Foreign Nationals and Integration Act

Last updated
Foreign Nationals and Integration Act (FNIA)
Federal Assembly of Switzerland
  • Federal Act on Foreign Nationals and Integration (SR 142.20)
Territorial extent Switzerland
Enacted by Federal Assembly of Switzerland
Enacted16 December 2005
Commenced1 January 2008
Repeals
Federal Act on the Residence and Settlement of Foreigners (1934)
Status: Current legislation

The Federal Act on Foreign Nationals and Integration (FNIA), [a] previously known as Foreign Nationals Act (FNA) until 1 January 2019, [1] is a Swiss federal law that regulates the immigration, residence and integration of foreign nationals in Switzerland. It was adopted on 16 December 2005 by the Federal Assembly and came into force on 1 January 2008. It replaces the Federal Act on the Residence and Settlement of Foreigners from 1934. [2]

Contents

The primary objectives of the FNIA are to provide a clear legal framework for the admission, residence, and integration of foreign nationals in Switzerland. The law establishes the rights and obligations of foreign nationals, defines the requirements for obtaining visas and residence permits, and sets out the conditions under which foreigners may stay in Switzerland.

The FNIA also aims to promote the social, cultural, and economic integration of foreign nationals into Swiss society. To this end, the law requires foreign nationals to demonstrate a certain level of knowledge of the Swiss language, [3] culture, and values before obtaining long-term residency permits. The FNIA also encourages the participation of foreign nationals in the labor market and supports measures to combat discrimination and promote diversity in Swiss society.

History

The FNIA was first introduced in 2002 as a draft law by the Federal Council in response to growing public concerns about immigration and integration in Switzerland. [4] The law aimed to unify existing federal and cantonal regulations on foreign nationals and promote a more coordinated approach to integration. After several revisions and consultations, the Swiss Federal Assembly adopted the FNIA on September 16, 2005, and it came into force on January 1, 2008.

The FNIA is administered by the State Secretariat for Migration (SEM), which is part of the Federal Department of Justice and Police. The SEM is responsible for issuing visas, residence permits and work permits for foreign nationals, as well as enforcing the law and coordinating with cantonal authorities.

Key Provisions

The FNIA covers a wide range of issues related to the admission, residence, and integration of foreign nationals in Switzerland. Some of the key provisions of the FNIA include:

The FNIA is supplemented by several ordinances issued by the Federal Council or the SEM, which provide more detailed rules on various aspects of the law.

Criticism

The FNIA has been subject to criticism and controversy since its introduction. Some[ who? ] argue that the law promotes a strict and exclusive approach to integration that undermines the rights of foreign nationals and perpetuates discrimination. Others[ who? ] criticize the law's focus on language and culture as overly prescriptive and argue that it fails to address the structural barriers to integration that exist in Swiss society. [4]

See also

Related Research Articles

<span class="mw-page-title-main">Green card</span> Lawful permanent residency in the United States

A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.

Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident.

<span class="mw-page-title-main">Swiss nationality law</span>

Swiss citizenship is the status of being a citizen of Switzerland and it can be obtained by birth or naturalisation.

A work permit or work visa is the permission to take a job within a foreign country. The foreign country where someone seeks to obtain a work permit for is also known as the "country of work", as opposed to the "country of origin" where someone holds citizenship or nationality.

<span class="mw-page-title-main">Swiss Federal Institute of Intellectual Property</span> Facility in Bern, Switzerland

The Swiss Federal Institute of Intellectual Property (IPI), based in Bern, is an agency of the federal administration of Switzerland responsible for patents, trademarks, geographical indications, industrial designs and copyright.

The largest immigrant groups in Switzerland are those from Germany, Italy, France, the former Yugoslavia, Albania, Portugal and Turkey, including Turks and Kurds. Between them, these six groups account for about 1.5 million people, 60% of the Swiss population with immigrant background, or close to 20% of total Swiss population.

The Asylum Act (AsylA) is a Swiss federal law that governs the country's procedures for granting asylum to refugees. It was adopted on 26 June 1998 by the Federal Assembly and came into force on 1 October 1999. It replaces the previous and first Asylum Act from 1981.

<span class="mw-page-title-main">State Secretariat for Migration (Switzerland)</span> Swiss federal office

The State Secretariat for Migration (SEM) (German: Staatsekretariat für Migrationen SEM, French: Secrétariat d'État aux migrations, Italian: Segreteria di Stato per le migrazioni) is a Swiss federal authority. As of 2023, it is headed by Federal Councillor Élisabeth Baume-Schneider.

The Intelligence Service Act (IntelSA) (German: Nachrichtendienstgesetz, NDG, French: Loi fédérale sur le renseignement, LRens, Italian: Legge federale sulle attività informative, LAIn), is a Swiss federal law that defines the powers and scope of the Federal Intelligence Service (FIS), the country's intelligence agency. It was adopted on 25 September 2015 by the Federal Assembly and came into force on 1 September 2017. It replaces the Federal Act on Civilian Intelligence from 2008.

