Procedure for filing a “Request for temporary admission” for Tibetan Sans-Papiers in Switzerland according to the Federal Act on Foreign Nationals (FNA, Art. 83ff).
Shenpen, 8. Februar 2017 – Version 1.0
In this document, we would like to inform you about the necessary steps for filing a “Request for temporary admission” (in German: Gesuch um vorläufige Aufnahme). In case you do not understand this text properly, please ask for help.
Ways to legalizing the residence status
There are three possibilities to legalize an illegal stay in Switzerland:
- Request for temporary admission due to impracticability of deportation
- Hardship request (after 5 years of stay in Switzerland)
- Marriage (with a person who has a legal status in Switzerland)
à attention: a wedding will not give you an independent residence status; it is linked to the marriage. As soon as the marriage will be divorced, the residence permit will expire.
Background information
This document describes the preparatory steps for filing a “Request for temporary admission” as a result of impracticability of deportation (in German: Gesuch um vorläufige Aufnahme wegen Unmöglichkeit der Weg- und Ausweisung).[1] Similar preparations will be necessary for a “Hardship request” (in German: Härtefallgesuch), but additionally a minimum stay of five years in Switzerland (since immigration) is required. The “Request for temporary admission” can be filed earlier.
You received a negative decision from SEM (state secretary of migration), i. e. your request for asylum was rejected. This means that you are obliged to leave Switzerland.[2] SEM requested you to take an active part in obtaining travel documents for your return. IMPORTANT: Your negative notification from SEM states that a deportation to the People’s Republic of China is excluded. The SEM suspects you to be from India or Nepal and that is why you are supposed to get into contact with the embassies of those countries. You ask the embassy for information on how to apply for travel documents, as you are obliged to leave Switzerland. You are doing so, because SEM states in their negative decision that you originate from one of those countries. If the embassies do not issue travel documents, this could be a reason for impracticability of deportation. [3]
Procedure
You would like to file a request for temporary admission. In order to do so, you have to submit evidence that show that you have been seriously trying to obtain travel documents in order to leave Switzerland. In the case of Tibetan Sans-Papiers, this often means that you have to get into contact with the Indian and the Nepalese embassy.
If something is unclear to you or if you have doubts, please seek for advice from experienced people.
These attempts are to be well documented with copies of the letters, receipts of the registered letters with/without return receipt, protocols and photos. Each single person has to proceed in the described way. It will take some time; you have to compile evidence over a period of at least several months. It is IMPORTANT that you prove your attempts in a convincing way.
First contact
- The address of the embassies are found in appendix 1. Write a letter to the Indian and a letter to the Nepalese embassy according to the template in appendix 2 and 3. The letter can/should be personalized to your situation.
- Please note:
- Fill in all personal information (name, address, date and place of birth) correctly.
- Sign the letter.
- Make a copy and keep it safe.
- Write on the envelope: „Falls refüsiert oder nicht abgeholt, als taxpflichtige B-Post zurücksenden“.
- Send the letter as registered letters with/without return receipt[4] (with return receipt 11.60 Fr. / without return receipt 6.30 Fr.). If you cannot afford to send the letter with Rückschein, send it only with Einschreiben.
- Keep all receipts from the Post office and return receipts safe.
Further contacts
It is to be expected that the embassies will not answer to your letters.
- Call to the embassies three weeks after sending the letter. You may say the following: “I am a Tibetan refugee in Switzerland. Some weeks ago I sent you a letter in which I requested to be informed about the procedure to obtain travel documents. So far, I have not received any answer from you, that is why I would like to ask if my request is in process.” If the embassy has refused the reception of your letter, mention this fact! It is likely that you will not get precise answers.
- Note the following information in a protocol:
- Date and time of the phone conversation
- The phone number you dialed
- Name of the dialogue partner
- Your questions
- The answers of the dialogue partner
- Any further information you got
- If possible, make the call in the presence of another person who can witness that you made the call. Write down his name in the protocol.
- Write down the date, place and your name at the end. Sign the protocol.
- Keep it safe, like the copy of the letters, for your records.
- Call again few days later. Follow step 4.
- Some weeks later you may write a second letter in which you refer to your first letter and your phone call(s) and ask, what the embassy has done so far (see appendix 4 for Indian embassy, similar to the Nepalese embassy)
- Follow again step 1 and 2. Adapt the letter according to your previous attempts.
- Follow again step, 3, step 4, and step 5.
- Repeat the again step 1 to 5.
- If possible, you should visit to the embassy in Berne and/or Geneva.
