If you hold S protection status, you have no right to a B permit during your first five years, but you can apply for one. The main route is a hardship application to your cantonal migration office while your S status is still valid, which usually needs around five years in Switzerland, work, language skills, no social assistance and a clean record. A second route opens after five years of protection (Art. 74 para. 2 AsylA), and a third applies if you are married to an EU/EFTA citizen living here.

In short

  • S status is temporary. It has applied to people fleeing Ukraine since 12 March 2022 (Federal Council decision of 11 March 2022) and ends when the Federal Council lifts it (Art. 76 AsylA).
  • Route 1, hardship case now (Art. 14 para. 2 AsylA with Art. 30 para. 1 lit. b FNIA and Art. 31 OASA): the canton decides, the SEM approves. Usually about 5 years' stay (4 to 7 depending on canton).
  • Route 2, after five years (Art. 74 para. 2 AsylA): if S is not lifted by then, you are entitled to a B permit limited to the duration of protection.
  • Route 3, EU/EFTA spouse or partner (AFMP Annex I Art. 3): a B permit derived from your partner's AFMP permit.
  • Biggest obstacles: too short a stay, missing language certificate, and social assistance in the last 3 years.

Background

S protection status is designed to be temporary. Art. 76 of the Asylum Act (AsylA) links protection to the continued existence of the grounds for it. The law sets no maximum length of stay, but the Federal Council can revoke the status once those grounds no longer exist.

Switching to a B permit is a cantonal discretionary decision under the Asylum Act, the Federal Act on Foreign Nationals and Integration (FNIA) and the Ordinance on Admission, Residence and Gainful Employment (OASA), supplemented by cantonal guidelines and SEM practice.

If your situation is complex, for example a criminal conviction, social assistance, health problems, a divided family or mixed nationalities, get a lawyer specialising in immigration and asylum law before you apply.

Route 1: hardship application while S status is valid

Under Art. 14 para. 2 AsylA, the canton can grant an ordinary residence permit in a serious hardship case, including to people with S status. The criteria are in Art. 30 para. 1 lit. b FNIA and Art. 31 OASA.

What you usually need (all of these, weighted differently by canton):

  • length of stay: as a rule at least 5 years since your application (4 to 7 years depending on the canton);
  • integration under Art. 58a FNIA: language, work, no social assistance, respect for public safety;
  • language: generally A2 oral and A1 written in the canton's official language (fide certificate);
  • work: you support yourself without social assistance, usually documented for at least 12 months;
  • no significant convictions (cantons treat minor offences differently);
  • your family situation and your children's schooling or training are taken into account;
  • whether a return to your home country would be reasonable for you (assessed differently by canton).

Who decides: your cantonal migration office, with SEM approval (Art. 99 FNIA with Art. 85 OASA).

The procedure:

  1. Prepare (usually 4 to 8 weeks): gather employment contracts, payslips, your fide certificate, your children's school reports, your rental agreement and any letters of recommendation. Get advice from an NGO (see below).
  2. Apply to the cantonal migration office with a formal letter explaining how you meet the hardship criteria.
  3. Cantonal review: usually 2 to 6 months.
  4. SEM approval: usually 2 to 4 months after the canton approves.
  5. Decision: you receive a B permit, or a refusal ruling with costs.

Route 2: after five years of protection (Art. 74 para. 2 AsylA)

If protection is not lifted after five years, the canton must issue a B permit limited to its duration; for arrivals in March 2022 that is from March 2027. The Federal Council decided on 19 August 2026 not to lift S before 4 March 2028. If it is lifted, you must leave (Art. 76 AsylA) unless you get a hardship permit (Art. 30 para. 1 lit. b FNIA, Art. 31 OASA, SEM approval).

For that hardship permit, the requirements are essentially the same as for route 1 (integration under Art. 58a FNIA, work, no social assistance, a clean record) plus a substantial period of residence, as defined in the SEM directive that would follow the lifting of protection.

Route 3: married to an EU/EFTA citizen

If you are married to, or in a registered partnership with, an EU/EFTA citizen who holds an AFMP permit in Switzerland, you can switch to a derived EU/EFTA B permit under AFMP Annex I Art. 3 (family reunification). You need:

  • a marriage or registered partnership with that person;
  • a shared home;
  • enough income, from their work or other resources.

Apply to the cantonal migration office with your marriage or partnership certificate and your partner's permit. This is not a hardship route but a family reunification right, and it usually succeeds if the conditions are really met.

