Effective date: 01.01.2024 — Current state of federal law and SEM practice. Status: AI initial draft. Publication permitted only after legal counsel sign-off and verification of the currency of the SEM guidelines.

What this is about — and what it is not about

The S protection status has been activated for persons fleeing Ukraine since 12 March 2022 (Federal Council decision of 11 March 2022). It is designed to be temporary: Art. 76 of the Asylum Act links the granting of protection to the continued existence of the grounds for protection; the statute does not provide for a maximum period for the individual length of stay, but it does provide for the possibility of revoking the status by a decision of the Federal Council once the grounds for protection no longer exist.

Anyone who, as a holder of an S permit, is integrated into Switzerland – employed, with a language certificate, not dependent on social welfare, and without any criminal record – may, under certain conditions, apply for a change to a regular B residence permit. This change is not a statutory right, but a cantonal discretionary decision based on:

  • Art. 84 para. 5 AsylA (possibility of regulating the stay after the protection has ceased),
  • Art. 14 para. 2 AsylA in conjunction with Art. 30 para. 1 lit. b LEI/LStrI/FNIA and Art. 31 OASA (hardship case procedure during ongoing protection),
  • supplementary cantonal guidelines and the SEM’s practice regarding the regularisation of persons in need of protection.

This file describes:

  • the three transitional pathways and their respective requirements,
  • the cantonally responsible authorities and the procedure,
  • the evidence and documents that are typically required.
  • the typical mistakes and their consequences,
  • the NGO advisory centres for preparing the application.

What this file is NOT:

  • no recommendation of a specific course of action for a particular individual,
  • no assessment of the prospects of success for a specific application,
  • no advice on choosing a canton (so-called "cantonal shopping"),
  • no template for presenting arguments to the migration authorities,
  • no recommendation of a specific lawyer (exception: reference to the BfR register and the NGO list).

Anti-Scope (STRICT): If the individual’s personal circumstances are complex (criminal conviction, receipt of social welfare, health problems, divided family, mixed nationality), a lawyer specialising in immigration and asylum law and registered with the cantonal bar register must be instructed before submitting the application. Rectifying a transition application that has been incorrectly submitted is time-sensitive when the protection status is about to expire.

1. Three transitional pathways — overview

The transition from S protection status to a B residence permit can formally take place via three different routes. Which route is applicable depends on the individual’s personal circumstances, the duration of stay, the canton, and whether the need for protection continues or has ceased.

Route 1 — Hardship application during existing S protection status (Art. 14 para. 2 AsylA)

Legal basis: Art. 14 para. 2 AsylA allows the canton, in the event of a severe personal hardship case, to grant a person with a pending or granted asylum application – including those with S protection status – an ordinary residence permit. The material criteria for hardship cases are set out in Art. 30 para. 1 lit. b LEI/LStrI/FNIA and Art. 31 OASA.

Requirements (cumulative, with varying weighting at cantonal level):

  • Length of stay in Switzerland of at least 5 years as a rule since the submission of the application for asylum (varying between 4 and 7 years at cantonal level),
  • proven integration within the meaning of Art. 58a FNIA (language, gainful employment, independence from social welfare, respect for public safety),
  • Language proficiency generally at A2 level (oral) / A1 level (written) in the official language of the canton (fide certificate).
  • Gainful employment with means of support without social assistance, usually documented for at least 12 months,
  • no significant criminal convictions (minor offences are assessed differently at cantonal level).
  • the family circumstances and the children’s education/vocational training are taken into account.
  • the personal circumstances of the individual make return to their country of origin reasonable or unreasonable (varying by canton).

Competent authority: the cantonal migration office of the canton of residence; the application is submitted to the SEM for approval (Art. 99 AIG in conjunction with VZAE Art. 85).

Outline of the procedure:

  1. Preparation (usually 4–8 weeks): Collection of integration documents (employment contracts, payslips, fide certificate, children’s school reports, rental agreement, possibly letters of recommendation), consultation with an NGO (HEKS, Caritas, AsyLex, SOS Ticino, SBAA).
  2. Submission of application to the cantonal migration office, formal letter with justification of the hardship criteria.
  3. Cantonal preliminary review (usually 2–6 months, depending on the canton).
  4. SEM approval (generally 2–4 months after cantonal approval).
  5. Grant of the B residence permit or refusal with a ruling that incurs costs.

