Asking for Asylum

A humanitarian visa can only be issued if the following prerequisites are met:

• The individual’s life and physical integrity is directly, seriously and tangibly endangered in their home country or country of origin.

• The individual is clearly in direct danger and not merely at risk because they belong to a potentially endangered group.

• The individual no longer has any other options and their personal situation requires the urgent intervention of the Swiss authorities.

Other important factors

• Connection to Switzerland

• There are prospects of integration

• It is not possible to seek protection in another country

The application for a humanitarian visa to enter Switzerland must be submitted in person at a Swiss representation (embassy or cosulat) abroad. Herefor, applicants must contact the Swiss representation directly and book an appointment. It is best to request an appointment per e-mail. You may find the address here (please select country, continue to the "website of the Swiss representation in xy" and look under contact):

Book an appointment by email, including the following information:

• A sentence that states that you would like to apply for a humanitarian visa

• Surname, first name and date of birth of all individuals applying for a humanitarian visa

• If applicable, surnames, first names, dates of birth and addresses of any family members resident in Switzerland

The appointment will be short, which is why it is important to be well prepared and have the following documents ready: 

• Copy of the e-mail confirming the appointment

• One visa application form („National (type D) visa application form“), duly completed in German, French, Italian or English, using a typewriter, online or in block capitals (blue or black ink) and signed by applicant.

• Travel document (passport or identity card)

• Copy of the travel document

• Two recent, identical biometric passport photos

• Detailed excerpt from the family register 

All documents that are not in German, French or Italian have to be translated to one of those languages or English by a sworn translator.

In addition to the mentioned documents a letter of application (in German, French, Italian or English) is needed, answering the following questions. The situation of the persons must be explained very precisely in writing so that the Embassy has all the necessary information to take its decision. Information that is only given orally will not be taken into account: 

• Describe your specific personal problems in you home country.

• Are you registered with the authorities in your current country of residence and/or with the UNHCR? If no, why not? If yes, what is the status of your procedure with UNHCR?

• Have you sought protection in a refugee camp? If no, why not?

• Under what conditions (accommodation, family members, financial circumstances) are you living in your current country of residence?

• Why is it not possible for you to remain in your current country of residence?

If you only left your country of origin in order to apply for a humanitarian visa, it is very important to mention this in writing in your application. 

This information is found on the Swiss Red Cross leaflet "Information on the application procedure for humanitarian visas", which can be sent to our clients. 

 Please note that chances for a positive decision are very small, especially if the person concerned is not in her/his country of origin anymore (e.g. in Turkey, Greece, Lebanon). If the Swiss representation has refused the application, an appeal may be submitted to the State Secretariat for Migration (SEM) or to a Swiss representation within 30 days by the person who applied for the visa or a family member living in Switzerland. The appeal has to be written in German, French or Italian. You can find a template on G-Drive (Templates -> Appeals -> Humanitarian Visa) 

When making an appeal, it is important to address those points that have been marked with a cross on the humanitarian visa refusal form. It is very important for the appeal to explain the particularly serious danger to the individual's life and physical integrity. The purpose of the appeal is to make it clear that the individual is in personal danger or that they are in a particularly precarious individual humanitarian situation. The general situation in the country of origin is not sufficient. It is therefore essential to mention exact places and dates. You should also explain in detail when and how the individuals left their country of origin.

In the event that the individuals have travelled to a third-party State with the sole aim of applying for a humanitarian visa, it is important to mention this in the appeal.

It is also helpful to submit any other documents with the appeal that can substantiate the events mentioned. These documents must refer to the particular circumstances of the individual concerned.

Further information can be found on the Swiss Red Cross leaflet "Information on the appeal procedure in case a humanitarian visa is refused". The Swiss Red Cross also provides an appeal template in German. 

In the event that no new elements are mentioned in the appeal that were not already mentioned in the application for a humanitarian visa, or if these elements do not prove any specific individual danger, it is likely that the visa will be refused again. There is then the opportunity to file a complaint with the Federal Administrative Court.

