Recognised refugee in Switzerland — grant of asylum and B residence permit “refugee”

Information framework (ADR-015 Tier A — public information). This page describes the legal situation of recognised refugees in Switzerland according to the Federal Act of 26 June 1998 on Asylum (Asylum Act, AsylG; SR 142.31) and the Federal Act of 16 December 2005 on Foreign Nationals and Integration (AIG; SR 142.20). It does not replace asylum or immigration legal advice. For individual cases, legal representation registered in the Swiss Bar Register (BFR) should be consulted (Fedlex·Art. 102h AsylG; see glossary framework/fw_asylg_glossary.md). Date of the legal provisions cited here: 1 April 2025.

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

1 What does “recognised refugee” mean?

The term "recognised refugee" refers to a person to whom the State Secretariat for Migration (SEM) has granted asylum after examining the asylum application. The legal basis consists of two stages: first, the definition of refugee status (Art. 3 AsylA), then the decision on the granting of asylum (Art. 49 ff. AsylA) and its effect (Art. 60 AsylA).

1.1 Definition of refugee status — Art. 3 AsylA

Art. 3 AsylA — Definition of refugee ¹ Refugees are persons who, in their country of origin or in the country in which they last habitually resided, are exposed to serious disadvantages or have well-founded fears of being exposed to such disadvantages on account of their race, religion, nationality, membership of a particular social group or political opinions. ² Serious disadvantages include, in particular, threats to life, physical integrity or liberty, as well as measures that cause intolerable psychological pressure. Account should be taken of the specific grounds for flight for women. ⁴ Refugees are not persons who claim grounds that arose as a result of their conduct after leaving the country and which are neither an expression nor a continuation of a conviction or orientation that already existed in their country of origin or home country. The Refugee Convention of 28 July 1951 remains unaffected.

The definition largely corresponds to Art. 1A para. 2 of the Convention of 28 July 1951 relating to the Status of Refugees (FK; SR 0.142.30), extended to include gender-specific grounds for persecution.

1.2 Granting of asylum — Art. 49 AsylA

Art. 49 AsylA — General principle Asylum is granted to persons who possess refugee status and for whom no grounds for exclusion from asylum exist.

Grounds for exclusion from asylum can be found in Art. 53 AsylA (unworthiness for asylum, e.g. reprehensible acts, endangering internal or external security).

1.3 Effects of the grant of asylum — Art. 60 AsylA

Upon granting asylum, the person receives the status of a recognised refugee with asylum (in official usage, often referred to as "asylum recipients" or "asylum seekers" in the historical sense – these terms are avoided in this page; SIP consistently uses "recognised refugees").

Art. 60 AsylA — Provisions on presence ¹ Persons to whom asylum has been granted or who have been provisionally admitted as refugees are entitled to a residence permit in the canton in which they are legally resident. ² Recognised refugees are granted a C settlement permit after five years of lawful residence in Switzerland, provided that they have integrated well (Art. 58a FNIA).

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

2 What permit does a recognised refugee receive?

2.1 B residence permit with the endorsement "refugee"

Recognised refugees receive a B residence permit from the canton in which they are legally resident, in accordance with Art. 60 para. 1 AsylA in conjunction with Fedlex·Art. 33 AIG. The endorsement "refugee" is entered on the permit; in day-to-day administrative practice, the permit is therefore referred to as a "B permit for refugees" or "B refugee permit".

Art. 33 FNIA — Residence permit ¹ The residence permit is issued for stays of more than one year. ² It is issued for a specific purpose of stay and may be subject to further conditions. ³ It is issued for a limited period and can be extended if there are no grounds for revocation under Article 62 paragraph 1.

The permit is therefore temporary (usually issued for one year and then renewed annually), but can be extended indefinitely if the refugee status continues. The competent cantonal migration office issues the physical permit; the SEM decides on the granting of asylum itself.

2.2 Distinction: a “recognised refugee B” does not hold an ordinary B permit.

The endorsement "refugee" on the B permit is legally decisive for a number of special rights (family reunification, travel document, full access to the labour market, equal treatment in social welfare; see section 5). A recognised refugee B is not the same as a third-country national who has received a B permit under Fedlex·Art. 33 AIG without a refugee endorsement (e.g. for employment, family reunification or study). The legal basis is different (AsylA vs. AIG employment or family chapter), and the legal consequences differ significantly.

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

3 Transition from N or F to recognised refugee B

3.1 During the asylum procedure: N permit

Asylum seekers receive an N permit (confirmation that an asylum application is pending) during the pendency of their asylum application, in accordance with Art. 42 AsylA. The N permit is not a residence permit within the meaning of the Federal Act on Foreign Nationals and Integration; it merely confirms the ongoing procedure and the right to remain in the country associated with it (see framework/fw_asylg_glossary.md under the heading "N permit").

