CF: asylum, travel abroad only exceptionally possible
Keystone-SDA
With the exception of Ukrainians who have fled to Switzerland, asylum seekers, provisionally admitted persons and those in need of protection, will in future in principle no longer be able to travel to their country of origin or to other countries.
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The State Secretariat for Migration (SEM) will only be able to authorise such movements in exceptional cases (e.g. in the event of the death of a close relative or serious illness), according to legislative amendments sent out by the Swiss government today for consultation until February 5.
Today’s decision by the executive branch implements the amendments to the Law on Foreigners and their Integration adopted by parliament in 2021 and so far never put into force, explains a government note today.
The reason for the delay is the activation of the S-protection statute for Ukrainians by the government in March 2022 and the simultaneous decision to grant freedom of travel to refugees from this country.
For this reason, after examining various solution variants, the Federal Department of Justice and Police (FDJP) has drafted a message with special regulations for persons with S-protection status in view of the entry into force of the new provisions on travelling abroad.
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For asylum seekers, provisionally admitted persons and persons in need of protection, for example, it is necessary to specify in the ordinances under consultation the particular personal reasons for which the SEM may exceptionally authorise travel to a state other than their country of origin or provenance. It should also be specified when such persons may travel to their country of origin or provenance in order to prepare their autonomous and definitive departure from Switzerland.
Ukrainians
Persons in need of protection from the Ukraine will be able to continue to travel abroad. To this end, the government intends to make an exception in the Asylum Act, while at the same time limiting the travel options for applicants, provisionally admitted persons and other persons in need of protection.
This special regulation is applicable until the S-protection status is repealed. It does not apply if the S-protection status is reactivated at a later date and in a different context.
However, on October 8, the government decided that persons with S-protection status can stay in Ukraine for 15 days per six-month period instead of 15 days per quarter as it has been up to now.
Translated from German by DeepL/jdp
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