FAQ
Clear, practical answers for people seeking protection, and for the supporters who stand with them.
What is the connection between AsyLex and Rights in Exile?
Rights in Exile is a platform run by AsyLex. On the platform, we offer dedicated information for refugees and legal advisors, connect refugees with legal counsel, and foster the creation of a dynamic global network of asylum law practitioners.
Can AsyLex also help me outside of Switzerland?
AsyLex mainly provides legal support within Switzerland. If you have questions about the law in another country, please contact a local legal aid center or lawyer. You may also find further information on our Rights in Exile platform.
If you want to ask for asylum in Switzerland and you are currently outside of Switzerland, please note that asylum request may only be made on Swiss territory. In situations of crisis, there are typically very few possibilities for safe and legal pathways. For Switzerland, the law foresees the possibility of humanitarian visas which allow travelling to Switzerland to ask for asylum upon arrival. However, the conditions are very strict: An immediate threat must be shown, as well as close ties to Switzerland. For further information, you may contact the HEKS Help Center.
What is the difference between a B permit and an F permit?
With a B permit, you have recognised international protection status, meaning you are recognised as a refugee.
With an F permit, you are allowed to stay in Switzerland even though your asylum application was rejected.
B permit (recognised refugees): You receive a B permit if Switzerland officially recognises you as a refugee.
- Official confirmation that you face persecution in your country of origin
- Issuance of a residence permit
- Work authorisation
- Family reunification under certain conditions
F permit (temporary admission): Your asylum application was rejected, but for certain reasons you cannot currently be returned.
- Risk of torture or inhuman treatment in the country of origin
- Return would be unreasonable due to medical or other reasons
- Return is impossible because it is objectively not possible to send the person back to the country of origin
Important:
- You are not recognised as a refugee.
- The status is “temporary”, but it is often extended for years.
- Work authorisation.
- Family reunification is possible, but more difficult.
How long does the asylum procedure take?
This depends on the type of procedure. Depending on the complexity of the case, there are accelerated procedures and extended procedures. Some take only a few weeks, while others may last several months or longer.
Who decides on my asylum application?
The State Secretariat for Migration (SEM) decides in the first instance. In the event of a negative decision, an appeal can be lodged with the Federal Administrative Court (FAC).
Do I have to pay the advance on costs ordered by the court or the SEM?
Unfortunately, payment does not change the likelihood that the court’s decision will still be negative. In its interim decision, the court has already conducted a preliminary assessment and concluded that there are no prospects of success, which is why it ordered the advance on costs. Therefore, payment has no influence on the outcome. We advise you not to pay the amount.
Unfortunately, it is also not possible to lodge an appeal against this interim decision.
What is the Dublin System?
The Dublin System is a regulation within Europe that determines which country is responsible for processing an asylum application.
It applies in the European Union and in some other countries, such as Switzerland.
A person should only have their asylum application processed in one country, not several.
In simplified terms, it works as follows: The country responsible is usually the one where the person first entered European territory and had contact with authorities or where fingerprints were registered.
- Filing of an asylum application
- Whether a visa or residence permit from a particular country is already held
- Whether close family members live in a particular country
Once a country has been assigned responsibility for an asylum procedure, this responsibility can only be overturned in very specific individual cases.
I received a Dublin decision – what can I do?
A Dublin decision means that another country in Europe is responsible for assessing your asylum application.
Under Swiss law, you have the right to appeal within 5 working days against a Dublin decision. Please discuss with the lawyer assigned to you whether an appeal has chancess of success.
If your assigned lawyer is not willing to submit an appeal for you and you assume that you have valid grounds for an appeal (such as evidence for severe human rights violations in case of a return), you should immediately reach out to a legal aid center or a private lawyer. Note that the deadline is very short and immediate action is required.
What is the Dublin system?
The Dublin system is a European agreement that decides which country is responsible for examining an asylum application.
Usually, it is the country where you first entered Europe.
Its goal is to avoid multiple applications in different countries, which often means that you are sent back to the first country you entered.
I received a negative decision by the Swiss Federal Administrative Court. What can I do?
Unfortunately, under Swiss law you may submit one appeal only, so this decision is final and cannot be challenged anymore.
In very rare circumstances there is a possibility for a request for reconsideration – for this, convincing new evicence is required, which was not available before. If you have such new evidence (e.g. new medical reports), you should discuss your situation with a lawyer specialized in the field of asylum law (see list of legal aid centers).
What should I do after a negative asylum decision?
If you received a negative asylum decision, you should immediately talk to your lawyer. Under Swiss law, you have a lawyer assigned to you for this who ist obliged to explain to you the decision and to submit an appeal for you if there are realistic chances of success.
If your assigned lawyer does no longer support you and you want to submit an appeal nevertheless, please reach out to a lawyer or legal aid agencies as soon as possible. Please note that appeal deadlines are very short, so you must act quickly. Once the deadline passed without submission of an appeal, the decision becomes final.
How can I apply for asylum?
In Switzerland and in most other countries asylum applications need to be submitted written or orally while being in the respective country in person. For an asylum application in Switzerland, you have to go to a Federal Asylum Center. You can find the relevant addresses here.
Accordingly, a major challenge for most people who have to flee is to reach a place of safety with formal permission. Generally, countries offer hardly any legal pathways to safety, which is why many refugees decide to take on dangerous routes, crossing and entering countries without having formal permission to do so. Since the Geneva Refugee Convention disallows member states to criminalize seeking safety, such movements are not illegal though and must not be punished.
If you are still in your home country or in an insecure situation in a third country, you may not directly apply for asylum in Switzerland. We highly recommend to seek legal pathways to safety such as resettlement or relocation programs, humanitarian corridors, humanitarian or other visas – noting that there are only very few such possibilities.
Where can I apply for asylum in Switzerland?
Asyl kann bei der Grenzwache direkt an der Schweizer Grenze, am Flughafen oder in einem Bundesasylzentrum beantragt werden.
I want to apply for asylum in Switzerland, currently I am still abroad.
If you want to ask for asylum in Switzerland and you are currently outside of Switzerland, please note that asylum request may only be made on Swiss territory. In situations of crisis, there are typically very few possibilities for safe and legal pathways. For Switzerland, the law foresees the possibility of humanitarian visas which allow travelling to Switzerland to ask for asylum upon arrival. However, the conditions are very strict: An immediate threat must be shown, as well as close ties to Switzerland. For further information, you may contact the HEKS Help Center.
I want to be reunited with my family in Switzerland. How should I proceed?
Family reunification rights depend on various aspects, namely your residence status. Generally, under Swiss law, family reunification is only possible for spouses and minor children. Depending on the status, additional conditions such as independence from social aid or a minimum time spent in Switzerland must be fulfilled. With a view to your specific case, please reach out to a specialised lawyer.
ATTENTION! Family reunification is limited by very strict deadlines! If you have close family members abroad, please make sure to assess reunification possibilities as soon as possible to avoid missing the deadline.
Looking for broader information?
For general information, integration support, and social services, the Schweizerische Flüchtlingshilfe (SFH) is the central advocacy organization for refugees in Switzerland.
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