- In case you have received a containment order (in German: Eingrenzungsverfügung), request a permit for the trip to Berne and/or Geneva. Keep a copy of the request and of the reply from the migration office safe with the other documents.
- Once there, take a photo of yourself in front of the embassy. If possible, go together with a witness and ask, whether your request is being processed.
- Make again a protocol of your visit following the procedure in step 4.
Once you have attempted to get into contact 8 to 10 times and documented them (over a period of several months) – IMPORTANT: any attempts to obtain documents from Tibet are also helpful and should be documented – go to one of the following consultancy services. You find a checklist in appendix 5. Your documents will be checked and a request will be composed to the cantonal Migration office: [5]
- Shenpen, Binzstrasse 15. 8045 Zürich
http://www.tibetanyouth.org/de/aktivitaten/bildung/shenpen/
Alternatively, you may ask other organizations who are specialized in the areas of migration, asylum law and Sans-Papiers. For example:
- Sans-Papiers Beratungsstellen in Aarau/Solothurn, Basel, Bern, Biel, Fribourg, Genf, Wallis, Vaud/La Côte, Vaud/Lausanne, Luzern, Tessin und Zürich
- Zürich: Freiplatzaktion
- Zürcher Beratungsstelle für Asylsuchende
http://dloehrer.wixsite.com/zbasyl/english-information)
- Heks und Caritas Rechtsberatungsstellen
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More issues to consider You will increase your chance to be temporarily admitted, if – You speak German well (A2 or B1 level, if possible with telc certificate) – You did not commit any criminal act (except the offence against the federal act on foreign nationals due to illegal stay) – You can finance your living by yourself (this can hardly be accomplished, because you are not allowed to work) – You can provide reference letters (friends, acquaintances or teachers confirm that you are seeking integration or that you have well integrated) – You have documents showing all your efforts for integration (German classes attended, social work, other activities) – You have already been imprisoned in order to be expelled, but the deportation could not be carried out
This suggested procedure does not guarantee that you will be temporarily admitted (F paper).
When getting into contact with the cantonal migration office, you will present yourself actively to that authority. Consequences like imprisonment or prosecution due to illegal stay are possible. The cantonal migration office could invite you to an interview in order to explain your attempts with the embassies.
You are responsible for the decision to contact the Indian and Nepalese embassies. You have to bear possible consequences.
This document was put together to the best of our knowledge and belief. It might miss further information due to comprehensibility.
Version 1.0
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Glossary of important terms used in this document
| English | German |
| cantonal Migration office | kantonales Migrationsamt |
| Containment order | Eingrenzungsverfügung |
| deportation | Weg-/Ausweisung |
| Federal act of foreign nationals | Ausländergesetz |
| Hardship request | Härtefallgesuch |
| impracticability of deportation | Unmöglichkeit der Weg-/Ausweisung |
| residence status | Aufenthaltsstatus |
| request for temporary admission | Gesuch um vorläufige Aufnahme |
| SEM / State Secretariat for Migration | Staatssekretariat für Migration |
| registered letter | eingeschriebener Brief |
| return receipt | Rückschein |
Appendix 1: Addresses of the embassies
Indische Botschaft
Kirchenfeldstrasse 28
3005 Bern
Tel.: 031 350 11 30
E-mail: hoc.berne@mea.gov.in
Website: http://www.indembassybern.ch
Botschaft Nepal in Genf
Rue de la Servette 81
1202 Genève
Tel.: 022 733 26 00
E-mail: mission.nepal@bluewin.ch
Website : http://www.nepalmissiongeneva.org/
Appendix 2: Template for the first letter to the Indian embassy
____________________
____________________
____________________
Einschreiben
Indische Botschaft
Kirchenfeldstrasse 28
3005 Bern
_Place__and_date________
Application for a Residential Certificate (RC) and an Identity Certificate (IC)
Dear Sir/Madam
My name is __________________________, born on ______________________ in ______________________, Tibet/China, and I am writing to you because I have been asked by the Swiss authorities for the procurement of documents to leave Switzerland after having been denied asylum. The Swiss authorities have stated in their final negative decision on asylum that they think that I lived “probably” outside of Tibet, namely in India, prior to my escape from Tibet. The Swiss authorities set a deadline for leaving the country which has already expired. My status in Switzerland is illegal now.
