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E-Magazine_CONVINUS Global Mobility SUMMIT 2022

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  • Permit
+++Celebrating our 20. Anniversary with you+++ 20 years ago the Global Mobility journey started for us and sooner or later you became an important part of this journey. Therefore we, CONVINUS, would like to thank you very much and personally. CONVINUS would not be your partner for challenging and complex topics if we were not always one step ahead. To ensure this, we are in constant contact with our global network and would like to introduce our strong partner network to you on the occasion of our 20th anniversary: - Free access to our Global Mobility SUMMIT 2022 (digital), i.e. two days of bundled international know-how of our CONVINUS team as well as our partners. - Benefit from our network and ask specific questions. - Share your free access with colleagues. We are looking forward to getting to know you as well.


SWISS FOREIGNERS’ PERMIT CARD FOR PERSONS IN NEED OF PROTECTION (S PERMIT) Author: Thomas Asemota In Switzerland, authorised foreign nationals receive a foreigners’ permit card which states the type of permit issued (Art. 41 AIG and Art. 71 VZAE). The permit card must contain all information concerning the status under foreigner’s law. The State Secretariat for Migration (SEM) determines the form and content of the permit card. However, for third-country nationals, it must consider the requirements under the Schengen Association Agreement, namely Regulations (EC) No. 1030/2002 and No. 380/2008 (cf. no. 3.1.7 Directives AIG). A foreigners’ permit card can serve as confirmation for a permit (short-term residence permit, residence permit or settlement permit). These foreigners’ permit card can be issued as biometric or non-biometric cards. This includes the persons who receive the following residence titles within the meaning of Article 41 paragraph 1 AIG (cf. no. Directives AIG): L permit for short-term residents B permit for residents C permit for established persons A foreigners’ permit card can also be issued in accordance with the legal status. These permit cards are not considered residence titles in the narrower sense and are issued as non-biometric cards. The following persons shall receive a special permit card corresponding to their respective legal status (cf. para. Directives AIG): G permit for cross-border commuters N permit for asylum seekers F permit for provisionally admitted foreigners and refugees S permit for persons in need of protection Ci permit for employed spouses and children of nationals of foreign representations or international organisations In the following, I will go into more detail on the S permit for persons in need of protection. On 11 March 2022, the Swiss Federal Government decided that protection seekers from Ukraine who had to leave their home country due to the military invasion by Russia, which has been ongoing since 24 February 2022, will be granted S protection status in Switzerland as of 12 March 2022. The S protection status entitles the person concerned to temporary residence in Switzerland. This means that the refugees from Ukraine quickly obtain a right of residence in Switzerland without having to go through a regular asylum procedure. 34

SWISS FOREIGNERS’ PERMIT CARD FOR PERSONS IN NEED OF PROTECTION (S PERMIT) The right of residence in Switzerland is limited to one year but can be extended. The S protection status also allows those in need of protection to bring family members (partners, underage children and other close relatives who were fully or partially supported at the time of fleeing). In addition to Ukrainian nationals and their family members, persons from third countries who have left Ukraine because of the war are also granted S protection status. The prerequisite for granting S protection status is that the persons concerned had a valid residence permit in Ukraine before they fled and cannot return safely and permanently to their home country. In Switzerland, persons with S protection status are guaranteed full access to the labour market and to school. Protection status S applies to the following categories of persons: Protection-seeking Ukrainian citizens and their family members who were resident in Ukraine before 24 February 2022; Protection-seeking persons of other nationalities and stateless persons and their family members who had an international or national protection status in Ukraine before 24 February 2022; Protection seekers of other nationalities and stateless persons as well as their family members who can prove with a valid short-term residence or residence permit that they have a valid right of residence in Ukraine and cannot return to their home countries in safety and permanently. With the protection status S, the persons concerned receive a foreigner's permit for persons in need of protection (S permit; Art. 45 AsylV 1). The S permit is limited to a maximum of one year but can be extended. The permit for temporary paid employment can be issued from the time the S permit is granted without a waiting period (Art. 53 para. 1 VZAE). The requirements for admission to gainful employment are based on the Foreign Nationals and Integration Act (AIG). The permit is issued by the cantonal labour market and migration authorities and the application must be submitted by the employer. Based on Article 30 paragraph 1 letter 1 AIG, the strictest admission requirements for third-country nationals (Art. 18-29 AIG), the priority of nationals according to Article 21 AIG, have been deviated from. To protect against abuse and social dumping, only the wage and working conditions of those in need of protection are therefore examined (Art. 53 para. 1 VZAE). Persons in need of protection are also granted temporary self-employment if the requirements of Article 19 letters b and c of the AIG are met (Art. 53 para. 2 VZAE). This permit can also be granted without a waiting period from the time the S permit is granted. 35

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