Foreign Nationals and Integration Act (FNIA)

Art. 83FNIA from 2022

Art. 83

¹ If the enforcement of removal is not possible, not permitted or not reasonable, SEM shall order temporary admission.²⁴²

² Enforcement is not possible if the foreign national is unable to travel or be brought either to their native country or to their country of origin or a third country.

³ Enforcement is not permitted if Switzerland’s obligations under international law prevent the foreign national from making an onward journey to their native country, to their country of origin or to a third country.

⁴ Enforcement may be unreasonable for foreign nationals if they are specifically endangered by situations such as war, civil war, general violence and medical emergency in their native country or country of origin.

⁵ The Federal Council shall designate native countries or countries of origin or areas of these countries to which return is reasonable.²⁴³ If foreign nationals being removed come from one of these countries or from a member state of the EU or EFTA, enforcement of removal is reasonable.²⁴⁴

^5bis The Federal Council shall periodically review the decision under paragraph 5.²⁴⁵

⁶ Temporary admission may be requested by the cantonal authorities.

⁷ Temporary admission shall not be ordered in terms of paragraphs 2 and 4 if the person removed:²⁴⁶

a.²⁴⁷

has been sentenced to a long-term custodial sentence in Switzerland or abroad or has been made subject to a criminal law measure in terms of Article 59–61 or 64 of the SCC²⁴⁸;

b.

has seriously or repeatedly violated or represented a threat to public security and order in Switzerland or abroad or represented a threat to internal or the external security; or

c.²⁴⁹

has made their removal impossible by their own conduct.

⁸ Refugees for whom there are reasons for refusing asylum in accordance with Articles 53 and 54 AsylA²⁵⁰ shall be granted temporary admission.

⁹ Temporary admission shall not be granted or shall expire if an order for expulsion from Switzerland under Article 66a or 66a^bis SCC or Article 49a or 49a^bis MCC²⁵¹, or an expulsion order under Article 68 of this Act becomes legally enforceable.²⁵²

¹⁰ The cantonal authorities may conclude integration agreements with temporarily admitted persons if there is a special need for integration in accordance with the criteria set out in Article 58a.²⁵³

²⁴² Amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).

²⁴³ Amended by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provision to this amendment at the end of the text.

²⁴⁴ Second sentence amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).

²⁴⁵ Inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provision to this amendment at the end of the text.

²⁴⁶ Amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).

²⁴⁷ Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

²⁴⁸ SR 311.0

²⁴⁹ Amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).

²⁵⁰ SR 142.31

²⁵¹ SR 321.0

²⁵² Inserted by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences) (AS 2016 2329; BBl 2013 5975). Amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).

²⁵³ Inserted by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).

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