Common grounds for rejection:

  • Duration of stay below the cantonal minimum threshold,
  • Language certificate missing or insufficient,
  • Receipt of social assistance within the last 3 years,
  • Employment not continuously documented,
  • formal deficiencies in the application (no substantiated justification).

Route 2 — Integration-based regularisation following the cessation of protection (Art. 84 para. 5 AsylA)

Legal basis: Art. 84 para. 5 AsylA provides that, after the Federal Council has lifted the collective protection status, the cantonal authorities — on the basis of a recommendation by the SEM — may grant persons a C settlement permit if their removal would be unreasonable or if they are particularly well integrated in Switzerland.

Please note — current situation: The Federal Council’s decision of 11 March 2022 on the activation of protection measures for Ukrainian nationals in need of protection is still in force as of 1 January 2024. Path 2 can only be activated once the Federal Council has lifted the collective protection status — a date that is politically uncertain and can also be extended retrospectively.

Requirements (essentially identical to path 1, but linked to the post-repeal practice of the SEM):

  • Integration under Art. 58a AIG (see path 1),
  • Gainful employment, independence from social welfare, clean criminal record,
  • substantial period of residence in Switzerland (as defined in the SEM directive issued after the withdrawal of protection).

Risk assessment: Individuals who rely exclusively on Pathway 2 risk receiving a removal ruling if their protection status is revoked without any right to regularisation. Pathway 1 (hardship case during ongoing protection) therefore generally offers a more robust strategy for integrated individuals with a long period of residence.

Path 3 — Change to AFMP status (very limited group)

Legal basis: AFMP Annex I Art. 3 (family reunification) — If an S permit holder lives in a relationship similar to marriage or is married to a person with EU/EFTA nationality, and this person holds an AFMP permit in Switzerland, a change to a derived B permit EU/EFTA can be made.

Requirements:

  • formal marriage or registered partnership with a person eligible for an AFMP permit,
  • common place of residence,
  • Means of livelihood (employment or sufficient financial resources of the person entitled to benefits under the FZA).

Procedure outline: Transition from protection status to a derived AFMP permit via the cantonal migration office, submitting the marriage/partnership certificate and the AFMP permit of the partner.

Important clarification: Route 3 is NOT a hardship case route, but a change of residence permit through the acquisition of an AFMP permit. The chances of success are high, provided that the requirements for family reunification are actually met.

2. Cantonal Practice — Three Observations

Cantonal practice varies in terms of minimum periods of residence, in the weighting given to employment and in the willingness to assess hardship applications from holders of S permits favourably. This document does not provide a ranking of cantons or strategic recommendations for choosing a canton. Anyone considering changing their canton of residence solely for the purpose of benefiting from more favourable hardship practice should bear in mind two risks: (a) the newly responsible canton may view the shorter period of residence in the new canton critically; (b) a change during an ongoing hardship application may lead to a formal reopening of the case and thus to a delay.

Observable variation (purely descriptive, without any value judgement):

  • Romandy (VD, GE, NE, FR, JU): generally gives greater weight to family and educational ties when assessing hardship cases; consistently shorter processing times (4–8 months) due to efficient administrative procedures.
  • German-speaking Switzerland standard (LU, SO, AG, SG, BE etc.): greater emphasis on economic independence; consistently stricter requirements for the fide language certificate.
  • Ticino: smaller case comparison group; practice tends to be formalistic, longer processing times.
  • Zurich: has its own standard with a detailed catalogue of criteria from the cantonal migration office, longer processing times (8–14 months), and a higher rate of substantially reasoned rejections.

These observations are descriptive practice notes based on publicly available administrative court decisions and SEM statistics. They are not guarantees for any specific procedure.

3. Documents checklist (general, not fully exhaustive at cantonal level)

The following documents are generally required by all cantons for a hardship application; the relevant migration office publishes a canton-specific list:

Identity & Status:

  • Copy of the current S permit,
  • Passport or equivalent travel document,
  • Birth certificates of all family members,
  • Marriage/Registered Partnership certificate, if applicable.

Residence:

  • Certificate of residence from the municipality,
  • Tenancy agreements from the date of entry (or confirmations from the reception facilities),
  • Insurance policies (mandatory health insurance, and any supplementary insurance).

