or a legal advice centre approved by the SEM under Article 102f ff. AsylA in conjunction with AsylV 1 Article 52a-g. Date of the legal provisions cited here: 1 January 2024 (AIG as of the date of the draft); update threshold 90 days.

Note: Crisis Card (ADR-017). Individuals with F status live in a state of legal uncertainty – the status is termed "provisional", but in practice, it often lasts for decades. This page explains the legal situation. It cannot predict how a specific procedure will be decided, and it provides no recommendation as to whether, when and how a hardship application should be submitted. If you are acutely threatened with removal or loss of status, please contact a lawyer registered with the FAC immediately; in asylum proceedings, the assigned legal advice centre under Art. 102f ff. AsylA is also available.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

1 What is provisional admission (F permit)?

1.1 Legal basis — Art. 83 FNIA

The provisional admission is a substitute measure for a removal that cannot be carried out. It is ordered by the State Secretariat for Migration (SEM) when the execution of the removal is impossible for legal or factual reasons. Article 83 of the Federal Act on Foreign Nationals and Integration (AIG) applies:

Art. 83 FNIA — Order for provisional admission ¹ If the enforcement of the removal order is not possible, not permitted or not reasonable, the SEM orders the provisional admission. ² Enforcement is not possible if the foreign national cannot leave for or be brought to their country of origin or a third country. ³ Enforcement is not permitted if Switzerland’s obligations under international law preclude the further travel of the foreign national to their home country, country of origin or a third country. ⁴ Enforcement may be unreasonable for foreign nationals if they are specifically at risk in situations such as war, civil war, general violence and medical emergencies in their home or country of origin.

The three obstacles to enforcement are cumulatively alternative – it is sufficient for one of the three reasons (impossibility, inadmissibility, undue hardship) to exist for the SEM to order provisional admission:

• Impossibility (para. 2): The person concerned is factually unable to leave the country – for example, because they lack travel documents, because their country of origin will not accept them back, or because no technically feasible return is possible.
• Inadmissibility (para. 3): The removal would violate Switzerland’s international obligations, in particular the non-refoulement principle under Art. 33 of the 1951 Refugee Convention (SR 0.142.30), Art. 3 of the European Convention on Human Rights (SR 0.101) and Art. 3 of the UN Convention against Torture (SR 0.105). Unlike the concept of undue hardship, inadmissibility is linked to specific individual risks.

The consequence: despite a negative asylum or removal decision, the person is allowed – and must – remain in Switzerland. They receive the F permit.

1.2 “Provisional” — Word versus Reality

The status name includes the word "provisional". In law, the F permit is actually limited to 12 months and is to be extended periodically (Art. 85 para. 1 AIG, see section 3). In practice, however, the provisional admission lasts for several years, often decades, for many people – as long as the obstacles to enforcement continue to exist. The Federal Supreme Court case law and legal doctrine therefore often refer to a "consolidated provisional admission".

This discrepancy between the status name and the actual situation is the main difficulty for holders of an F permit: they are planning a life in Switzerland (work, family, accommodation, children's school) based on a status that is formally short-term and expires as soon as the obstacles to enforcement are removed. This page does not provide a forecast of when and under what circumstances this will happen.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

2 Two types of F status – the most important distinction

The F permit covers two legally distinct groups of people, which are often confused in official usage. Distinguishing between them is crucial for all subsequent legal matters (family reunification, travel documents, social welfare).

2.1 F status (“classic” – temporarily admitted person without refugee status)

The more common scenario: the SEM has rejected the asylum application and thus denied refugee status, but concludes that enforcement of the removal order is precluded for one of the three reasons under Fedlex·Art. 83 AIG (impossibility, inadmissibility, undue hardship). Legal basis: Art. 83 para. 1 AIG in conjunction with the negative asylum decision.

In this case, the F permit does not bear the endorsement "refugee". In practice, the SEM refers to this situation as "foreign national provisionally admitted" (VA foreign national, often also "VA-A").

