Country Update 2026: SWITZERLAND

Contributed by: Laure Baumann (Lenz & Staehelin)

May 2026

1. Legislative Changes

Implementation of the EU Pact on Migration and Asylum

A central development during the reporting period is the implementation of elements of the EU Pact on Migration and Asylum within the Swiss legal order.

As an associated State to the Schengen and Dublin systems, Switzerland is required to adopt legislative developments relating thereto. In this context, the Federal Council adopted its message on 21 March 2025, proposing amendments to federal legislation in order to transpose the relevant components of the Pact, in particular within the Asylum Act (AsylA) and the Foreign Nationals and Integration Act (FNIA). The Parliament adopted the corresponding legislative amendments on 26 September 2025. These amendments were subject to the optional referendum procedure, with the deadline expiring on 15 January 2026.

The implementation is structured in phases. A first set of implementing ordinances is expected to enter into force in June 2026, in parallel with the start of application of the Pact at EU level (12 June 2026). A second phase, focusing notably on the Eurodac reform, is planned for December 2026.

2. Business Immigration

Stability of non-EU/AELE quotas

Labour migration policy has remained largely unchanged. On 19 November 2025, the Federal Council confirmed that quotas for nationals of non-EU/EFTA countries would remain unchanged for 2026, maintaining the annual ceiling of 8,500 permits for skilled workers, divided between 4,000 short-term permits (permit L) and 4,500 residence permits (permit B).

UK nationals continue to benefit from a separate post-Brexit quota regime in 2026, with 1,400 permit L and 2,100 permit B authorisations, which remain largely underused.

As immigration from EU/EFTA countries is governed by the Agreement on the Free Movement of Persons (AFMP) and is therefore not subject to comparable numerical restrictions, the quota system remains the Federal Council’s principal instrument for managing admissions from outside the EU/EFTA in light of economic needs and labour market capacity at cantonal level. This maintains a differentiated framework, according to nationality and permit category.

Full integration of Croatian nationals

Within the framework of the Agreement on the Free Movement of Persons (AFMP), Croatian nationals were fully integrated into the regime as of January 2026, following the non-activation of the safeguard clause. This resulted in the lifting of quota restrictions applicable to Croatian workers.

Restriction of access to residence permit

A significant development concerns the amendment of the Ordinance on the Free Movement of Persons, adopted on 26 November 2025 and entering into force on 1 January 2026.

The reform clarifies that EU/EFTA nationals holding employment contracts of less than one year, particularly in the context of temporary agency work, are to be granted short-term permits (permit L) rather than residence permits (permit B). While formally aligned with the logic of the Agreement on the Free Movement of Persons (AFMP), this measure has substantial practical consequences, as the permit B confers greater stability of residence and access to a wider set of rights, including family reunification and certain social benefits.

The reform therefore contributes to a stricter differentiation between stable and precarious forms of employment and may lead to increased precariousness of certain categories of workers.

The Federal Council explicitly indicated that this measure forms part of the accompanying measures to the popular initiative “No Switzerland of 10 million inhabitants”, highlighting its broader political objective of limiting access to long-term residence rights.

Facilitation of labour market access for status S beneficiaries

By contrast, the Federal Council adopted a more liberal approach with respect to persons benefiting from protection status S (a temporary protection status granted to persons fleeing Ukraine). By decision of 22 October 2025, entering into force on 1 December 2025, the requirement for a work authorisation was replaced by a notification procedure.

This reform significantly reduces administrative barriers and reflects a policy orientation towards promoting rapid labour market integration and reducing dependency on social assistance.

3. Family based immigration

No mayor issues in this area.

4. Asylum

Extension and differentiation of protection status S

On 8 October 2025, the Federal Council decided to extend protection status S for Ukrainian nationals until 4 March 2027, while introducing a more differentiated approach to the access to this status.

From 1 November 2025, applications are no longer assessed on the basis of a uniform presumption covering the whole of Ukraine. Return is now considered reasonable to seven western regions regarded as sufficiently safe, namely Volyn, Rivne, Lviv, Ternopil, Zakarpattia, Ivano-Frankivsk and Chernivtsi. As a result, new applications from persons whose last place of residence was in one of these regions are no longer systematically granted protection status S.

Applicants to whom status S is refused may still seek protection through the ordinary asylum procedure where applicable.

Travel restrictions for asylum seekers

Further adjustments were made regarding travel abroad. The Federal Council introduced the principle that persons in the asylum system should not, in general, return to their country of origin, as it may undermine the credibility of their protection claim.

However, a specific exception was maintained for Ukrainian nationals benefiting from status S, who continue to benefit from a more flexible regime allowing limited travel. In particular, they may generally travel to Ukraine for 15 days within a half-year period. This illustrates the continued exceptional nature of the status S framework compared to ordinary asylum procedures.

5. Deportation

Figures on Controlled Departures for Early 2025

Switzerland recorded 3,444 controlled departures during the first half of 2025, a figure broadly stable compared with the same period in 2024. The departures included both voluntary returns and forced removals of individuals residing irregularly in the country.

Voluntary departures, as well as removals carried out under police escort, have slightly increased. At the same time, transfers under the Dublin system have decreased, mainly due to fewer requests being submitted to other European countries such as Croatia and Austria.

Particular attention was given to Afghanistan. Swiss migration authorities are intensifying preparations for the return of certain Afghan nationals, especially individuals subject to criminal expulsion orders.

Since April 2025, Switzerland has resumed deportations for certain rejected Afghan asylum seekers, considered non-vulnerable and benefiting from support networks in Afghanistan. The State Secretariat for Migration emphasized that each case continues to be assessed individually.

6. Citizenship

No major issues in this area.