If the cantonal migration office refuses, revokes or does not renew your permit, orders your removal or turns down family reunification or a hardship application, you can appeal. You usually have 30 days from the day you receive the decision, and this deadline cannot be extended: if you miss it, the decision becomes final. For most cantonal permit decisions the path is a cantonal appeal body, then the cantonal administrative court, then the Federal Supreme Court. Contact a lawyer specialising in migration law as soon as you receive the decision.

In short

  • Deadline: usually 30 days from receipt of the decision. It cannot be extended. Asylum appeals have shorter deadlines: 7 or 5 working days in some cases.
  • Where to appeal: the notice of rights at the end of your decision names the body and the deadline. Follow it.
  • Your status while you appeal: an appeal usually suspends the decision, so you can stay and your permit remains in effect. At the Federal Supreme Court this is not automatic: you must ask for it.
  • Legal aid: if you cannot afford the costs and your appeal is not hopeless, you can apply for free proceedings and a free lawyer.
  • Get a lawyer early: you can represent yourself, but the formal rules are strict.

The decision you are challenging

You appeal against a ruling (Verfügung), usually from the cantonal migration office, sometimes from the SEM or a Swiss embassy or consulate.

Under Art. 5 of the Federal Act on Administrative Procedure (APA, SR 172.021), a ruling is an official order by an authority in an individual case that creates, changes or cancels rights or obligations, confirms whether they exist, or rejects a request about them. Immigration rulings are always in writing.

The APA applies directly only to federal authorities. Cantonal procedure follows each canton's own administrative procedure act, but the principles are largely the same. The APA articles here are a federal reference point; your notice of rights and cantonal law decide what applies to you.

A ruling contains:

  • the facts the authority considers established;
  • the reasons, applying the law (for example an FNIA provision) to the facts;
  • the decision itself: revocation, non-renewal, removal with a departure deadline, perhaps an entry ban and costs;
  • the notice of rights: the appeal body, the deadline, the formal requirements and the address;
  • the signature of the responsible officer and the date.

If the notice of rights is missing or wrong

A missing, wrong or unclear notice must not work against you (protection of legitimate expectations; for federal proceedings Art. 38 APA). If you send your appeal to the wrong body because the notice named it, the deadline is usually treated as met, and the body forwards it to the right one (Art. 8 and Art. 21 para. 2 APA, with cantonal law). But you cannot rely on this if you could have spotted the error yourself with reasonable care. Always count the 30 days to be safe.

Step 1: cantonal appeal

Who hears it

The first appeal against a cantonal migration decision goes to the cantonal administrative court or, in some cantons, first to an appeals commission, a directorate or another body. The notice of rights in your decision names it. Examples (names change with court reforms, so check your notice):

  • Zurich: an appeal at directorate level, then the Administrative Court of the Canton of Zurich;
  • Bern: a directorate level first, then the Administrative Court of the Canton of Bern;
  • Geneva: the Tribunal administratif de première instance (TAPI), then the Chambre administrative de la Cour de justice;
  • Vaud: the Cour de droit administratif et public du Tribunal cantonal (CDAP);
  • Ticino: the Tribunale cantonale amministrativo.

The deadline

The standard deadline is 30 days from receipt (Art. 50 APA for federal proceedings), and almost every canton uses it for immigration decisions. A few cantonal rules differ, so the deadline in your notice of rights is the one that counts.

  • It runs from receipt, not sending. For registered post, receipt is the day you took delivery or collected it. If you do not collect it, it counts as delivered on the seventh day after the failed delivery attempt (Art. 20 para. 2bis APA).
  • The day of receipt does not count. The deadline starts the next day (Art. 20 para. 1 APA).
  • Weekends and holidays: if the last day is a Saturday, Sunday or a public holiday at the seat of the authority, the deadline moves to the next working day (Art. 20 para. 3 APA).
  • No extension: statutory deadlines cannot be extended (Art. 22 para. 1 APA). If you miss it, the decision becomes final.
  • Restoration: only if you or your representative were prevented through no fault of your own, for example emergency hospitalisation or a natural disaster (Art. 24 APA). You must apply within 30 days after the obstacle ends and file the missed appeal at the same time.

