Criteria, cantonal practice, SEM approval, FAC case law.
Last reviewed
03.06.2026
Statute as of
01.01.2024
Statute citations
5 linked
Reading time
8 min read
As of: 01.06.2026 · Snapshot
Hardship provisions under Art. 30 LEI/LStrI/FNIA — Granting of a residence permit in cases of serious personal hardship
Effective date
Frequently asked
4 answers on this topic.
Concrete questions people ask about hardship case — art. 30 FNIA.
art. 30 para. 1 lit. b LEI: A residence permit may be granted in cases of ‘serious personal hardship’ which justifies a particular state of need. A typical area of application: undocumented migrants, failed asylum procedures, families with a long period of residence. Application of the criteria according to art. 31 OASA.
: AI draft, pending review by the supervising lawyer and cantonal practice specialists.
What the hardship case regulation is (and is not)
Art. 30 para. 1 lit. b of the Federal Act on Foreign Nationals and Integration (AIG, SR 142.20) allows cantonal migration offices to grant a residence permit in cases of serious personal hardship – even if the standard requirements for the type of permit are not met. The granting of the permit is at the discretion of the authority and is subject to the approval of the State Secretariat for Migration (SEM).
Important: Hardship status is not an entitlement. There is no legally enforceable right to its grant. The migration authorities assess all the circumstances of the individual case. In practice, successful recognition as a hardship case requires:
an application or recommendation from a cantonal authority (migration office, social services, legal representation),
a carefully documented account of their personal circumstances,
Persons without a current residence permit who have been living in Switzerland de facto for a long time (“undocumented migrants”),
Individuals with an N permit (pending asylum proceedings) in cases of very long proceedings and special personal circumstances.
Persons with an F permit (provisional admission), in cases of particularly pronounced integration (transition from F to B permit possible under hardship considerations, Art. 84 AsylA in conjunction with Art. 30 LEI/LStrI/FNIA),
Third-country nationals with an expiring or already expired residence permit in particularly difficult personal circumstances.
EU/EFTA citizens are not subject to Article 30 of the LEI/LStrI/FNIA, as they derive their rights from the Agreement on the Free Movement of Persons.
The hardship criteria according to Art. 31 VZAE
Art. 31 of the Ordinance on Admission, Residence and Employment (OASA, SR 142.201) specifies the criteria for a serious personal hardship case:
Integration into Swiss society: language skills (level A2 minimum, often B1 in practice), employment or work history, social integration, children attending school.
Respect for Swiss law: no significant criminal record entries, no debts indicating problems with their way of life.
Family relationships, in particular the date of enrolment and duration of school attendance of the children.
Financial circumstances and willingness to participate in economic life and to acquire education.
Duration of stay in Switzerland.
State of health.
Options for reintegration in the country of origin.
The list is not exhaustive. The migration authorities will consider all circumstances that support or refute the existence of a hardship case.
Cantonal Practice Clusters (see ca_cluster_* files)
Cantonal practice varies considerably. Here is an overview, without detailed advice:
Geneva: historically, particularly thorough examination, with Operation Papyrus (2017-2018) as a special basis for regularising undocumented migrants. The operational criteria from Papyrus are still visible in current Geneva practice (long period of residence, employment, children attending school, no criminal record, financial independence).
Vaud: recognises a comparatively large number of hardship cases, in particular those involving families with children of compulsory school age.
Zurich: generally more restrictive, with a focus on integration and financial situation; a long period of residence alone is not sufficient.
Bern: nuanced approach; thorough examination of integration.
Ticino: independent practice with a focus on length of stay and family relationships.
Rest of German-speaking Switzerland: generally more restrictive compared to French-speaking Switzerland.
The specific criteria thresholds vary annually and are updated in the cantonal database updates.
Procedure
Preparation of the file: Collection of relevant documents — proof of residence, payslips, rental agreement, school certificates, language certificates, criminal record extract, debt collection register extract, AHV extract, letters of recommendation (employer, school, church, neighbourhood).
