Federal Act
on Foreign Nationals and Integration
(Foreign Nationals and Integration Act, FNIA)¹

¹ If the en­force­ment of re­mov­al is not pos­sible, not per­mit­ted or not reas­on­able, SEM shall or­der tem­por­ary ad­mis­sion.²⁴⁸

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.²⁴⁹ 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.²⁵⁰

^5bis The Fed­er­al Coun­cil shall peri­od­ic­ally re­view the de­cision un­der para­graph 5.²⁵¹

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 sub­ject to a re­turn de­cision or an ex­pul­sion or­der:²⁵²

a.²⁵³

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 SCC²⁵⁴;

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.²⁵⁵

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 AsylA²⁵⁶ 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 MCC²⁵⁷, or an ex­pul­sion or­der un­der Art­icle 68 of this Act be­comes leg­ally en­force­able.²⁵⁸

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.²⁵⁹