The Disability Discrimination Act (DDA) (German: Behindertengleichstellungsgesetz, BehiG, French: Loi sur l’égalité pour les handicapés, LHand, Italian: Legge sui disabili, LDis), is a Swiss federal law that prohibits discrimination against people with disabilities. It also establishes the Federal Bureau for the Equality of Persons with Disabilities.

The Archiving Act (ArchA) (German: Archivierungsgesetz, BGA, French: Loi fédérale sur l’archivage, LAr, Italian: Legge sull’archiviazione, LAr), is a Swiss federal law that governs the management, preservation, and accessibility of public Swiss federal archives. It was adopted on 26 June 1998 by the Federal Assembly and came into force on 1 October 1999.

The Publications Act (PublA) (German: Publikationsgesetz, PublG, French: Loi sur les publications officielles, LPubl, Italian: Legge sulle pubblicazioni ufficiali, LPubb), is a Swiss federal law that governs the publication of the compilations of federal law (Official Compilation and Systematic Compilation) and of the Federal Gazette. It was adopted on 18 June 2004 by the Federal Assembly and came into force on 1 January.

The Parliament Act (ParlA), is a Swiss federal law that clarifies the provisions of the Swiss constitution on the rights, duties, tasks, organization and procedure of the Federal Assembly, as well as the division of power between the Federal Assembly, the Federal Council, and the Federal courts. It was adopted on 13 December 2002 by the Federal Assembly and came into force on 1 December 2003. It replaces the Parliamentary Procedures Act from 1962.

The Public Procurement Act (PPA) (German: Bundesgesetz über das öffentliche Beschaffungswesen, BöB, French: Loi fédérale sur les marchés publics, LMP, Italian: Legge federale sugli appalti pubblici, LAPub), is a Swiss federal law that governs the awarding of public contracts by Swiss federal authorities, representing a total market of 80-100 billion CHF per year. It transposes the WTO's Agreement on Government Procurement (GPA) into Swiss law. It was adopted on 21 June 2019 by the Federal Assembly and came into force on 1 January 2021. It is a complete revision of the previous law of 1994.

The Political Rights Act (PRA) (German: Bundesgesetz über die politischen Rechte, BPR, French: Loi fédérale sur les droits politiques, LDP, Italian: Legge federale sui diritti politici, LDP), is a Swiss federal law that regulates the exercise of political rights (votations and elections) in Switzerland. The law was adopted on 17 December 1976 by the Federal Assembly and came into force on 1 July 1978.

The Host State Act (HSA) (German: Gaststaatgesetz, GSG, French: Loi sur l’État hôte, LEH, Italian: Legge sullo Stato ospite, LSO), is a Swiss federal law that governs the granting of privileges, immunities and financial support to foreign representations, as well as to international organizations and conferences that it hosts on its territory.

Asylum law in Switzerland is the responsibility of the Swiss Confederation, while the cantons are responsible for implementing the decisions of the State Secretariat for Migration (SEM).

Switzerland's asylum residence permits are varied and grant very different rights. Any foreigner staying in Switzerland for more than three months must have a residence permit. On arrival in Switzerland, an asylum procedure can be opened by a simple request at an airport or border crossing. Since March 1, 2019, asylum procedures have been carried out in six areas of the country. A Federal Center for Asylum Seekers (CFA), responsible for procedural tasks, is located in each of them.

The federal popular initiative "For the Expulsion of Criminal Foreigners," also known as the "expulsion initiative," is a Swiss popular initiative that was approved on November 28, 2010.

The immigration policy of Switzerland consists of the laws, regulations, and administrative procedures that govern the entry and residence of foreign nationals in the Swiss Confederation. Shaped by Switzerland’s unique geopolitical position—surrounded by European Union (EU) member states but not itself a member—the country’s immigration policies have evolved through direct democracy mechanisms, bilateral agreements with the EU, and domestic political debates over the social and economic impacts of migration. Despite not being an EU member, Switzerland is a Schengen member.

References

Notes
  1. ↑ German: Ausländer- und Integrationsgesetz (AIG), French: Loi fédérale sur les étrangers et l’intégration (LEI), Italian: Legge federale sugli stranieri e la loro integrazione (LStrI) [5]
Citations
  1. ↑ "New Law: Foreign Nationals And Integration Act - General Immigration - Switzerland". www.mondaq.com. Retrieved 2023-03-26.
  2. ↑ "Chronologie" (in French). Retrieved 2023-03-26.
  3. ↑ "Swiss immigration". KPMG. 2022-07-05. Retrieved 2023-03-26.
  4. 1 2 "La nouvelle loi sur les étrangers veut consacrer le principe de l'immigration utile". Le Temps (in French). 2002-03-09. ISSN   1423-3967 . Retrieved 2023-03-26.
  5. "Fedlex". www.fedlex.admin.ch. Retrieved 2023-03-26.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.