3.2 Following a negative asylum decision, but a positive decision on refugee status under the VA: F permit (F refugee)

If the asylum application is rejected because an exclusion clause under Art. 53 AsylA applies, but the person nevertheless fulfils the criteria for refugee status under Art. 3 AsylA, they will be provisionally admitted as a refugee (Art. 83 para. 8 AIG in conjunction with Art. 60 para. 1 AsylA). They will receive an F permit with the endorsement "refugee" ("F refugee" in the language used by the authorities). See permits/permit_f_provisional_admission.md for details.

Important distinction: A person with provisional admission (F) fulfils the criteria for refugee status, but does not have asylum status. Their legal status is less secure than that of recognised refugees with a B residence permit, but better than that of non-refugees who have been granted provisional admission (F without refugee status).

3.3 In the event of a positive asylum decision: change to B residence permit “refugee”

If asylum is granted, the change of the type of permit is carried out administratively as follows:

1. SEM communicates the positive asylum decision (ruling on the granting of asylum) in writing to the applicant and to the competent cantonal migration office.
2. The cantonal migration office revokes the N permit (or the F permit in the case of a previous temporary admission status) and issues a B residence permit with the endorsement "refugee".
3. The canton of residence is determined by the SEM’s allocation decision (Art. 27 AsylA) or a subsequent change of canton in accordance with Art. 22 ZuV.
4. The permit is usually renewed annually; the renewal process is handled by the cantonal migration office.

The present page does not provide strategic advice on how to proceed in asylum proceedings, on the choice of grounds for asylum, or on how to deal with pending proceedings. Such questions should be addressed to a lawyer registered with the BFR or to a legal advice centre approved by the SEM pursuant to Art. 102f ff. of the Asylum Act.

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

4 C settlement permit after 10 years (or earlier with integration)

4.1 Standard deadline and early settlement

Recognised refugees with a B residence permit may, pursuant to Art. 60 para. 2 of the Asylum Act in conjunction with Art. 34 of the Federal Act on Foreign Nationals and Integration, be granted a C settlement permit:

Art. 34 FNIA — C settlement permit ¹ The C settlement permit is granted for an unlimited period and without conditions. ² It may be granted to foreign nationals if: a. they have been in Switzerland for a total of at least ten years with a short-term or residence permit, and they have held a residence permit continuously for the last five years; and b. there are no grounds for revocation pursuant to Article 62 paragraph 1; and c. they are integrated. ⁴ Foreign nationals may be granted a C settlement permit after a shorter period of lawful and uninterrupted stay if there are important reasons to justify this and if they have successfully integrated.

According to established SEM practice and cantonal migration guidelines, the following applies to recognised refugees:

• As a general rule: after 10 years of lawful residence in Switzerland, provided that the integration criteria under Art. 58a FNIA are met and there are no grounds for revocation under Art. 62 para. 1 FNIA.
• Early settlement: already after 5 years in the event of successful integration according to Art. 34 para. 4 AIG in conjunction with Fedlex·Art. 62 VZAE (Ordinance on Admission, Residence and Employment; SR 142.201). Successful integration requires, in particular, advanced language skills, longer employment without dependence on social assistance and participation in economic and cultural life.

4.2 Integration criteria — Art. 58a FNIA

Art. 58a FNIA — Integration criteria ¹ When assessing integration, the competent authority takes the following criteria into account: a. the observance of public safety and order; b. respect for the values enshrined in the Federal Constitution; c. the language skills; and d. participation in economic life or in acquiring education.

The detailed requirements (in particular, the specific language levels for early settlement versus standard settlement) are set out in the OASA and in cantonal guidelines. For the individual assessment in a specific case, the information provided by the competent cantonal migration office or a lawyer registered with the FAC is decisive.

4.3 Credit for time spent in asylum proceedings

The period between the application for asylum and the granting of asylum (N period) is, according to SEM guidelines, taken into account for the 10-year period under Fedlex·Art. 34 AIG, provided that it concerns lawful stay with confirmation of presence. However, the practice is not uniform in all situations; differences are possible in the event of changes of canton, resumption of proceedings or gaps in the stay.