Submission: to the cantonal migration office by the person concerned or by their lawyer.
Cantonal review: The migration authorities examine whether the requirements are met, may order interviews with the parties concerned, and obtain opinions (e.g. from the social welfare office, school, or old-age and survivors’ insurance scheme).
Recommendation by the canton: if the assessment is positive, the canton forwards the file with a recommendation to the SEM.
SEM approval: The SEM reviews the file and decides whether to grant approval. If approved, the canton issues the permit (typically a B permit).
The processing time is typically between 6 and 24 months, depending on the canton and the complexity of the case.
Risks of filing an application
Filing an application based on hardship requires full disclosure to the migration authorities, including any previous unlawful or unauthorised stay. If the application is rejected, this may lead to removal.
For this reason, the following is strongly recommended in practice:
Prior consultation with a specialist NGO or lawyer – before any steps are taken with the authorities.
Realistic assessment of prospects by the advisory service – SIP cannot provide this assessment (see Anti-Scope: “Case-specific legal assessment”, fw_anti_scope_boundaries.md).
Complete documentation before submission — incomplete documentation in a hardship case will almost inevitably lead to rejection.
Special Circumstances
Hardship case for former N/F permit holders
Persons whose asylum application has been rejected, but who have not been removed, may submit a hardship application after several years of residence. Art. 14 para. 2 of the Asylum Act provides for a special possibility of cantonal recognition.
Families with children of compulsory school age
The UN Convention on the Rights of the Child and Art. 11 of the Federal Constitution grant children special rights. In families with children who have been attending Swiss schools for several years, the threshold for recognising hardship cases is, in practice, lower in several cantons.
Individuals with health problems
A significant need for medical treatment that cannot be guaranteed in the country of origin may constitute an important criterion for a hardship case. Requirement: medical certificates and detailed diagnostic reports.
Victims of human trafficking
Victims of human trafficking are granted a specific basis for obtaining a permit under Art. 30 para. 1 lit. e AIG, which should not be confused with the general hardship case. Specific advice is available from FIZ (Women’s Information Centre), Antenna MayDay (TI), and CSP (VD).
What SIP does not cover (Anti-Scope)
No assessment of the specific prospects of success of an application based on hardship grounds («You have a reasonable prospect of success»).
No assessment as to which items of evidence are sufficient in individual cases.
No assistance with the application process — formal representation before the authorities requires a lawyer registered in the cantonal bar register.
No appeal against a negative decision.
First points of contact for persons without a legal status
Region
Contact point
Languages
Note
Geneva
Centre de contact Suisses-Immigrés (CCSI), Centre Social Protestant (CSP) Geneva
FR, ES, PT, EN
Advice for undocumented migrants
Vaud
CSP Vaud, FIZ Vaud, SOS-Asyl
FR, EN, PT, ES
Advice for undocumented migrants
Zurich
Sans-Papiers Anlaufstelle (SPAZ), SAH Zurich
DE, EN, ES, PT, IT
Advice for undocumented migrants
Bern
Berner Beratungsstelle für Sans-Papiers
DE, FR, ES, PT, IT
Advice for undocumented migrants
Basel
Telephone numbers and opening hours are detailed in the respective cantonal files (ca_*.md) and are verified quarterly.
Data compartment (see ADR-015)
Search queries and usage signals relating to this file are recorded in a separate audit compartment that is not linked to the marketing funnel or to marketing tools (Posthog/Plausible). A person searching for information on hardship cases should not be profiled as a result of this search, either commercially or by the authorities. Detailed specifications can be found in ADR-015 (Asylum Data Compartment).
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"
Last updated: 18.05.2026 — Initial AI draft. Due to the particular sensitivity of this content, publication is only permitted after (a) review by the lead lawyer of record, (b) review by a representative of an NGO (CCSI, SAH, or equivalent), and (c) implementation of ADR-015 (data compartment).
As of: 01.06.2026 · Snapshot
Reflects the cited law as of the snapshot — not a check of current force.
