Switzerland: Information on the different categories of permis de séjour

The following information was provided to the Research Directorate by two Swiss government agencies responsible for matters relating to foreigners in Switzerland, the Office fédéral des étrangers and the Commission fédérale des étrangers, in letters received by the Research Directorate on 12 November 1997 in response to an inquiry from the Research Directorate on the different categories of permis de séjour (or livret (  see attachment from the Office fédéral des étrangers): "A" is a residence permit issued to seasonal workers in Switzerland, and it is valid for a period of up to nine months; "B" is a renewable one-year residence permit; "C" is a permanent residence permit, and may be issued to a foreigners who have been living in Switzerland for five or ten years, depending on which countries they came from; "G" is a work permit issued to residents of countries bordering on Switzerland. "G" is not a residence permit; the holder must return to his or her country of origin every day. A person who has made an application for refugee status in Switzerland and who has not yet been granted refugee status by the Swiss government cannot hold an A, B, C, or G permit; such a person holds an "N" permit. A person whose application for refugee status has been refused ("requérant débouté"), but who cannot be removed from Switzerland, is issued an "F" permit, which is a provisional residence permit. Moreover, the Swiss government may also issue a "B" permit for humanitarian reasons to a person whose application for refugee status has been refused. Please see texts of the letters, attached below, for more details on the various categories of permit, including information on the rights and obligations that the permits confer on those who hold them.

The following information was provided to the Research Directorate by a representative of the Office fédéral des étrangers in Berne in a 29 October 1997 telephone interview: it is possible that under some circumstances a person who holds a permis de séjour (of a category other than "N") could submit an application for refugee status in Switzerland. For example, a seasonal worker from the former Yugoslavia who holds an "A" permit may apply for refugee status. Such a person would be issued an "N" permit when his or her "A" permit expired.

The following information was provided to the Research Directorate in a 29 October 1997 telephone interview with a representative of the Organisation d'aide aux réfugiés in Berne. All applicants for refugee status in Switzerland are issued an "N" permit, which permits residence in Switzerland until the Swiss government decides whether the applicant is to be allowed to remain in Switzerland. If the Swiss government's decision is negative, the applicant must leave Switzerland. If the Swiss government decides that the applicant is a refugee according to Swiss law ("refugié reconnu" ( see the letter from the Commission fédérale des étrangers, p. 2) , then the applicant will be permitted to remain in Switzerland and will be issued a "B" permit. If the Swiss government decides that the applicant is not a refugee according to Swiss law, but chooses nevertheless to allow the applicant to remain in Switzerland, then the applicant will be issued an "F" permit. For details on the "F" permit, and for more information on the "B" permit, please consult the attached letters from the Office fédéral des étrangers and the Commission fédérale des étrangers.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Organisation d'aide aux réfugiés, Berne. 29 October 1997. Telephone interview with a representative.

Switzerland. 12 November 1997. Commission fédérale des étrangers, Berne. Letter sent to the Research Directorate by fax.

_____. 3 November 1997. Office fédéral des étrangers, Berne. Letter sent to the Research Directorate by mail.

_____. 29 October 1997. Office fédéral des étrangers, Berne. Telephone interview with a representative.

Attachments

Research Directorate, Immigration and Refugee Board. 28 October 1997. Letter of inquiry sent by fax to the Office fédéral des étrangers (identical letter sent to the Commission fédérale des étrangers), 2 pages.

Switzerland. 12 November 1997. Commission fédérale des étrangers. Letter sent to the Research Directorate by fax, 5 pages.

_____. 3 November 1997. Office fédéral des étrangers. Letter sent to the Research Directorate by mail, 3 pages.

_____. 1/4/1997. Office fédéral des étrangers. "Types d'autorisations de séjour," 1 page.