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

5 Rights of a recognised refugee

5.1 Access to the labour market — Art. 60 para. 1 lit. a AsylA in conjunction with Art. 38 LEI/LStrI/FNIA

Recognised refugees have unrestricted access to the Swiss labour market throughout Switzerland, without any requirement for priority to be given to Swiss or permanent residents and without any prior assessment of the labour market situation:

Art. 61 AsylA — Gainful employment Persons to whom Switzerland has granted asylum or who have been provisionally admitted as refugees are entitled to engage in dependent employment in Switzerland or to change their place of work or occupation.

The commencement of self-employed gainful activity is also permitted; it is subject to the general commercial, social security and tax regulations, but not to asylum law restrictions. Recognised refugees are treated on an equal footing with Swiss nationals with regard to gainful activity, with the exception of professions with nationality requirements (e.g. certain positions in the federal administration, army).

5.2 Residence and choice of accommodation

Recognised refugees are assigned to the canton of residence, which is allocated to them by the SEM in accordance with Art. 27 AsylA. Within the canton, they have free choice of residence and accommodation. A change of canton is possible (Fedlex·Art. 37 AIG in conjunction with Art. 21 ZuV); it must be applied for at the migration office of the canton to which they are moving. The permit is generally granted if there are no grounds for revocation.

5.3 Family reunification — Art. 51 AsylA (privileged family reunification)

The family reunification of recognised refugees is subject to special regulations:

Art. 51 AsylA — Family asylum ¹ Spouses of refugees and their minor children are recognised as refugees and granted asylum, unless there are special circumstances to the contrary. ⁴ If the persons entitled to claim under paragraph 1 have been separated by fleeing and are abroad, their entry shall be authorised upon application.

In relation to Article 47 AIG (time limits for family reunification for third-country nationals), this means:

• No time limits under Art. 47 LEI/LStrI/FNIA apply to the family reunification of the immediate family (spouses and minor children) who were already part of the family before fleeing.
• No proof of income required under Fedlex·Art. 44 AIG for the immediate family, insofar as Art. 51 AsylA applies.
• The family members who are to be reunited are usually granted

For family members who do not fall under Art. 51 AsylA (e.g. marriage concluded after fleeing, adult children, other relatives), the general provisions of the Federal Act on Foreign Nationals and Integration apply (in particular Art. 44, Art. 47, Fedlex·Art. 85c AIG for persons with temporary admission status). Details can be found in life-events/le_family_reunification_recognised_refugee.md and life-events/le_family_reunification_general.md.

5.4 Travel documents — travel document for refugees

Recognised refugees receive, in accordance with Art. 59 of the Asylum Act and the Ordinance of 14 November 2012 on the Issuance of Travel Documents for Foreign Nationals (RDV; SR 143.5), a travel document for refugees within the meaning of Art. 28 of the 1951 Refugee Convention.

Art. 59 AsylA — Effect Persons to whom Switzerland has granted asylum or who have been provisionally admitted as refugees are to be regarded as refugees within the meaning of this Act and the Convention of 28 July 1951 relating to the Status of Refugees in their dealings with all federal and cantonal authorities.

The travel document allows travel to all states except the country of origin. Travel to the country of origin (or to a country in which the Swiss authorities would have to assume that protection by the country of origin should be applied) regularly leads to the initiation of a procedure for withdrawal of recognition (Art. 63 AsylA, see section 6).

5.5 Social welfare and social insurance

Recognised refugees are treated on an equal footing with Swiss nationals in respect of social welfare. Responsibility lies with the canton of residence; the amount is determined in accordance with the SKOS guidelines and cantonal law. This equal treatment is based on Article 23 of the 1951 Refugee Convention and is implemented in Swiss social welfare legislation.

Note relevant to naturalisation (in the context of the SCA): Receipt of social welfare benefits is, according to Art. 12 para. 1 lit. c SCA (Federal Act on the Swiss Citizenship; SR 141.0), an obstacle to naturalisation. According to more recent cantonal and Federal Supreme Court case law (see, among other things, the Administrative Court of Aargau, 2024), receipt of social welfare benefits is also taken into account even if it is due to circumstances beyond the individual's direct control. The consequences for naturalisation are described in detail in the glossary framework/fw_bug_2018_glossary.md. This page does not provide strategic advice on claiming social welfare benefits – such considerations must be made individually, by the cantonal social services, a debt counselling service and, if necessary, by a lawyer registered with the BFR.

5.6 Education, health, political rights

• Education: equal access to compulsory schooling (regulated at cantonal level); tertiary education (university, university of applied sciences) without any special immigration requirements, but subject to the general admission requirements of the respective institution.
• Health insurance: compulsory under the Federal Act of 18 March 1994 on Health Insurance (KVG; SR 832.10); premium reduction at cantonal level based on need.