Integration:

  • fide certificate at the required level (A1 in writing / A2 orally for the official language of the canton; in some cantons, B1 orally).
  • Employment contracts and payslips for the last 12–24 months,
  • Tax returns and tax assessments,
  • Confirmation from the social services department that no social welfare benefits are being received/have been received in the past.
  • School certificates of the children,
  • Letter of recommendation (from employer, school, associations — optional but recommended).

Criminal record:

  • current criminal record extract (data protection extract),
  • in the case of minor endorsements: explanatory statement.

Application:

  • formal letter with detailed justification of the hardship criteria,
  • CV in the form of a narrative account of the applicant’s residence and integration history.

Preparing the documents usually takes 4–8 weeks. NGOs offer advice (see below) to help with structuring the documents, either free of charge or for a small fee.

4. Common Mistakes — and Their Consequences

Error 1 — Premature Submission: Hardship applications with a period of stay below the cantonal minimum threshold (4–7 years) are generally rejected. The rejection entails a procedural fee of between CHF 200 and CHF 800 (varying by canton) and makes a later application slightly more difficult — but the premature involvement sometimes blocks other avenues.

Error 2 — Incomplete integration documentation: If employment contracts, payslips or the fide certificate are missing, the migration office will regularly reject the application, stating that "integration is not sufficiently documented". A re-submission is possible, but it will take several more months.

Error 3 — Failure to terminate social welfare benefits: Receiving social welfare benefits within the 36 months prior to submitting the application is, in almost all cantons, considered a significant obstacle to a positive assessment. Terminating social welfare benefits before submitting the application substantially improves the chances of success.

Error 4 — Late cantonal change of residence: A change of residence during an ongoing hardship case application results in formal reassignment of responsibility and, as a rule, in the re-opening of the proceedings. Anyone wishing to change cantons should do so before submitting the application and build up their period of residence in the new canton.

Error 5 — Failure to disclose minor criminal convictions: Even minor convictions must be disclosed. Failure to do so will, if discovered, regularly lead to refusal of the permit on the grounds of providing false information (Art. 62 para. 1 lit. a LEI/LStrI/FNIA) and may have criminal consequences.

5. NGO Advice — List (as of 2026-05)

The following organisations provide free or low-cost advice to holders of S protection status in preparation for submitting a transitional application. This list follows the principle of transparent, commission-free referrals:

For criminal record-relevant cases, complex health-related situations or imminent removals, an attorney registered with the FAC and specialising in immigration law must be instructed. The cantonal bar register of the Federal Conference of Bar Associations can be found at https://www.anwaltsregister.ch.

6. Deadlines, fees, and duration of the procedure

Deadlines: There is no statutory deadline for a hardship application; it can be submitted at any time during the period of valid S protection status. If the Federal Council is considering lifting the collective protection status, early submission is recommended, provided that the integration requirements have already been met.

Fees (as of 01.01.2024, varying by canton):

  • Application for hardship case at the cantonal migration office: CHF 200–800,
  • Fees charged by the SEM in approval procedures: CHF 200–500,
  • Fee for issuing the B residence permit upon approval: CHF 100–200 (cantonal).

Duration of proceedings (based on experience, with high variation):

  • Romandie standard: 4–8 months,
  • Standard for German-speaking Switzerland: 6–12 months,
  • Zurich: 8–14 months,
  • Ticino: 8–16 months.

The length of the procedure is greatly influenced by the completeness of the documents and the complexity of the personal circumstances. Applications prepared by NGOs are generally decided more quickly and with a higher success rate.

7. What applies after the B permit has been issued

The issued B permit is a regular third-country national B permit (not an AFMP), provided that pathway 1 or pathway 2 was successful. It is subject to annual renewal (see Renewal of residence permits); the requirements include, among other things, the continued existence of a legitimate reason for stay (employment, family reunification, study, sufficient means) and continued integration.

The C settlement permit can be applied for after 10 years of uninterrupted residence (Art. 34 AIG); special regulations apply to persons from certain contracting states or in the case of early settlement pursuant to Art. 34 para. 4 AIG (good integration after 5 years). The period of stay in S protection status is taken into account proportionally according to Art. 34 para. 4 AIG in conjunction with Art. 60 of the Agreement on the Free Movement of Persons — the exact calculation is determined at cantonal level and is not comprehensively documented in this file.