2.2 F status as a “provisionally admitted refugee” (F refugee)

The rarer, legally more privileged option: the SEM determines that the person meets the criteria for refugee status according to Art. 3 AsylA, but asylum cannot be granted because an exclusion clause according to Art. 53 AsylA applies (e.g. reprehensible acts, endangering internal or external security) or because the requirements for an asylum family reunification procedure are not met. Legal basis: Art. 83 para. 8 AIG in conjunction with Art. 60 para. 1 AsylA.

Art. 83 para. 8 FNIA If the foreign national who has been subject to a removal order meets the criteria for refugee status, they will be granted provisional admission as a refugee, provided that there are no grounds for exclusion from asylum.

In this case, the F permit bears the endorsement "refugee" ("F refugee", "VA-F"). The legal status is significantly better than that of the "classic" F status – see section 4 for the detailed differences.

2.3 Practical test: Am I an F or F-refugee?

The distinction is indicated on the identity document: the endorsement "refugee" on the F permit is decisive for the special rights. If no such endorsement is present, it concerns the "classic" F status. In case of doubt: ask the migration office of the canton of residence – or obtain a written confirmation of the status category from the SEM.

This page does not provide guidance on whether, when and with what arguments an "application for an upgrade" (from the standard F permit to an F refugee permit) should be submitted. Such procedures are legally complex and require legal representation registered with the BFR.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

3 Validity and Extension

3.1 Initial issue and renewal period

Art. 85 FNIA — Provisions on provisional admission (para. 1) ¹ The permit for persons provisionally admitted (Art. 41 para. 2) is issued by the canton of residence and is valid for a maximum of twelve months for control purposes and is extended subject to Article 84.

The F permit is therefore issued for 12 months. Before it expires, the cantonal migration office automatically checks whether it can be extended; the person does not have to actively submit an application for an extension, but they do have a duty to cooperate (providing their current address, identity documents and details of their stay).

The extension is granted for as long as the obstacles to enforcement under Art. 83 AIG persist. If these obstacles cease to exist (e.g. peace agreement in the country of origin, recovery of travel documents, improvement in health), the SEM will examine the revocation of the provisional admission under Fedlex·Art. 84 AIG.

3.2 Revocation — Art. 84 FNIA

Art. 84 FNIA — Termination of provisional admission (paragraphs 1 and 2 summarised) ¹ The SEM periodically checks whether the conditions for provisional admission are still met. ² It revokes the provisional admission and orders the execution of the removal if the conditions are no longer met.

The decision on termination can be appealed to the Federal Administrative Court (Fedlex·Art. 112 AIG i. V. m. Art. 105 AsylA, insofar as the provisional admission took place in the context of asylum law). This page does not provide a forecast on the prospects of success of such an appeal.

3.3 Transition to the ordinary residence permit — Art. 84 para. 5 LEI/LStrI/FNIA

A differently structured termination — not through removal, but through progression to an ordinary residence permit — is provided for in Art. 84 para. 5 AIG (hardship case). Details can be found in section 5.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

4 Rights with an F permit

The following overview addresses the differences between the "classic" F status and F refugee status, where the law provides for different rules. The rights of F refugees are consistently better because Article 59 of the Asylum Act applies, which extends the scope of the 1951 Refugee Convention (SR 0.142.30) and the national special provisions of the Asylum Act.

4.1 Gainful employment — Art. 85a LEI/LStrI/FNIA (as amended since 1 January 2019)

The most important improvement in the more recent revisions of the AIG: individuals with an F permit may be employed in a non-self-employed capacity throughout Switzerland. They do not require a separate work permit; it is sufficient for the employer to register with the cantonal labour office before the employee starts work.

Art. 85a FNIA — Gainful employment (in substance) Foreign nationals who have been granted provisional admission may engage in gainful employment throughout Switzerland. The employer must notify the competent cantonal authority of the commencement of employment in advance.

The principle of priority for nationals and the prior assessment of the labour market situation have been expressly abolished for F permit holders since the integration initiative of 2019. Self-employment is also permitted; it is subject to the commercial, social security and tax regulations, but not to asylum law restrictions.

F asylum seekers are granted additional equal treatment in the Swiss labour market under Art. 61 of the Asylum Act:

Art. 61 AsylA — Gainful employment Persons to whom Switzerland has granted asylum or who have been provisionally admitted as refugees are entitled to engage in dependent employment in Switzerland or to change their place of work or occupation.