What the appeal must contain

Write your appeal in an official language used in the proceedings (German, French or Italian, depending on the canton). It must contain (Art. 52 APA for federal proceedings, the cantonal equivalent otherwise):

  • what you are asking for: for example cancelling the decision, sending the case back to the migration office, granting the refused permit or shortening an entry ban;
  • the reasons: the facts and legal arguments supporting your request;
  • evidence: documents, or offers of evidence you cannot attach;
  • attachments: a copy of the decision, your passport and permit, and your lawyer's power of attorney if you have one;
  • your signature or your lawyer's.

You can file electronically if the body runs a recognised platform, with a qualified electronic signature (Art. 21a APA for federal proceedings).

Costs

Court fees depend on the canton's tariff, the work involved and the amount at stake, and are set in the decision. Lawyer's fees come on top, under the cantonal tariff or your agreement with the lawyer. If you cannot pay, apply for legal aid (see below).

Your status during the appeal

The authority can remove or refuse suspensive effect if there is an overriding public interest in immediate enforcement (Art. 55 para. 2 APA). This happens more often in security cases (Art. 62 para. 1 let. c and Art. 63 para. 1 let. b FNIA). You can challenge that interim decision separately.

How long it takes

Several months to over a year, longer when evidence is complex. The annual reports of the cantonal courts give current figures.

Step 2: Federal Administrative Court (only in some cases)

When it is involved

The Federal Administrative Court in St. Gallen hears appeals against decisions of federal authorities, under the Administrative Court Act (ACA, SR 173.32).

  • Cantonal decisions (revocation, non-renewal, cantonal removal, refusal of family reunification): the Federal Administrative Court is not involved. The appeal stays in the canton, from the first cantonal body to the last cantonal court, and then goes directly to the Federal Supreme Court.
  • SEM decisions (for example an entry ban under Art. 67 FNIA, a visa refusal by a Swiss embassy, refugee status or asylum decisions): the Federal Administrative Court is the appeal body (Art. 31 ACA with Art. 5 APA).
  • Asylum appeals always go to the Federal Administrative Court (see the asylum section below).

There is no path from a cantonal court to the Federal Administrative Court: it only hears decisions of federal authorities such as the SEM. For ordinary cantonal permit decisions, the Federal Administrative Court plays no part. Your notice of rights always names the next body.

The practical details

  • Deadline: 30 days from receipt (Art. 50 APA).
  • Address: Federal Administrative Court, P.O. Box, 9023 St. Gallen. Use the address in your notice of rights and check the court's website.
  • Language: German, French or Italian.
  • Content: as for the cantonal appeal (Art. 52 APA), in writing or electronically with a qualified electronic signature.
  • Costs: set by the court's cost rules in the decision. If you win, the authority usually bears them. Lawyer's fees come on top.
  • Suspensive effect: in principle yes (Art. 55 para. 1 APA), but it can be removed for security-related SEM decisions such as entry bans or removals.
  • Duration: short for asylum appeals from the accelerated procedure, much longer in the extended procedure. The court's annual reports give current figures.

Step 3: Federal Supreme Court

When you can appeal

The Federal Supreme Court in Lausanne is the last instance, under the Federal Supreme Court Act (FSCA, SR 173.110). In immigration cases there is an important limit:

  • The ordinary appeal in public-law matters is excluded for many immigration decisions (Art. 83 let. c FSCA), in particular permits you have no legal right to, such as discretionary permits and hardship permits under Art. 30 FNIA, and some removal and other discretionary decisions.
  • Where it is excluded, you can file a subsidiary constitutional appeal (Art. 113 ff. FSCA). It covers only violations of constitutional rights, and you must set out each complaint precisely (Art. 106 para. 2 FSCA).
  • Where you have a legal right to the permit, for example under the statutory family reunification rules or the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681), the ordinary appeal is open.