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

6 Loss of refugee status and revocation of asylum

6.1 Revocation — Art. 63 AsylA

Art. 63 AsylA — Revocation ¹ The SEM revokes asylum or withdraws refugee status: a. if the foreign national obtained asylum or refugee status by making false statements or concealing material facts; b. for reasons set out in Article 1, paragraph C, numbers 1–6 of the Agreement of 28 July 1951 relating to the Status of Refugees. ² The SEM, however, recognises refugee status if refugees: a. have violated, endangered or committed particularly reprehensible criminal offences against the internal or external security of Switzerland; b. have failed to comply with the travel ban under Article 59c, paragraph 1, second sentence, of the AIG.

The typical grounds for cessation of refugee status under Art. 1, para. C, of the 1951 Convention are:

1. Voluntary application for the protection of the country of origin (e.g. obtaining a home travel document, return to home country – see section 5.4).
2. Voluntary re-acquisition of the nationality of the country of origin

6.2 Procedure

The procedure for withdrawing asylum is conducted by the SEM. It concludes with a ruling issued by the Federal Administrative Court (FAC), which can be appealed under Art. 105 of the Asylum Act. This page does not provide any forecast as to the outcome of specific withdrawal procedures, nor does it offer any guidance on how to conduct such procedures. For individual cases: consult a lawyer registered with the BFR; in the context of the extended procedure, also consult an approved legal advice centre under Art. 102f ff. of the Asylum Act.

6.3 Consequences for the residence permit

If asylum is revoked or refugee status is withdrawn, the special legal status lapses. The cantonal migration office then checks whether the person remains authorised to stay under the Federal Act on Foreign Nationals and Integration (e.g. under Art. 50 of the Federal Act on Foreign Nationals and Integration if the family unit is dissolved, under Art. 30 of the Federal Act on Foreign Nationals and Integration for reasons of hardship, or whether the conditions for a provisional admission under Art. 83 of the Federal Act on Foreign Nationals and Integration are met). Otherwise, a removal order will be issued. This page does not provide any forecast regarding such subsequent decisions.

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

7 Naturalisation — Acquisition of Swiss Citizenship

7.1 Relevant legal basis

The naturalisation of recognised refugees is governed by the Federal Act of 20 June 2014 on Swiss Citizenship (SCA; SR 141.0) and the Ordinance on Swiss Citizenship (SCAO; SR 141.01). Special asylum-related facilitations apply under Art. 60 of the Asylum Act (establishment as a preliminary step) and Art. 9 of the SCA (residence requirements).

Art. 9 SCA — Requirements for the establishment of a domicile ¹ The SEM grants the naturalisation permit only if the applicant: a. has resided in Switzerland for a total of ten years, with three years of this period occurring within the five years preceding the submission of the application; and b. holds a C settlement permit. ² When calculating the length of stay under paragraph 1, letter a, the period during which the applicant lived in Switzerland between the ages of 8 and 18 is counted twice; however, the actual stay must be at least six years.

7.2 Requirements — Overview

In summary, the following are required for the ordinary naturalisation of recognised refugees:

1. C settlement permit (Art. 9 para. 1 lit. b SCA) — therefore, first proceed via section 4 of this page.
2. Length of residence: 10 years at federal level plus cantonal residence requirement (2–5 years, depending on the canton) plus municipal residence requirement (usually 2–3 years).

7.3 Offset of the asylum procedure period against the period of residence

The asylum procedure period (with an N permit) counts only to a limited extent towards the 10-year period under Art. 9 SCA. According to SEM guidelines and the case law of the Federal Supreme Court, the period from the first asylum application is generally taken into account, provided that the stay was lawful (i.e. no removal order has become final) and the person has continuously resided in Switzerland. The exact calculation is assessed by the cantonal migration office and the SEM in the naturalisation procedure.

7.4 Social welfare as an obstacle

As mentioned in section 5.5, receiving social welfare benefits is, according to cantonal practice, a significant obstacle to naturalisation. Recognised refugees are not excluded from this. Detailed requirements (number of years without receiving social welfare benefits prior to the application, repayment of previous social welfare benefits, cantonal hardship clauses) can be found in the glossary framework/fw_bug_2018_glossary.md.

7.5 Anti-Scope

This page does not provide strategic advice on the timing of a naturalisation application, on choosing a canton of residence for the purpose of optimising the naturalisation process, or on individual prospects. Such questions require information from the competent cantonal naturalisation authority or a lawyer registered with the BFR.

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

8 Travel documents — travel document for refugees and practice relating to travel documents

8.1 Refugee Travel Document

The travel document for refugees is issued by the SEM. It is a biometric travel document as defined in Article 28 of the 1951 Convention and has been issued in Switzerland in the corresponding form since the transition to biometric passports. Scope of validity: all contracting states of the 1951 Convention and third countries, insofar as they recognise the travel document. The country of origin is excluded.

