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Old 06.12.2015, 22:22
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Thread Split: Asylum permit denied - questions

It has been two years in swiss that my refugee case got negative, some people say that the case can be reopend after five years and i have the chances to get a permit for the residence, if someone has an information about the negative descision kindly share. Thank you.
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Old 06.12.2015, 23:29
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Re: How should the EU handle the Migrant Crisis from now?

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It has been two years in swiss that my refugee case got negative, some people say that the case can be reopend after five years and i have the chances to get a permit for the residence, if someone has an information about the negative descision kindly share. Thank you.

First thing first, do you have a valid Ausweis N?


Quote:
Swiss Asylum Law, section 4: Status of Asylum Seekers during the Procedure

Art. 42 AsylG: Stay during the asylum procedure
Any person who applies for asylum in Switzerland may stay in Switzerland until the conclusion of the procedure.

Art. 14 Abs. 2 AsylG: The canton may with consent of the SEM grant a person for whom it is responsible in terms of this Act a residence permit if:

a. the person concerned has been a resident for a minimum of five years in Switzerland since filing the asylum application;
b. the place of stay of the person concerned has always been known by the authorities; and
c. in light of their advanced stage of integration, there is a case of serious personal hardship.
d. there are no grounds for revocation under Article 62 of the Foreign Nationals Act of 16 December 20054 (FNA).

You may stay in Switzerland until the conclusion of the procedure. In the event of a departure order without temporary admission, you will be given a deadline to leave the country. You may stay in Switzerland until this date.

If you have been in Switzerland for at least five years, you can apply for recognition as a hardship case under certain circumstances. If hardship recognition is granted, you will obtain a residence permit.

You will need to read the following information carefully:
https://www.refugeecouncil.ch/asylum...ship-case.html


Good luck!
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  #3  
Old 07.12.2015, 00:08
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Re: How should the EU handle the Migrant Crisis from now?

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You may stay in Switzerland until the conclusion of the procedure. In the event of a departure order without temporary admission, you will be given a deadline to leave the country. You may stay in Switzerland until this date.

If you have been in Switzerland for at least five years, you can apply for recognition as a hardship case under certain circumstances. If hardship recognition is granted, you will obtain a residence permit.

You will need to read the following information carefully:
https://www.refugeecouncil.ch/asylum...ship-case.html
...or just go over to Germany and try there
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Old 07.12.2015, 07:30
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Re: How should the EU handle the Migrant Crisis from now?

The procedure is finished, the application was refused 2 years ago so I don't know if that would apply or not.

https://www.sem.admin.ch/sem/en/home...entscheid.html

Most likely he/she is on an F permit.

https://www.sem.admin.ch/sem/en/home...orlaeufig.html
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Old 07.12.2015, 10:53
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Re: How should the EU handle the Migrant Crisis from now?

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Most likely he/she is on an F permit.

https://www.sem.admin.ch/sem/en/home...orlaeufig.html
Then hopefully he or she has good chances to get a normal residence permit after this one, provided he has a job and has "integrated" (speaks the local language etc).
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Old 07.12.2015, 12:54
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Re: How should the EU handle the Migrant Crisis from now?

Thank you for the information, i have a ausweis N which is out of date since june 2015, the gemeinde doenst renew the ausweis. Negative people are not allowed to go to a language school, work, or anything.
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Old 07.12.2015, 13:16
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Re: How should the EU handle the Migrant Crisis from now?

Did you appeal the refusal to grant asylum? If not have you been given a date when you must leave the country? You will not meet the hardship criteria from the sounds of it.

Is your permit in the process of being renewed?

Under certain circumstances N permit holders are allowed to work.

https://www.sem.admin.ch/sem/en/home...lsuchende.html

However, that will not happen unless you have a valid permit which currently you don't as it's expired.
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Old 07.12.2015, 18:06
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Re: How should the EU handle the Migrant Crisis from now?

Apparently Germany is in a good position to host more asylum seekers than initially estimated or planned ... Some would think that honourable chancellor lost her mind but she knows what's doing

Germany has registered 964,574 new asylum-seekers in the first 11 months of the year, putting it on course for more than a million in 2015.

Migrant crisis: Germany heads for 1m asylum-seekers in 2015
http://www.bbc.co.uk/news/world-europe-35027951
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Old 07.12.2015, 20:08
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...or just go over to Germany and try there
Thank you for the information, i will think about going to germany.

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The procedure is finished, the application was refused 2 years ago so I don't know if that would apply or not.

https://www.sem.admin.ch/sem/en/home...entscheid.html

Most likely he/she is on an F permit.

https://www.sem.admin.ch/sem/en/home...orlaeufig.html
I have an N ausweis which is out of date since june, thank you.

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Then hopefully he or she has good chances to get a normal residence permit after this one, provided he has a job and has "integrated" (speaks the local language etc).
I am interested in learning german and swiss german, but the gemeinde doenst provide german class for us since we got negative, the personal hardship procedure valids until 5 year and the duration is long, what is the best way for us in this option, kindly enlighten us with your knowledge on this. 🙏

Last edited by 3Wishes; 08.12.2015 at 16:56. Reason: merging consecutive replies
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Old 08.12.2015, 01:04
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Re: How should the EU handle the Migrant Crisis from now?