4.2 Residence and choice of accommodation

F-persons are assigned to the canton to which they were allocated by the SEM pursuant to Art. 27 AsylA. Within the canton, there is free choice of place of residence. A change of canton is only permitted under the conditions of Art. 85 para. 3 AIG (unity of the family, severe personal hardship or protection from violence); the authorisation is granted by the SEM at the request of the person concerned.

Art. 85 para. 3 FNIA The Federal Office may change the place of residence of persons who have been granted provisional admission for important reasons.

In cantonal practice, the freedom of residence within the canton is regularly restricted by conditions attached to social welfare benefits (assigned accommodation, reporting obligations). These conditions are permissible insofar as they are proportionate; a general assessment is not possible here.

4.3 Social welfare — lower level of social assistance for asylum seekers compared to equal treatment for F refugees

Classic F protection status (without the refugee status annotation):

Art. 86 FNIA — Social welfare and health insurance ¹ The cantons regulate the determination and provision of social welfare and emergency assistance for persons provisionally admitted. Articles 80a, 81, 82, 83 and 84 of the AsylA apply to asylum seekers. Support for persons provisionally admitted is generally provided in the form of in-kind benefits. The level of support is lower than for a local person applying for assistance.

Specifically, individuals with a "classic" F status receive asylum social assistance at reduced rates, often in the form of in-kind benefits (accommodation, food) plus pocket money. The amount is below the SKOS guidelines for ordinary social assistance. The exact details vary from canton to canton.

F-refugees: Under Art. 59 of the Asylum Act, they are in principle treated the same as Swiss nationals for the purposes of social welfare (analogous to recognised refugees B; see permits/permit_a_recognised_refugee.md section 5.5). The responsibility lies with the canton of residence; the amount is determined in accordance with the SKOS guidelines.

4.4 Family reunification — Art. 85 para. 7 AIG (classic F) vs. Art. 51 AsylG (F refugee)

Classic F status: Family reunification under Art. 85 para. 7 AIG, restricted and subject to waiting periods:

Art. 85 para. 7 LEI/LStrI/FNIA — Family reunification of persons admitted provisionally Spouses and unmarried children under the age of 18 of persons granted provisional admission and of provisionally admitted refugees may be brought to join them and included in the admission no earlier than three years after the order for provisional admission if: a. they live with them; b. suitable accommodation is available; and c. the family is not dependent on social welfare.

The three cumulative requirements (living together, adequate accommodation, no dependence on social welfare) are high in practice – in particular, the requirement of not being dependent on social welfare is hardly achievable for many F-permit holders who receive asylum social assistance. The three-year waiting period begins with the order for provisional admission issued by the SEM.

F refugees: Under Art. 51 para. 1 of the Asylum Act in conjunction with Art. 59 of the Asylum Act, the privileged family asylum applies:

Art. 51 para. 1 AsylA Spouses of refugees and their minor children are recognised as refugees and granted asylum, unless there are special circumstances to the contrary.

For F refugees, the three-year period under Art. 85 para. 7 AIG and the social welfare criterion for the nuclear family (spouses and minor children) who were already part of the family before the flight, no longer apply. See permits/permit_a_recognised_refugee.md section 5.3 for details.

4.5 Travel documents — no travel document as a matter of course

Standard F protection status: No travel document is issued to refugees. Upon request, the SEM may, pursuant to the Ordinance of 14 November 2012 on the Issuance of Travel Documents for Foreign Nationals (RDV; SR 143.5), issue a travel document for foreign nationals or a return visa if substantiated special reasons exist (e.g. medical treatment, funeral of close relatives). The practice is restrictive; travel does not take place to the country of origin.

Important warning regarding the loss of status due to travel. A journey to the country of origin is generally incompatible with F status. It regularly endangers the provisional admission, because it appears to refute the obstacle to enforcement (in particular the unreasonable nature according to Art. 83 para. 4 AIG). Even the acquisition of a passport from the country of origin at the embassy in Switzerland can lead to the revocation of the provisional admission. Before any journey or application for a passport in the country of origin: consult a legal representative registered with BFR.