The practical details

  • Deadline: 30 days from receipt of the lower decision (Art. 100 para. 1 FSCA).
  • Address: Federal Supreme Court, 1000 Lausanne. Use the address in your notice of rights and check the court's website.
  • Representation: not compulsory; you may represent yourself (Art. 40 FSCA covers professional representation). But the requirements for your reasons are high (Art. 42 FSCA, and Art. 106 para. 2 FSCA for constitutional complaints), so in complex cases people normally use a lawyer on a cantonal bar register.
  • Costs: set by the court's tariff. If you lose, you pay, unless you have legal aid. Lawyer's fees come on top.
  • Suspensive effect: not automatic (Art. 103 para. 1 FSCA). You must ask for it. If removal is imminent, this is usually the first request in the appeal.
  • Duration: see the court's annual reports.

How long the whole process takes

How an appeal is structured

This is an outline of the parts, not a template.

  1. Heading: the appeal body; your full name and address (and, if relevant, date of birth and country of origin); the other party (the cantonal migration office or the SEM); and the decision you are challenging, with its date and reference number.
  2. Requests: exactly what you want the body to decide. Typical examples are cancelling the decision, a finding that the conditions for the measure are not met, or, in the alternative, sending the case back for a new decision; granting or keeping suspensive effect; and granting legal aid.
  3. Reasons: the facts, the relevant law, how the law applies to the facts, and your conclusion. The Federal Supreme Court is especially strict (Art. 42 and Art. 106 para. 2 FSCA).
  4. Evidence: for example your passport and permit, employment contract, payslips, language certificates, school and training records, medical certificates and certificates from your municipality. Where you cannot attach something, offer it, for example witnesses, the lower authority's file or an expert opinion.
  5. Attachments: a copy of the decision, your passport and permit, and your lawyer's power of attorney.
  6. Signature: yours or your lawyer's; for electronic filing, a qualified electronic signature (Art. 21a APA).

Legal aid

Conditions

If you cannot pay court and lawyer's costs without cutting into what you need to live on, you are entitled to legal aid if both conditions are met (Art. 65 APA for federal proceedings; Art. 64 FSCA at the Federal Supreme Court; cantonal law and Art. 29 para. 3 of the Federal Constitution, Cst., for cantonal proceedings):

  • you lack the means: measured against cantonal guidelines based on the debt-enforcement subsistence minimum;
  • your appeal is not hopeless: an appeal that is clearly bound to fail on a quick look does not qualify.

What it covers

  • exemption from court fees;
  • a lawyer appointed at the state's expense, if representation is needed to protect your rights.

How to apply

Apply together with your appeal and prove your situation:

  • income: recent payslips, a social assistance decision, an AHV/IV decision;
  • assets: bank statements, tax return;
  • regular costs: rent, health insurance, maintenance payments;
  • family situation: children and maintenance obligations.

If you receive social assistance, lack of means is usually accepted, but the court decides.

If you win, the authority usually pays the costs and you receive compensation for your own costs. If you lose, the state pays your appointed lawyer, but if your finances improve later you may have to pay the money back, depending on the canton and instance.

Suspensive effect in more detail

  • The rule: at the cantonal level and before the Federal Administrative Court, an appeal automatically has suspensive effect (Art. 55 para. 1 APA; cantonal law for cantonal proceedings). The decision is not carried out, the departure deadline stops and your permit continues in practice.
  • Removal of suspensive effect (Art. 55 para. 2 APA) is possible for overriding public interests, for example security-related revocations (Art. 62 para. 1 let. c and Art. 63 para. 1 let. b FNIA), removals after a final criminal expulsion, or a real risk that you will disappear. You can challenge this separately as an interim decision.
  • At the Federal Supreme Court there is no automatic suspensive effect (Art. 103 para. 1 FSCA). A judge decides on your request in an interim decision.
  • When to ask: if suspensive effect does not apply automatically or is disputed, request it expressly and explain your private interests, such as family life, work, health and your children's schooling.

After the decision

  • You win: the decision is cancelled. The court either sends the case back for a new decision (common when the facts were not fully established) or decides itself, for example granting the refused permit. The authority usually pays the costs and compensates you.
  • You partly win: for example the removal is cancelled but the revocation stands, or an entry ban is shortened. Costs are usually shared.
  • You lose: the decision is confirmed and you pay the costs, unless you have legal aid. If another instance is open, you have 30 days to appeal again.