How cantons differ

Cantons differ in the minimum stay they require, how much weight they give to work, and how they view hardship applications from S holders. Observed patterns, based on public court decisions and SEM statistics, not guarantees:

  • French-speaking cantons (VD, GE, NE, FR, JU): tend to weigh family and education ties more; processing usually 4 to 8 months.
  • German-speaking cantons (LU, SO, AG, SG, BE and others): more weight on financial independence and stricter on the fide certificate.
  • Ticino: fewer cases, a more formal approach, longer processing.
  • Zurich: its own detailed criteria, processing of 8 to 14 months, and more reasoned refusals.

Moving canton for a better chance is risky: the new canton may view your shorter stay there critically.

Documents to prepare

Your migration office publishes its own list. Generally:

  • identity and status: your S permit, passport or travel document, birth certificates of all family members, and your marriage or partnership certificate if relevant;
  • residence: a residence certificate from your municipality, tenancy agreements since your arrival (or confirmation from reception centres), and your health insurance policy;
  • integration: a fide certificate at the required level (A1 written and A2 oral, B1 oral in some cantons), employment contracts and payslips for the last 12 to 24 months, tax returns and assessments, confirmation from social services that you do not and did not receive assistance, your children's school reports, and letters of recommendation from your employer, school or associations (optional but recommended);
  • criminal record: a current extract, with an explanation for any minor entries;
  • application: a formal letter explaining the hardship criteria, and a narrative CV of your stay and integration.

Common mistakes

  1. Applying too early. Applications below your canton's minimum stay (4 to 7 years) are usually refused, with a fee of CHF 200 to CHF 800, and can make later applications slightly harder.
  2. Incomplete integration documents. Missing contracts, payslips or the fide certificate usually lead to refusal. You can reapply, but it takes months more.
  3. Still receiving social assistance. Assistance in the 36 months before you apply is a significant obstacle in almost all cantons. Getting off assistance before you apply substantially improves your chances.
  4. Moving canton during the procedure. Responsibility passes to the new canton and the case is usually reopened.
  5. Not disclosing minor convictions. If discovered, this usually leads to refusal for false information (Art. 62 para. 1 lit. a FNIA) and possibly criminal consequences.

Free and low-cost advice

These organisations help S holders prepare an application (list as of 2026-05):

For criminal record issues, complex health situations or an imminent removal, instruct a lawyer specialising in immigration law. The cantonal bar register is at https://www.anwaltsregister.ch.

Deadlines, fees and processing times

There is no legal deadline; you can apply any time while your S status is valid, and early if the Federal Council is considering lifting it.

Fees (as of 01.01.2024, varying by canton):

  • cantonal hardship application: CHF 200 to 800;
  • SEM approval: CHF 200 to 500;
  • issuing the B permit: CHF 100 to 200 (cantonal).

Processing times (from experience, highly variable): French-speaking cantons 4 to 8 months; German-speaking cantons 6 to 12 months; Zurich 8 to 14 months; Ticino 8 to 16 months. Complete files are decided faster, and applications prepared with NGO help tend to be decided more quickly and more often positively.

After you receive the B permit

After route 1 or 2, you hold a third-country B permit, not an AFMP one. It is renewed every year (see renewal of residence permits) as long as you still have a valid reason to stay and remain integrated.

You can apply for a C settlement permit after 10 years of uninterrupted residence (Art. 34 FNIA), or earlier with good integration after 5 years (Art. 34 para. 4 FNIA); special rules apply to nationals of some treaty states. S time does not count towards the 10 years (only L and B stays count); with S, a C permit is possible 10 years after protection was granted (Art. 74 para. 3 AsylA).

Facilitated naturalisation (Art. 21 SCA) or ordinary naturalisation (Art. 9 to 14 SCA) is possible once you meet those requirements; the S period does not count (Art. 33 para. 1 SCA). See naturalisation in Switzerland.

If your hardship application is refused

A cantonal refusal goes only through cantonal remedies, where you have party status (for Art. 14 AsylA hardship, only in the SEM approval procedure). If the SEM refuses approval, you can appeal to the Federal Administrative Court, which decides finally. The deadline is generally 30 days from notification and is strict. A specialist immigration lawyer is strongly recommended because the formal requirements for an appeal are high. See appeals against cantonal migration decisions.

You can apply again if your circumstances change substantially, for example after passing a language test, getting a new job or reaching a longer stay.

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