My rights

There are different residence statuses:

• N permit (asylum seeker): Whilst your application is being processed and until conclusion of the procedure, you will obtain residence status N (Art. 42 AsylA).
• B permit (recognised refugee): If you have been granted refugee status and have received asylum, you will receive the B permit (Art. 60, para. 1 AsylA).
• F permit (temporarily accepted refugee): If you have had your refugee status accepted, but not been granted asylum, you will receive the residence status F. There are different grounds to denying you asylum. These are set out in Art. 53 and 54 AsylA.
• F permit (temporarily accepted person): If the refugee status has not been recognized but your expulsion to your country of origin is not possible, not permitted or not reasonable, you will obtain the F status. This is not a residence permit, but a confirmation that your expulsion is not possible for now. (Art. 83 FNIA)
• S permit (vulnerable person): With S status, you will receive an S permit. This is limited to a maximum of one year, but can be extended. After five years at the earliest, you will receive a B permit, which is limited in time until the temporary protection is cancelled (Art. 74 AsylA).

 

Here you can find further information on the following topics: change of canton, work permits, insurance, family reunification, right to social assistance, settling in with your status: Swiss Refugee Council

 

• Social assistance

  Social assistance is administered by the cantons. The general guidelines are laid down by the SKOS (available in German, French and Italian). However, they are not binding. Social services operate on a subsidiary basis. This means that they can only pay benefits if there are no other funding options. Social assistance covers basic needs. You can find information on rights and obligations in social welfare here (German and French).

  Benefits

  The F status (temporarily accepted refugee) or the B residence permit (recognised refugee) give you the same rights to touch benefits as the Swiss population. You have a right to benefit from integration measures.

  Financial assistance for asylum seekers (status N) or temporarily admitted foreign nationals (status F) is lower than for Swiss nationals (around 30 % less). Persons with F status can receive integration measures. For asylum seekers (status N), these are only granted in rare cases.

  Social assistance can only be discontinued if it is replaced by emergency assistance (available in German, French and Italian). This is the case when you receive the definitive decision to have your asylum application dismissed (Dublin system) ora negative asylum decision and ruling on your expulsion.

   

  Written decision or ruling

  If your social worker decides something that affects you, you have the right to receive a written decision (available in German, French and Italian) explaining the reasons for the decision within a reasonable period of time. This is not always done in everyday life. However, you can ask for it if you want the decision in writing.

   

  What can I do if I disagree with the decision taken by my social worker?

  You should initially discuss the situation with your social worker. Explain your view of things, whilst also trying to understand the decision. Your social worker is in an equally difficult position: They are unable to fund everything they might want to support. It is always better to find a joint solution than to start a legal dispute.

  If you are unable to reach an agreement in the course of this conversation and if you get the impression that the decision is not well justified, you have means to oppose the decision. You can appeal against the decision. NB: An appeal creates costs for legal proceedings. These costs are paid for by the party that loses the case. A law clinic or legal aid office can advise you on the prospects of your appeal and how to go about it.

  An appeal can touch different aspects, e.g. the conditions you are asked to meet, the restrictions that have been imposed or the amount of benefits and/or assistance you receive.

  You will need access to the written decision in order to appeal. It is also important that you observe the deadline of (usually) 30 days following the date specified on the written decision or ruling.

   

  Sanctions

  A sanction is a type of punishment. If you do not fulfil your obligations as a social welfare recipient, you can receive sanctions. For example, if you do not declare an income or if you do not respect a decision made by social workers. The sanction must have been announced: If you (don’t) do A, B will happen.
  A sanction can be, for example, a reduction in financial benefits (within the framework of basic rights). Your social services benefits may be reduced by a maximum of 30%.

   

  What should I do when I receive money from a third party?

  Regardless of whether you receive money from private individuals, foundations or through crowdfunding, you must declare all amounts to the social services (declaration obligation). This additional money is considered income and can be deducted from your social welfare benefit.
  If you do not declare income, this can lead to a reduction in your benefits or criminal charges. Depending on the situation, criminal charges can lead to expulsion from the country.

   

  This is the best way to be supported:

  Money you receive should always represent a contribution towards a specific purpose. Ideally, the money is not directly paid out to you. Instead, your supporter covers costs on your behalf, e.g. they pay for your language classes. They can also reimburse you for expenses: They might pay your travel costs or tuition fees. Make sure to get a receipt or a confirmation of the bank transfer which specifies the date. This means you are able to prove what the money has been spent on. However, this is no guarantee that the money will not be deducted from the social welfare budget.
• Scholarships

  Cantonal scholarships are education grants for initial education if a person or their parents have too little money for an education.

  Whether you are entitled to a scholarship depends on various factors:

  • Residence status
  • Age
  • Previous education
  • Income & assets

   

  You can find more information on scholarships here.

  If you receive social aid, your scholarship application must be submitted in consultation with your social worker. The scholarship is often paid out to the social aid organisation. Social aid deducts the scholarship from your income and reduces its financial support to you accordingly. This means that you will not receive the scholarship in addition to your social benefits.

There is no statutory right to study. Higher education institutions in Switzerland are responsible for the admissions process. Some institutions will consider your residence permit as part of their decision, others make their decision regardless of your residence status. Most higher education institutions do not refuse admissions on the ground of your legal status. Check with the institution of your choice.

The Geneva convention rules that refugees (B permit and F status) cannot be excluded from studying on the grounds of their residence status.