Once all appeals are exhausted, the decision is final. For a removal, the departure deadline now starts to run (if the appeal had suspensive effect). If you do not leave, the canton can enforce the removal (Art. 64 FNIA ff.).

Asylum appeals

Asylum appeals follow their own, partly faster rules in the Asylum Act (AsylA, SR 142.31), in particular Art. 105 ff. and Art. 108 AsylA.

  • First instance: the State Secretariat for Migration (SEM), not the canton, decides asylum applications, which are handled in the federal asylum centres.
  • Appeal: directly to the Federal Administrative Court, with no cantonal step. It is the last instance: you cannot go on to the Federal Supreme Court in asylum matters (Art. 83 let. d FSCA).
  • Accelerated procedure (handled entirely in the federal asylum centre): 7 working days from notification of a negative decision (Art. 108 para. 1 AsylA). Dublin procedure: 5 working days (Art. 108 para. 3 AsylA).
  • Extended procedure (after allocation to a canton): the ordinary 30 days (Art. 108 para. 2 AsylA).
  • Legal representation: in the federal asylum centre phase, you have a right to free legal representation (Art. 102f AsylA ff.) from an organisation mandated by the SEM, which advises you, attends hearings and drafts the appeal. In the extended procedure this support is more limited, and you often need a private lawyer, a legal advice centre or an NGO.

For asylum appeals, work with your assigned legal representative or a lawyer specialising in asylum and migration law. See the Asylum Act glossary.

What you cannot appeal

  • Final decisions: once the deadline (usually 30 days) has passed, a late appeal is not considered. Restoration is possible only if you were prevented through no fault of your own (Art. 24 APA).
  • Minor procedural steps, such as setting appointments, usually cannot be appealed on their own, only together with the final decision.
  • Political or government acts that are not orders in an individual case are not rulings under Art. 5 APA.
  • Federal Supreme Court judgments: no further Swiss appeal is possible. Once Swiss remedies are exhausted, you can apply to the European Court of Human Rights (ECtHR) in Strasbourg if you can show a violation of the European Convention on Human Rights (ECHR, SR 0.101), in particular Art. 8 (private and family life), Art. 3 (torture and inhuman treatment) or Art. 6 (fair trial). Since Protocol No. 15 came into force, the deadline is four months from the final Swiss decision, down from six. Have a specialist check the deadline for your case.

Lawyers

There is no general duty to use a lawyer before the cantonal bodies or the Federal Administrative Court. But the formal rules and the complexity of immigration law make representing yourself risky, and even more so at the Federal Supreme Court.

Representing clients in court generally requires entry in a cantonal bar register (Federal Act on the Free Movement of Lawyers, LLCA, SR 935.61, in particular Art. 4 and Art. 8 LLCA). You can search the cantonal registers through the Swiss Bar Association (SAV/FSA) lawyer search. Look for a lawyer who specialises in migration law. Under the professional rules for lawyers (Art. 12 LLCA), this page explains the law but does not advise on your case, assess your chances or recommend a lawyer.

Worked example of the deadline

Say a decision is delivered on a Monday. The deadline starts on Tuesday and ends at the end of the 30th day. Your appeal must reach the appeal body by then, or be handed to Swiss Post on that day (the postmark counts, Art. 21 para. 1 APA). Work it out carefully from your actual date of receipt and any public holidays. If you did not collect a registered letter, remember the seven-day rule (Art. 20 para. 2bis APA), which applies if you had to expect a delivery.

Restoration after a missed deadline (Art. 24 APA) is possible only if you were prevented through no fault of your own, for example by emergency hospitalisation, an accident, the death of a close relative or a natural disaster. You must apply within 30 days after the obstacle ends and file the appeal at the same time. Courts apply this strictly and refuse many requests.

If you are in crisis

If you face removal, imminent enforcement, family separation or thoughts of suicide, call 143 (Die Dargebotene Hand) and contact counselling or refugee aid services straight away.

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