People coming to Switzerland based on a humanitarian visa have to ask for asylum here and go through the whole asylum procedure – the visa only allows for entry, but not for staying here. Upon arrival, people have to ask for asylum here and go through the asylum procedure. However, in practice, often times the residence cantons of the person who entered by humanitarian visa asks SEM for an F permit for the person concerned. This way, the lengthy asylum procedure can be avoided.

Switzerland voluntarily participated in the EU relocation program which was launched in 2015. Switzerland pledged to take in 1500 asylum seekers from Italy and Greece (1 481 asylum seekers admitted according to latest data). Eligibility for the program was limited to applicants in Italy and Greece who had arrived in those countries after 16th September 2015 and were in clear need of international protection and are a national or stateless resident of those countries for which the EU-wide average recognition rate is more than 75 percent according to EURO- STAT data. Eligible asylum seekers could be admitted to the program until September 2017. In order to do so, they had to submit an application to the asylum services of Greece/Italy, after having submitted an asylum claim in these countries and having been registered and finger- printed. A list of potential beneficiaries was then shared with participating countries based on a matching process, including language skills, family, cultural or other ties. Participating states had to approve the list. According to SEM, on average, the duration of a relocation procedure in the frame of the EU relocation program was around four months and only a tiny percent (5%) of cases were rejected on security grounds. There was no prioritization of cases per se, but if the Italian or Green authorities asked for an accelerated treatment (for example for medical reasons), the SEM took this into account. Transfers to the relocation countries were organized by IOM.

Switzerland rejected participation in a second relocation program which seeks to resettle asylum seekers that have registered with EU migration authorities before October 2017 and have a very high chance of obtaining a positive asylum decision.

A person arriving in Switzerland based on the Relocation Program still has to go through the asylum procedure. Normally, relocation cases should go faster though (around 1 year), but there is no guarantee.

• When the national authorities of Italy/Greece decide on the inclusion of asylum seekers in the relocation scheme: When an asylum seeker who had members of his/her nuclear family (spouse and children under 18) residing in another EU member state, the family reunification provisions of Dublin III Regulation are also applicable. Applicability of Dublin III has been considered by the Greek asylum service as a reason to not process relocation requests.

• Appeal process against relocation decisions: As mentioned above, asylum seekers cannot choose the country of relocation. However, they do have a right of appeal against a relocation decision in accordance with the Dublin III Regulation, applicable mutatis mutandis, for the purpose of safeguarding their fundamental rights (e.g. when there are systemic deficiencies in the asylum procedures and reception conditions in the country of relocation that could result in a risk of inhuman or degrading treatment). The legal basis for the appeal is Article 27(1) of the Dublin III Regulation, applicable mutatis mutandis (right to an effective remedy against a transfer decision). Attention! Reportedly, in the case of Greece, when asylum seekers received a positive de- cision for relocation to another Member State, they were required to sign a resignation from the right to appeal.

• UNHCR will choose the vulnerable refugee file (for Asylex it is not possible to refer cases to UNHCR). 

• UNHCR will study the file.

• UNHCR will invite the refugee to the first interview at the resettlement department.

• After the first interview, the decision could be positive or negative (takes one day to seven months). If the refugee gets a positive decision, s/he attends a second interview. If the refugee gets a negative decision, the file will be withdrawn from the resettlement program.

• At the second interview, the UNHCR will ask the refugee the same questions that were asked at the first interview, but in more detail.

• After the second interview, the refugee will wait for the final decision (this takes any- where from two weeks to one year). If the refugee gets a positive decision, the UNHCR transfers the refugee file to the country of resettlement. If the refugee gets a negative decision, the file will be withdrawn from the resettlement program. Note: Refugees can ask about their files once every three months.

• If the refugee gets a positive decision after the second interview, UNHCR will try to find a suitable country for resettlement.

