Foreign Nationals and Integration Act (FNIA)

Art. 100FNIA from 2020

Art. 100 International agreements¹

¹ The Federal Council shall encourage bilateral and multilateral migration partnerships with other states. It may conclude agreements to improve cooperation in the field of migration as well as to reduce illegal migration and its negative consequences.

² The Federal Council may conclude agreements with foreign states or international organisations on:²

a.

the requirement to obtain a visa and the conduct of border controls;

b.

the readmission and transit of persons residing without authorisation in Switzerland;

c.

the transit with police escort of persons in terms of readmission and transit agreements including the legal status of persons accompanying the contractual parties;

d.

the period of residence required before the granting of a permanent residence permit;

e.

basic and advanced professional training;

f.

the recruitment of employees;

g.

cross-border services;

h.

the legal status of persons in accordance with Article 98 paragraph 2.

³ In the case of readmission and transit agreements, it may in terms of its responsibilities grant or withhold services and advantages. In doing so, it shall take account of obligations under international law as well as the all the relations Switzerland has with the affected state.³

⁴ The responsible departments may enter into agreements with foreign authorities or international organisations on the technical implementation of agreements in accordance with paragraph 2.⁴

⁵ Until the conclusion of a readmission agreement within the meaning of paragraph 2 letter b, the FDJP may enter into agreements with the competent foreign authorities and in consultation with the FDFA in which organisational issues connected with the return of foreign nationals to their native countries and with return assistance and reintegration are regulated.⁵

¹ Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
² Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
³ Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
⁴ Amended by No I of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
⁵ Inserted by No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937). Amended by Annex No 1 of the FD of 15 Dec. 2017 (Adoption of Regulation [EU] 2016/1624 on the European Border and Coast Guard), in force since 15 Sept. 2018 (AS 2018 3161; BBl 2017 4155).