If an asylum application is refused but the enforcement of removal is found to be inadmissible, unreasonable or impossible, the person concerned is provisionally admitted. This status is often misunderstood: it is neither a right of residence in the true sense nor permanently excluded from consolidation.
When is provisional admission ordered?
Under Art. 83 AIG, provisional admission is ordered if enforcement of the removal is:
- inadmissible: for instance because it would violate Switzerland's obligations under international law, in particular the prohibition of refoulement (non-refoulement, Art. 33 Refugee Convention, Art. 3 ECHR);
- unreasonable: if the person concerned would be specifically endangered in the state of origin, for example by war, civil war or a life-threatening medical emergency;
- impossible: if enforcement cannot be carried out for technical reasons, for instance for lack of travel documents or because the state of origin is unwilling to take the person back.
Rights during provisional admission
The F permit entitles the holder to gainful activity (Art. 85a AIG) and is issued and renewed for twelve months at a time, provided the conditions continue to exist. A change of canton is possible only to a limited extent, as is family reunification, for which special, stricter deadlines apply than for recognised refugees.
The route to a residence permit
The same criteria apply as for the general hardship application: degree of integration, respect for the legal order, family and financial circumstances and the length of presence in Switzerland. In cantonal practice, such a conversion is often examined after about five years of provisional admission, provided there is good integration.
End of provisional admission
Provisional admission is lifted when its conditions cease to apply, for instance because the situation in the country of origin changes. The canton reviews this periodically; there is no automatic termination after a certain period.
Provisionally admitted and want your status clarified?
We check whether the requirements for a residence permit are already met.
Describe your case