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I am interested in learning german and swiss german, but the gemeinde doenst provide german class for us since we got negative, the personal hardship procedure valids until 5 year and the duration is long, what is the best way for us in this option, kindly enlighten us with your knowledge on this. ��
Look for a job with whatever qualifications you posses, like everybody else? Perhaps a potential employer will assist you in the process of obtaining a work and residence permit.
Btw, as for German classes - there are a lot of people who volunteer and offer them for free.
Anyway, I am afraid you have to think like a real (potential) immigrant from this point, look for options yourself, expect no official guidance. Good luck.
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Old 08.12.2015, 03:01
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Re: How should the EU handle the Migrant Crisis from now?

Thanks
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Old 08.12.2015, 07:34
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Re: How should the EU handle the Migrant Crisis from now?

Without a valid N permit you will not be allowed to work here. I ask again have you been ordered to leave the country? Did you appeal the decision?

Unless you're highly qualified/experienced it's extremely unlikely that any employer will try and get a permit for you.

And going to Germany will not help either as you've already applied for asylum here and been refused. Under the Dublin agreement Germany will not look at another application from you as Switzerland is the country responsible.
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Old 08.12.2015, 09:46
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Re: How should the EU handle the Migrant Crisis from now?

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And going to Germany will not help either as you've already applied for asylum here and been refused. Under the Dublin agreement Germany will not look at another application from you as Switzerland is the country responsible.
Right now the Dublin agreement doesn't seem to be worth the paper its printed on. If Germany had stuck to the actual terms of the agreement they wouldn't be in the situation they are now in.
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Old 08.12.2015, 10:15
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Re: How should the EU handle the Migrant Crisis from now?

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Right now the Dublin agreement doesn't seem to be worth the paper its printed on. If Germany had stuck to the actual terms of the agreement they wouldn't be in the situation they are now in.
Technically speaking the agreement is in force but I agree with you. What I find hard to understand is this person has been supported for years by the state i.e. the taxes of the citzens of this country - told that his/her request for asylum has been turned down and still insists upon receiving help from the state and refusing to return to his/her home country.
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Old 08.12.2015, 10:23
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Without a valid N permit you will not be allowed to work here. I ask again have you been ordered to leave the country? Did you appeal the decision?

Unless you're highly qualified/experienced it's extremely unlikely that any employer will try and get a permit for you.

And going to Germany will not help either as you've already applied for asylum here and been refused. Under the Dublin agreement Germany will not look at another application from you as Switzerland is the country responsible.
Yes, I have been ordered to leave the country and i have appealed again and got the same answer as before. (Negative) the situation at my country is worst and they wouldnt send me back.

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Technically speaking the agreement is in force but I agree with you. What I find hard to understand is this person has been supported for years by the state i.e. the taxes of the citzens of this country - told that his/her request for asylum has been turned down and still insists upon receiving help from the state and refusing to return to his/her home country.
I was born refugee and this was not i chosed to be, the feeling is hard, I came to swiss for the protection, i didn realised this would happen, i am ready to go back to my home country and since there is a risk on my life there swiss govt wouldnt take the chance to send me back as per their law, the lawyer told me that.

Last edited by 3Wishes; 08.12.2015 at 16:57. Reason: merging consecutive replies; try the multi-quote button (to the right of Quote). ;)
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Old 08.12.2015, 10:33
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Re: How should the EU handle the Migrant Crisis from now?

Chemey, I don't think this is really the thread to be seeking help for your situation. How about you start another one and that way you may get more assistance. Perhaps a mod can oblige.
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Old 08.12.2015, 10:35
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Re: How should the EU handle the Migrant Crisis from now?

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I was born refugee and this was not i chosed to be, the feeling is hard, I came to swiss for the protection, i didn realised this would happen, i am ready to go back to my home country and since there is a risk on my life there swiss govt wouldnt take the chance to send me back as per their law, the lawyer told me that.
How many safe countries did you pass through to get to Switzerland ? Why did you not apply for asylum there ?
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Old 08.12.2015, 16:58
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Re: How should the EU handle the Migrant Crisis from now?

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Chemey, I don't think this is really the thread to be seeking help for your situation. How about you start another one and that way you may get more assistance. Perhaps a mod can oblige.
Thanks, Loz. Thread split and moved to a different section.
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Old 08.12.2015, 17:26
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Re: Thread Split: Asylum permit denied - questions

Then you need to apply for an F permit.

https://www.sem.admin.ch/sem/en/home...orlaeufig.html
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Old 08.12.2015, 17:37
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Re: Thread Split: Asylum permit denied - questions

Indeed asylum seekers which have their application refused but are from Eritrea, Syria and some other countries usually get an F permit, which will allow you to work (although finding a job with this permit is difficult) and after 5 years you can get a B permit theoretically, although some stay with F permit for many years.
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