8.2 Visa requirement

The refugee travel document does not replace any visa requirements that may apply in the destination country. Visa practices vary widely; for the EU/Schengen states, holders of Swiss refugee travel documents are subject to the Schengen visa requirement in the same way as other third-country nationals.

8.3 Prohibition of return and risk of recognition being withdrawn

A journey to the country of origin is generally incompatible with refugee status (see section 6.1) and regularly triggers a procedure for withdrawal of recognition. This also applies to travel to third countries in which the person submits to the protection of the country of origin (e.g. by applying for a repatriation passport at the embassy there). The acquisition of a passport from the country of origin in the country (e.g. via the embassy in Switzerland) can also be regarded as voluntary submission to the protection of the country of origin.

Anti-Scope: The page does not provide any guidance on whether and to which third countries a recognised refugee can travel without risk. For such questions, prior information should be obtained from the SEM or from a legal representative registered with the FAC.

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

9 Distinctions — Differentiation from other asylum and immigration statuses

9.1 Recognised refugee B (asylum) vs. F refugee (provisionally admitted refugee)

Details on the F refugee: permits/permit_f_provisional_admission.md.

9.2 Recognised Refugee B vs. Person in Need of Protection S

The S permit (protection status S, Art. 4 + Art. 66 ff. AsylA) was activated on a broad scale for the first time in 2022 for persons seeking protection from Ukraine. Key differences:

• S is a collective protection status which is triggered and terminated by the Federal Council by means of an ordinance (Art. 4 AsylA).
• Holders of an S protection status

9.3 Recognised refugee B vs. asylum-seeker N

The N permit (Art. 42 AsylA) confirms that an asylum application has been lodged and is not a residence permit. Asylum seekers do not generally have the right to work during the first three months after submitting their asylum application (Art. 43 AsylA); afterwards, this is only possible under stricter conditions (cantonal authorisation, the principle of priority for nationals may apply in part). Social assistance is based on cantonal asylum lump-sum payments, not on SKOS. Travel documents are not issued. Family reunification is not possible during the pending proceedings (exception: family reunification within the meaning of Art. 51 para. 4 AsylA in the event of a subsequent positive asylum decision).

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

10 Procedures, Authorities, Legal Remedies

10.1 Competent Federal Authority

• State Secretariat for Migration (SEM) — Decisions on asylum, withdrawal of permits, travel documents. Registered office: Quellenweg 6, 3003 Bern-Wabern.
• Federal Administrative Court (FAC) — body to which appeals against rulings issued by the SEM can be lodged (Art. 105 AsylA). Seat: St. Gallen.
• Federal Supreme Court (BGer) — only accessible in asylum cases in exceptional circumstances (Art. 83 lit. d BGG).

10.2 Cantonal authorities

• Cantonal migration office of the canton of residence — issuing and extending B residence permits, change of canton, family reunification outside of Fedlex·Art. 51 AsylG, preparation of naturalisation proceedings.
• Cantonal social welfare and municipal social services — social welfare benefits.
• Cantonal and municipal naturalisation authorities — ordinary naturalisation under the cantonal Swiss Citizenship Act.

10.3 Legal representation

In asylum appeal proceedings, legal aid is available under Art. 102m AsylA; in addition, there is a right to free legal advice and representation during the preparation and decision-making phases of the accelerated procedure (Art. 102f ff. AsylA). In the extended procedure and after the finality of the decision, recognised refugees rely on lawyers registered in the BFR — see framework/fw_asylg_glossary.md under the heading "Legal representation".

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

11 Glossary and Cross-References

11.1 Internal cross-references

11.2 External Sources

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

12 Anti-Scope Notice and Duty to Update

This page is Tier A (public information) in accordance with ADR-015. It describes the legal situation according to the AsylA and the FNIA. It is not:

• a recommendation to submit or not to submit an asylum application
• a forecast regarding the outcome of asylum or revocation proceedings
• advice on the choice of grounds for asylum, on procedural strategy or on how to present one’s case in the SEM proceedings.
• a guarantee that the legal situation presented here is still valid at the time of consultation (as of 1 April 2025; update threshold: 90 days)

For individual queries, please contact a lawyer registered with the BFR or a legal advice centre approved by the SEM (Art. 102f ff. AsylA). SwissImmigrationPro does not accept mandates and does not provide legal representation.

Reviewer Status: PENDING — CLR (Lawyer-of-Record), will countersign the page before it is released.

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