F refugees: Under Art. 59 AsylA, they are generally entitled to a refugee travel document according to Art. 28 of the 1951 Convention relating to the Status of Refugees — the same as recognised refugees. However, travel to the country of origin also carries the risk of revocation of refugee status under Art. 63 AsylA; see permits/permit_a_recognised_refugee.md section 8.

4.6 Education

The right to education and access to compulsory schooling are granted on an equal footing with all other children; Art. 19 of the Federal Constitution (right to primary school education) applies regardless of immigration status. Secondary level II (vocational training, grammar school) is generally open; vocational training is easily accessible under Art. 85a of the Federal Act on Foreign Nationals and Integration (employment is permitted).

Tertiary level (university, university of applied sciences) is legally possible; however, in practice, the obstacles are financial – tuition fees, cost of living, and limited access to scholarships for many F persons. The cantonal scholarship regulations treat F persons differently; a general statement is not possible.

4.7 Health Insurance

Persons with an F permit are, according to the Federal Act of 18 March 1994 on Health Insurance (KVG; SR 832.10), obligatorily covered by health insurance. Entry into the mandatory insurance scheme takes place upon taking up residence in Switzerland. During the asylum social assistance phase, the insurance is organised at cantonal level (assigned health insurers, reduction through premium relief); after entering the ordinary labour market with their own income, the insurance is provided individually.

4.8 Political Rights

Holders of an F permit do not have the right to vote or stand for election at federal level (this requires Swiss citizenship). Municipal and cantonal voting rights for foreign nationals (e.g. in Jura and Neuchâtel at municipal level) usually require a settlement permit or a multi-year residence permit, which F permit holders typically do not have. Details vary by canton.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

5 Transition from F to B (hardship case) — Art. 84 para. 5 LEI/LStrI/FNIA in conjunction with Art. 30 para. 1 lit. b LEI/LStrI/FNIA

5.1 Legal basis

The path from F status to an ordinary residence permit (B) does not automatically involve a period of time, but rather the hardship case procedure:

Art. 84 FNIA — Termination of provisional admission (para. 5) The application for the issue of a residence permit for provisionally admitted persons who have been in Switzerland for more than five years will be examined in greater depth, taking into account their integration, family circumstances and the hardship of returning to their country of origin.

In terms of substantive law, the permit is linked to the general hardship case provision:

Art. 30 para. 1 lit. b LEI/LStrI/FNIA — Serious personal hardship case Der Aufenthalt einer ausländischen Staatsangehörigen kann unter Umständen von den Zulassungsvoraussetzungen (Art. 18-29) abweichen, wenn dieser oder dieser einen schwerwiegenden persönlichen Härtefall aufweist.

The specific criteria can be found in Art. 31 OASA (Ordinance on Admission, Residence and Employment; SR 142.201).

5.2 Requirements — Overview

In summary, the following are required for the granting of an ordinary B residence permit after a multi-year period of provisional admission F:

1. At least five years of provisional admission in Switzerland (Art. 84 para. 5 AIG; in practice, 7-10 years is often the de facto threshold).
2. Successful integration as defined in : Respect for public safety and order, adherence to constitutional values, language skills (typically A2 oral / A1 written or higher, varying by canton), participation in economic life or in acquiring education.

5.3 Procedure — initiated at cantonal level, federal approval required

The procedure is in two stages:

1. Application to the cantonal migration office of the canton of residence. The initiative formally lies with the person concerned; the cantonal office checks whether it will submit the case file to the SEM for approval.
2. Approval by the SEM pursuant to Fedlex·Art. 99 AIG in conjunction with AsylV 1 Art. 85 (federal approval requirement). The SEM is not bound by the cantonal decision; it conducts its own review.

Both authorities have discretion. There is no legal entitlement to the granting of a B permit – even after a long period of provisional admission (F) and fulfilment of the integration criteria. The refusal can be appealed to the cantonal administrative court (or the cantonal appeal body) and subsequently to the Federal Administrative Court.

