Lexipedia

Hardship case

A hardship case may justify an exceptional residence status when strict immigration rules would cause serious personal hardship.

In Swiss migration law, a hardship case is an exceptional situation in which authorities may grant or extend residence despite ordinary admission requirements not being met. The assessment is discretionary and fact-specific. Relevant factors often include length of stay, integration, family ties, health, financial independence, school attendance of children, conduct, and the feasibility of return. Hardship relief is not an entitlement merely because living conditions in the country of origin are worse. It is most important for persons without a regular status, rejected asylum seekers, or those facing loss of a permit.