Foreign Nationals and Integration Act (FNIA)

Art. 30FNIA from 2020

Art. 30

¹ Derogations from the admission requirements (Art. 18-29) are permitted in order to:

a.

regulate the employment of foreign nationals admitted under the provisions on family reunification, unless they have a right to work (Art. 46);

b.

take account of serious cases of personal hardship or important public interests;

c.

regulate the period of stay of foster children;

d.

protect persons from exploitation who are particularly at risk in view of their work;

e.¹

regulate the period of stay of victims and witnesses of trafficking in human beings and of persons who are cooperating with the prosecution authorities as part of a witness protection programme organised by Swiss or foreign authorities or by an international criminal court;

f.

permit periods of stay as part of relief and development projects in the interests of economic and technical cooperation;

g.²

facilitate international economic, scientific and cultural exchange as well as basic and continuing professional education and training;

h.

simplify the transfer of senior management staff and essential specialists within internationally active companies;

i.³

...

j.

permit au-pair workers recruited through a recognised organisation, to stay in Switzerland period of stay for education and training;

k.

facilitate the re-admission of foreign nationals who held a residence or permanent residence permit;

l.

regulate the employment and the participation in employment programmes of asylum seekers (Art. 43 of the Asylum Act of 26 June 1998⁴, AsylA), temporarily admitted persons (Art. 85) and persons in need of protection (Art. 75 AsylA).

² The Federal Council shall establish the general conditions and regulate the procedure.

¹ Amended by Annex No 1 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).
² Amended by Annex No 1 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729).
³ Repealed by No I of the FA of 18 June 2010 (Simplified Admission for Foreign Nationals with University Degrees), with effect from 1 Jan. 2011 (AS 2010 5957; BBl 2010 427 445).
⁴ SR 142.31