5.4 Reality: lengthy and uncertain procedures

In practice, hardship procedures take many months, often more than a year, and end at the discretion of the authorities – meaning there is no guarantee that the permit will be granted. The approval rates at cantonal level vary considerably; a general success rate cannot be specified. This page does not provide a forecast on the outcome of a specific hardship application. For individual advice: a lawyer registered with the BFR or a legal advice centre approved by the SEM.

Cross-reference: Detailed explanation of the hardship case criteria, cantonal practice clusters and risks: life-events/le_haertefall_art30.md.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

6 Transition from F (or B) to C — C settlement permit

A direct grant of the C settlement permit from the F status is not provided for in law. The path to the C permit necessarily involves the following:

1. F → B (hardship case under Art. 84 para. 5 LEI/LStrI/FNIA, section 5).
2. B → C in accordance with Fedlex·Art. 34 AIG: generally after 10 years of lawful residence with a residence permit (5 years in the event of successful integration in accordance with Art. 34 para. 4 AIG).

The time spent in F status is counted towards the 10-year period under Fedlex·Art. 34 AIG, but this is subject to certain restrictions – the exact practice varies. SEM guidelines typically require that the F period be regarded as "lawful stay" if no removal order has become final and the F permit has been continuously valid.

For recognised refugees B (with the endorsement "refugee"), Article 60(2) of the Asylum Act also applies, allowing for early settlement after 5 years if integration is successful. F refugees only benefit from Article 60(2) of the Asylum Act after they have switched to B status with the endorsement "refugee" – which in turn requires the hardship procedure under Article 84(5) of the Federal Act on Foreign Nationals and Integration, but this typically proceeds more quickly in this case.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

7 Special chapter — F-refugee in detail

7.1 Legal status of recognition as a refugee without asylum

The person admitted provisionally under the F procedure has two legally distinct characteristics:

1. Recognised refugee status under Art. 3 of the Asylum Act, with full application of the 1951 Refugee Convention (Art. 59 Asylum Act).
2. F provisional admission as a residence permit (Art. 83 para. 8 AIG) because an exclusion ground under Art. 53 AsylA prevents the granting of asylum.

The 1951 Refugee Convention guarantees a number of protection rights that exist independently of the domestic residence permit: non-refoulement (Art. 33 of the 1951 Refugee Convention), travel document (Art. 28 of the 1951 Refugee Convention), equal treatment in education (Art. 22 of the 1951 Refugee Convention), social assistance (Art. 23 of the 1951 Refugee Convention), access to the labour market (Art. 17 of the 1951 Refugee Convention). These rights apply to F-refugees as well as to recognised refugees with a B residence permit.

7.2 Family Reunification Privilege

As mentioned in section 4.4: F-refugees benefit from the privileged family asylum provision under Art. 51 AsylA for the nuclear family (spouses and minor children who already belonged to the family before the flight). This means that the three-year period and the social welfare criterion under Art. 85 para. 7 AIG do not apply to this group of people.

7.3 Consolidation — Transition to recognised refugee B

If the grounds for exclusion from asylum under Art. 53 AsylA no longer apply (e.g. after the expiry of the period of limitation for the underlying act, after rehabilitation, if the case law on the threat to security has changed), the SEM may, on application or ex officio, convert the status to asylum and issue a B residence permit with the endorsement "refugee". The requirements and practice for this conversion are rare and depend on the individual case; this page does not provide any recommendations on application strategies.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

8 Loss and revocation of the F permit

The F permit can terminate in several ways:

8.1 Removal of obstacles to enforcement — Art. 84 para. 1-2 LEI/LStrI/FNIA

As shown in section 3.2: As soon as the SEM determines that the grounds under Fedlex·Art. 83 AIG no longer exist (end of hostilities, elimination of the medical emergency, recovery of travel documents), it revokes the provisional admission and orders the execution of the removal. The ruling is subject to appeal to the FAC.

8.2 Travel to the country of origin

A trip to the country of origin or seeking protection there (e.g. obtaining a repatriation document via the embassy) refutes the impediment to enforcement and regularly leads to the lifting of the measure. In the case of F refugees, the revocation procedure under Art. 63 AsylA also applies (loss of refugee status).

