From filing an asylum application to departure from Switzerland in accordance with a legally binding return decision, following the withdrawal of an asylum application, or until the ordering of a substitute measure in the event that removal cannot be enforced, persons seeking asylum may not initiate any procedure for the granting of a residence permit under the law on foreign nationals unless they are entitled to be issued with such a permit.
Fussnoten
- [36] Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845).
The canton may with consent of SEM grant a person for whom it is responsible in terms of this Act a residence permit if:37
the person concerned has been a resident for a minimum of five years in Switzerland since filing the asylum application;
the place of stay of the person concerned has always been known by the authorities;
in light of their advanced stage of integration, there is a case of serious personal hardship; and
38there are no grounds for revocation under Article 62 paragraph 1 of the Foreign Nationals and Integration Act of 16 December 200539 (FNIA)40.
Fussnoten
- [37] Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
- [38] Inserted by No I of the FA of 14 Dec. 2012 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Amended by No IV 4 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
- [39] SR 142.20
- [40] The title was amended on 1 Jan. 2019 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). This amendment has been made throughout the text.
If the canton wishes to take advantage of this opportunity, it shall inform SEM without delay.
The person concerned shall only have party status during SEM's consent procedure.
5 Pending proceedings for the granting of a residence permit become irrelevant with the filing of an asylum application.
Residence permits remain valid and may be extended in accordance with the provisions of the law on foreign nationals.