I never stated that I am from India during the asylum investigation procedure and also do not have any document to support such a claim. However, the Swiss authorities do not believe me. They now want me to obtain identification and travel documents from India in order to enable my deportation out of Switzerland. Therefore, I ask you kindly for assistance in this legal matter. Is there any possibility for me – who has not lived in India – to apply for the Residential Certificate and the Identity Certificate? I would greatly appreciate your help in this matter.
The migration office of Kanton _________________ has been assigned by the State Secretariat for Migration to execute my deportation. Could I ask you kindly to get in contact with the migration office of Kanton __________________?
If you need further information please let me know so I can provide them to you. Many thanks for the prompt reply.
Yours sincerely,
____Signature______________
First and family name
Appendix 3: Template for the first letter to the Nepalese embassy
____________________
____________________
____________________
Mission of the Federal
Democratic Republic of Nepal
Rue de la Servette 81
1202 Genève
_Place__and_date________
Application for official documents such as identification card or passport
Dear Sir/Madam
My name is __________________________, born on ______________________ in ______________________, Tibet/China, and I am writing to you because I have been asked by the Swiss authorities for the procurement of documents to leave Switzerland after having been denied asylum. The Swiss authorities have stated in their final negative decision on asylum that they think that I lived “probably” outside of Tibet, namely in Nepal, prior to my escape from Tibet. The Swiss authorities set a deadline for leaving the country which has already expired. My status in Switzerland is illegal now.
I never stated that I am from Nepal during the asylum investigation procedure and also do not have any document to support such a claim. However, the Swiss authorities do not believe me. They now want me to obtain identification and travel documents from Nepal in order to enable my deportation out of Switzerland. Therefore, I ask you kindly for assistance in this legal matter. Is there any possibility for me – who has not lived in Nepal – to apply for identification or travel documents? I would greatly appreciate your help in this matter.
The migration office of Kanton _________________ has been assigned by the State Secretariat for Migration to execute my deportation. Could I ask you kindly to get in contact with the migration office of Kanton __________________?
If you need further information please let me know so I can provide them to you. Many thanks for the prompt reply.
Yours sincerely,
____Signature______________
First and family name
Appendix 4: Template for the second letter to the Indian embassy
____________________
____________________
____________________
Einschreiben
Indische Botschaft
Kirchenfeldstrasse 28
3005 Bern
_Place__and_date________
Application for a Residential Certificate (RC) and an Identity Certificate (IC)
Dear Sir/Madam
My name is _____________________, born on __________________ in ______________________, Tibet/China, and I am writing to you because I have been asked by the Swiss authorities for the procurement of documents to leave Switzerland after having been denied asylum. I never stated that I am from India during the asylum investigation procedure and also do not have any document to support such a claim. However, the Swiss authorities do not believe me. They now want me to obtain identification and travel documents from India in order to enable my deportation out of Switzerland. Therefore, I ask you kindly for assistance in this legal matter.
Since I did not receive any written reply from your side upon my first request letter from ______________________, I called you on ________________ and on _________________to receive some information. I spoke to ___________ and she/he stated on the phone that __________________________. It is of utmost importance for me to prove that I tried to apply for RC or IC. Could you please send me information regarding the requirements for applying for RC and IC? I would greatly appreciate your help in this matter.
The migration office of Kanton ________________ has been assigned by the State Secretariat for Migration to execute my deportation. Could I ask you kindly to get in contact with the migration office of Kanton ________________?
If you need further information please let me know so I can provide them to you. Many thanks for the prompt reply.
Yours sincerely,
____Signature______________
First and family name
Appendix 5 : Checklist for submission of documents for the request of temporary admission
⎕ Copies of the letters sent to the Indian and Nepalese embassies
⎕ Post receipts of the registered letters and return receipts
⎕ Protocols of the phone callls
⎕ Protocols of the visits of the embassies
For people with containment order:
⎕ Copy of the request to visit the embassy
⎕ Copy of the disapproval letter from the migration office
⎕ Documents showing your attemps for integration
⎕ Copies and protocol showing that you tried to get documents from Tibet
⎕ possibly copy of the Strafbefehl due to illegal stay (and entry)
⎕ possibly copy of the stay in prison (punishment) due to illagal stay (and entry)
⎕ possibly documentation that you were in prison, ready for deportation
⎕ possibly language certificates
⎕ possibly reference letters from e.g. language teacher, voluntary work, etc.
[1] Art. 83 Abs. 2 AuG
[2] Art. 65 AsylG i.V.m. Art. 64 ff AuG
[3] Art. 83 Abs. 2 AuG
[4] The embassies may refuse the reception of the letter which then counts as not delivered.
[5] Art. 83 Abs. 6 AuG