8.3 Criminal conviction — grounds for revocation, Art. 62 / Art. 63 LEI/LStrI/FNIA

If convicted of a longer-term prison sentence (in practice: more than 12 months, the Federal Supreme Court’s case law varies) or in the event of a “serious breach of public safety and order”, the SEM may revoke the provisional admission – even if the obstacles to enforcement under Fedlex·Art. 83 AIG persist. However, the international law limitation of non-refoulement (Art. 33 of the 1951 Convention, Art. 3 ECHR) applies, which in many cases prevents actual removal – which can lead to situations in which the F permit is revoked, but enforcement is still not possible.

8.4 Dependence on social welfare — only under strict conditions

Reliance on social welfare alone does not lead to the cancellation of provisional admission. However, it may:

• make the transition from F to B (hardship case, section 5) more difficult or prevent it (factual requirement: independence from social welfare);
• prevent family reunification under Art. 85 para. 7 AIG (independence from social welfare is an explicit requirement);
• to make subsequent naturalisation under Art. 12 SCA more difficult (see framework/fw_bug_2018_glossary.md).

8.5 Revocation in the case of F refugees — Art. 63 AsylA

In the case of F refugees, the procedure for withdrawing refugee status under Art. 63 AsylA also applies. Grounds for withdrawal correspond to Art. 1 para. C of the 1951 Refugee Convention (voluntary availing of protection from the country of origin, cessation of the persecution situation, etc.). Details: permits/permit_a_recognised_refugee.md section 6.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

9 Data protection — AsylA Art. 97-98 also applies to holders of F permits.

Art. 97 AsylA — Communication of personal data to the country of origin or the country from which the person came (para. 1, in substance) Personal data of asylum seekers, recognised refugees and persons in need of protection must not be disclosed to their country of origin or country of habitual residence if this would endanger the person concerned or their family members.

Art. 98 AsylA — Notification to third countries and international organisations (in substance) The disclosure of personal data to third countries and international organisations is only permitted under restrictive conditions.

These provisions protect holders of F permits (in particular, F refugees) against the transfer of data to their country of origin. They also apply to private entities that cooperate with the authorities. For details, see framework/fw_asylg_glossary.md, section 5.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

10 Statistics and Demography

The following figures are estimates based on the most recent SEM publications; they quickly become outdated and should be checked against the latest SEM statistics before each use.

• Number of F permits in Switzerland: In the region of 40,000-55,000 people (as at 2023-2024).

A more detailed breakdown – average duration of F permits, transition rates from F to B permits, cantonal distribution – can be found in the annual SEM asylum statistics at https://www.sem.admin.ch/sem/de/home/publiservice/statistik/asylstatistik.html. This page does not replace the current SEM publication.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

11 Procedures and Authorities

11.1 Federal Authorities

• State Secretariat for Migration (SEM) — decides on the granting, extension and revocation of provisional admission, on consent in hardship cases (Fedlex·Art. 99 AIG), and on the issuance of travel documents. Registered office: Quellenweg 6, 3003 Bern-Wabern.
• Federal Administrative Court (FAC) — appellate body against SEM rulings ( i. V. m. Art. 105 AsylA, insofar as it concerns asylum law). Seat: St. Gallen.

11.2 Cantonal authorities

• Cantonal migration office of the canton of residence — issuing and extending F permits, registering employment under Fedlex·Art. 85a AIG, applying for hardship proceedings (Art. 84 para. 5 AIG), granting permission for a change of canton (Art. 85 para. 3 AIG).
• Cantonal social welfare and municipal social services — asylum social welfare or ordinary social welfare (in the case of F refugees).
• Cantonal administrative courts — court of appeal against rulings issued by cantonal migration offices (before access to the FAC in certain cases).

11.3 Legal advice and representation

• In asylum proceedings (before a decision on status is made) and in the preparatory/decision phase of the accelerated procedure: free legal advice and representation pursuant to Art. 102f ff. of the Asylum Act in conjunction with AsylV 1 Art. 52a-g, provided by legal advice centres approved by the SEM (Caritas, HEKS, Swiss Refugee Council / OSAR, SOS Ticino).
• After the grant of status (ongoing F permit) and in the extended procedure: lawyers registered with the BFR. If necessary, cantonal legal aid can be applied for (Fedlex·Art. 65 VwVG for federal proceedings; cantonal provisions for cantonal proceedings).