• After finding a suitable country, the UNHCR will transfer the file to the IOM (this takes between one month to one year).

• IOM invites the refugee to do medical tests and a short interview. If the medical tests are satisfactory, the refugee will either attend an interview with a delegation or have a skype interview (this takes one week to eight months). If the medical tests are not sat- isfactory, the UNHCR will transfer the refugee file to another country or the file will be withdrawn from the resettlement program. Note: If a refugee has any health problems (psychological or physical), the IOM will request a report from a specialist.

• In the interview with the delegation, the refugee will be questioned about his case and more generally about him/herself. At the skype interview, they ask the refugee general questions, such as whether the refugee knows anything about the country of resettlement, what languages the refugee speaks, which area they would prefer to live in, whether they plan to work after arrival, etc. Note: Both the interviews with the delegation and the skype interviews are conducted separately for all family members.

• Approximately twenty-four hours after the last interview, the refugee file will be sent for consideration to the country of resettlement.

• The refugee will wait between two months to one year to get a final decision. If the refugee gets a positive decision, they will be informed telephonically. The refugee will then have to attend a cultural orientation course and wait for a visa to be granted. Note: In some cases, the refugee just gets the visa and travels without approval or a cultural orientation course.

• Three days prior to travel, the UNHCR will gather refugees in a hotel and will then accompany them to the airport as part of the final resettlement procedure.

• UNHCR and the authority reception committee will welcome refugees and invite them to eat and rest.

• They will then take the refugees to a welcome camp (security camp, in Switzerland, this is located in Bern) and refugees will stay there for the next two to sixteen weeks.

• In the camp, refugees will have to undergo medical tests, be interviewed, and take some courses to learn about the country of resettlement.

Refugees who come through the resettlement program always get a B permit in general after approximately two weeks to three months from the date of arrival. They do not have to go through the normal asylum procedure.

Please Note: Refugees who came to a country by resettlement program cannot go back to the country they resettled from for 5 years. This applies to the country the refugee originally fled from, but also – in case the person first fled to somewhere else – for the country the person was resettled from in the end. E.g.: If a Syrian refugee came from Lebanon to Switzerland, the UNHCR will tell him/her before resettling, that s/he will not be able to visit Syria as well as Lebanon for the next 5 years (his/her name will also be on the Lebanese government's system).

 By going back to the country, a person resettled from before the end of the 5 years s/he could lose his/her permit in Switzerland.

Exceptions are if someone hast to go back due to an urgent situation such as a serious illness or death of a family member. But even in this case there’s no guarantee that the country the refugee he resettled from will let him enter. In a case like this it is best advised to ask that country’s embassy.

Registering is not available for the resettlement program as the UNHCR chooses vulnerable refugees who qualify for the resettlement program. But, in some cases, we can send a file to the Red Cross, Switzerland and they will study the file, and possibly transfer the file to UNHCR, Switzerland to study the file. It takes between two to sixteen weeks, and we can make enquiries about the file after four weeks. If the refugee gets a positive decision, UNHCR Switzerland will transfer the file to the UNHCR branch where the refugee lives and ask them to study the file for resettlement.

Note: There is no guarantee (no legal claim) that the refugee will travel to Switzerland as it could be any other country that accepts the refugee for resettlement. We just assist the refugee, and the UNHCR will chose the most suitable country for the refugee after studying the file.

• Support with the application, guiding to UNCHR, reporting a case to Red Cross/UNCHR Switzerland.

• In case of long duration of the procedure for Swiss Resettlement (no updates for more than 6 months): Ask SEM for the latest status of the procedure.

• In case of serious issues: Make a formal complaint to UNHCR.

• In case of negative decision: Ask SEM for inspection of files. Even though they keep saying that there is no legal claim for resettlement, in our view SEM is bound by the Swiss Constitution (prohibition of arbitrariness and discrimination) also in these decisions.