Facilitated naturalisation (Art. 21 SCA) or ordinary naturalisation (Art. 9–14 SCA) follows after the requirements set out therein have been met (see Naturalisation in Switzerland); here too, the crediting of the S period is a matter of cantonal practice.

8. If Path 1 is rejected

A rejection of a hardship case application can be challenged by means of appeal to the cantonal administrative court, and subsequently to the Federal Administrative Court (Art. 31 VGG). The deadline for lodging an appeal is generally 30 days from the date of notification of the ruling – a strict deadline. Legal representation by a specialist lawyer in immigration law is strongly recommended for the appeal, as the formal requirements for the appeal document are high.

A repeated application for a hardship case can be submitted after a substantial change in the applicant’s circumstances (e.g. completion of a language test, new employment contract, new period of stay).

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

  • "AIG" → "FNIA"
  • "Ausländer- und Integrationsgesetz" → "Federal Act on Foreign Nationals and Integration"
  • "VZAE" → "OASA"
  • "BüG" → "SCA"
  • "Bürgerrechtsgesetz" → "Swiss Citizenship Act"
  • "FZA" → "AFMP"
  • "Freizügigkeitsabkommen" → "Agreement on the Free Movement of Persons"
  • "AsylG" → "AsylA"
  • "Asylgesetz" → "Asylum Act"
  • "nDSG" → "revFADP"
  • "DSG" → "FADP"
  • "SEM" → "SEM"
  • "Staatssekretariat für Migration" → "State Secretariat for Migration"
  • "BVGer" → "FAC"
  • "Bundesverwaltungsgericht" → "Federal Administrative Court"
  • "Bundesgericht" → "Federal Supreme Court"
  • "Fedlex" → "Fedlex"
  • "Aufenthaltsbewilligung B" → "B residence permit"
  • "Niederlassungsbewilligung C" → "C settlement permit"
  • "Kurzaufenthaltsbewilligung L" → "L short-term permit"
  • "Grenzgängerbewilligung G" → "G cross-border permit"
  • "Vorläufige Aufnahme F" → "F provisional admission"
  • "Schutzstatus S" → "S protection status"
  • "Asylsuchende N" → "N asylum-seeker permit"
  • "Einbürgerung" → "Naturalisation"
  • "erleichterte Einbürgerung" → "facilitated naturalisation"
  • "ordentliche Einbürgerung" → "ordinary naturalisation"
  • "Familiennachzug" → "family reunification"
  • "Härtefall" → "hardship case"
  • "Kantonales Migrationsamt" → "cantonal migration office"
  • "OCPM" → "OCPM"
  • "MIDI" → "MIDI"
  • "SPOP" → "SPOP"
  • "MEBEKO" → "MEBEKO"
  • "BGFA" → "LLCA"
  • "Anwaltsregister" → "cantonal bar register"
  • "Apostille" → "apostille"
  • "Schengen" → "Schengen"
  • "Schengen-Overstay" → "Schengen overstay"
  • "Wegweisung" → "removal"
  • "Widerruf" → "revocation"
  • "Beschwerde" → "appeal"
  • "Verfügung" → "ruling"
  • "Anmeldung" → "registration of arrival"
  • "Genossenschaft" → "cooperative society"
  • "Beirat" → "advisory board"
  • "Redaktion" → "editorial team"

Related topics: S protection status · Hardship case under Art. 30 AIG · Renewal of residence permits · Appeals against cantonal migration decisions · Cantonal practice — Romandie standard · Canton of Zurich · Canton of Geneva · Asylum Act glossary · AIG and VZAE terminology glossary.

Source status: Fedlex AsylA/FNIA/OASA as of 01.01.2024 · SEM guidelines on asylum and foreign nationals matters as of 2026-Q1 · BR decision on the activation of protection measures of 11.03.2022 (still in force as of the initial drafting date).

Review obligation (quarterly): This file must be updated each time the SEM directive on the regularisation of persons in need of protection is amended, and each time the Federal Supreme Court clarifies the case law on hardship cases under the S protection status. The cms.locale_sync_state automatically marks all translations as stale.