Details can be found in framework/fw_asylg_glossary.md, section 4.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

12 Common Points of Confusion — the Most Important Distinctions

12.1 F ≠ N

The N permit (Art. 42 AsylA) confirms the pending asylum application and is not a residence permit. F is issued after the conclusion of the asylum procedure – if the application has been rejected, but enforcement is not possible/permissible/reasonable.

Practical difference: N permit holders are subject to restrictions on gainful employment (no right to work for the first three months, Art. 43 AsylA); F permit holders have full access to the labour market under Fedlex·Art. 85a AIG.

12.2 F ≠ B "Refugee"

The recognised refugee B has been granted asylum and holds a B permit with the endorsement "refugee". F persons do not have asylum status. F refugees do have refugee status, but due to exclusion grounds, they are not granted asylum – their legal status is worse than that of a recognised refugee B (in particular, in terms of securing their right of residence, entitlement to a C permit, and the possibility of changing their cantonal place of residence).

See permits/permit_a_recognised_refugee.md, section 9.1 (comparison table) for details.

12.3 F refugee ≠ classic F

As shown in section 2: The two variants of the F status have significantly different rights – in particular with regard to family reunification (Art. 51 AsylA vs. Art. 85 para. 7 LEI/LStrI/FNIA), travel documents (travel document vs. no travel document) and, in some cases, also with regard to social assistance. The note "refugee" on the F permit is constitutive.

12.4 F ≠ S

The S protection status (Art. 4 + 66 ff. AsylA) is a collective protection status, which is triggered and terminated by the Federal Council by means of an ordinance. F is an individual status granted after an individual assessment. For details, see permits/permit_s_ukraine_temporary_protection.md.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

13 Glossary and Cross-References

13.1 Internal cross-references

13.2 External Sources

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

14 Anti-Scope Notice, Crisis Pathway, Duty to Update

This page is Tier A (public information) in accordance with ADR-015 and carries a critical LLCA risk. It describes the legal situation regarding provisional admission under Fedlex·AIG Art. 83-88 and cross-references to the AsylA. It is not:

• a recommendation as to whether, when or with what arguments a hardship application (Art. 84 para. 5 LEI/LStrI/FNIA) should be submitted;
• a forecast regarding the outcome of an annulment, extension, hardship or appeal procedure;
• advice on choosing the right procedural strategy, on how to deal with the SEM, or on how to handle the threat of removal;
• a recommendation regarding the use or avoidance of social welfare in relation to the transition from F to B status;
• a recommendation to travel to third countries or the country of origin.
• a guarantee that the legal situation presented here is still valid at the time of consultation (as of 1 January 2024, AIG; update threshold 90 days).

Crisis Pathway (ADR-017). Individuals with F status who are facing an acute threat to their status – impending refusal of an extension, withdrawal of provisional admission, removal order, summons to the SEM or migration office with an unclear background – should not attempt to manage the situation on their own. First points of contact:

• the legal representation assigned during the asylum procedure (if still active, which is common in the preparatory and decision-making phases; see Art. 102f ff. AsylA);
• a legal advice centre approved by the SEM (Caritas, HEKS, OSAR, SOS Ticino) in the respective canton;
• a lawyer registered in the Swiss Bar Register (BFR), specialising in asylum and immigration law — see framework/fw_asylg_glossary.md for cantonal bar register URLs.

If there is financial need, legal aid can be applied for (Fedlex·Art. 65 VwVG for federal proceedings; cantonal provisions for cantonal proceedings).

For individual queries regarding extensions, hardship cases, family reunification, travel documents or the potential revocation of status, it is mandatory to involve a lawyer registered with the BFR or a legal advice centre approved by the SEM. SwissImmigrationPro does not accept mandates and does not replace legal representation.

Reviewer Status: PENDING — CLR (Lawyer-of-Record), will sign off on the page before it is released. The draft_status will only change from AI-DRAFT to REVIEWED after the editing process has been completed. All `` markers must be resolved before release.