Switzerland may grant temporary protection to persons in need of protection as long as they are exposed to a serious general danger, in particular during a war or civil war as well as in situations of general violence.

1 - The Federal Council shall decide whether and according to which criteria Switzerland will grant temporary protection to groups of persons in need of protection in accordance with Article 4.

2 - Before doing so, it shall consult representatives of the cantons, the charitable organisations and if need be additional non-governmental organisations as well as the Office of the United Nations High Commissioner for Refugees.

1 - The granting of temporary protection as well as measures and assistance in the native country or country of origin or in the region of origin of the persons in need of protection should complement one another as far as possible.

2 - The Confederation shall work with the native country or country of origin, other host countries and international organisations to create the conditions for the safe return of the persons in need of protection.

1 - SEM shall define the group of persons in need of protection in detail and decide who will be granted temporary protection in Switzerland. In doing so, it shall take account of the principle of family unity.

2 - The decision on granting temporary protection may only contested on the grounds that it violates the principle of family unity.

1 - Articles 18 and 19 and 21–23 apply mutatis mutandis to applications filed at the border or in Switzerland by persons in need of protection.

2 - If there is no obvious persecution in terms of Article 3, SEM shall, following questioning at the federal centre in accordance with Article 26, determine who belongs to a group of persons in need of protection and who will be granted temporary protection in Switzerland. There is no appeal against the decision on whether to grant temporary protection.

3 - If a person is granted temporary protection, the procedure for any application for recognition as a refugee shall be suspended.

4 - If SEM intends to refuse temporary protection, it shall continue the procedure for recognition as a refugee or the removal proceedings immediately.

Persons in need of protection who have filed an application for recognition as a refugee may request the resumption of the procedure for recognition as a refugee at the earliest five years following the decision to suspend the procedure in accordance with Article 69 paragraph 3. On the resumption of this procedure, temporary protection shall be revoked.

1 - Spouses of persons in need of protection and their minor children shall be granted temporary protection if:

a. they apply for protection together and there are no grounds for rejection in terms of Article 73;

b. the family was separated by events such as those cited in Article 4, wishes to be reunited in Switzerland and there are no special circumstances that preclude this.

If, during the procedure to grant temporary protection, SEM has reason to believe that there are grounds under Article 105 number 5 or 6 CC174 for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The request for reunification shall be suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.

2 - Children born in Switzerland to persons in need of protection shall also be granted temporary protection.

3 - If the persons entitled to protection are abroad, their entry must be authorised.

4 - The Federal Council shall regulate the requirements for family reunion in Switzerland in other cases.

In addition, the provisions of Sections 1, 2a and 3 of Chapter 2 apply mutatis mutandis to the procedure in accordance with Articles 68, 69 and 71. The provisions of Chapter 8 apply mutatis mutandis to the procedures laid down in Articles 69 and 71.

Temporary protection shall not be granted if the person in need of protection:

a. has committed an act falling within the terms of Article 53;

b. has violated or is a serious threat to public security; or

c. is subject to a legally enforceable expulsion order under Article 66a or 66a SCC or Article 49a or 49a MCC.

1 - Persons in need of protection shall reside in the canton to which they have been allocated.

2 - If the federal council has not yet revoked temporary protection within five years, the persons in need of protection shall receive from this canton a residence permit limited until the revocation of temporary protection.

3 - Ten years after the granting of temporary protection, the canton may grant persons in need of protection a permanent residence permit.

1 - For the first three months after entry into Switzerland, persons in need of protection may not be gainfully employed. Thereafter, the requirements for authorising gainful employment are governed by the FNIA.

2 - The Federal Council may stipulate more favourable conditions for gainful employment.

3 - Work permits already issued shall remain valid.

4 - Persons in need of protection who are entitled to be gainfully employed in accordance with provisions laid down by the immigration authorities or who participate in occupational programmes are not subject to the ban on employment.

1 - After consultation with representatives of the cantons, the charitable organisations and, if required, other non-governmental organisations, the Office of the United High Commissioner for Refugees as well as with international organisations, the Federal Council shall determine when the temporary protection for certain groups of persons in need of protection will be withdrawn; it shall make the decision in a general ruling.

2 - SEM shall grant the persons affected by the decision in accordance with paragraph 1 the right to a hearing.

3 - If as a result of the hearing, indications of persecution are revealed, an interview shall be held in accordance with Article 29.

4 - If, having been granted the right to a hearing, the person concerned does not provide an opinion, SEM shall issue a removal order. For the enforcement of the removal order, Articles 10 paragraph 4 and 46–48 of this Act as well as Article 71 of the FNIA apply mutatis mutandis.

5 - The provisions of Section 1a. of Chapter 8 apply mutatis mutandis to paragraphs 2–4.

The Confederation shall support international efforts to organise the return of persons in need of protection.

1 - SEM may revoke temporary protection if:

a. it has been fraudulently obtained by providing false information or by concealing essential facts;

b. the person in need of protection has violated or endangered Switzerland’s internal or external security or is guilty of serious misconduct;

c. since being granted temporary protection, the person in need of protection has resided repeatedly or for an extended period of time in their native country or country of origin;

d. the person in need of protection has a legal right of residence in a third country where they may return.

2 - Temporary protection shall not be revoked if the person in need of protection travels to their native country or country of origin with the consent of the competent authorities.

3 - The revocation of temporary protection does not extend to the spouse and the children, unless it is shown they are not in need of protection.

4 - If it is intended to revoke temporary protection, an interview shall normally be held in accordance with Articles 29. The provisions of section 1a. of Chapter 8 apply mutatis mutandis.

Temporary protection expires if the person in need of protection:

a. has transferred the focus of their living conditions abroad;

b. has renounced temporary protection;

c. has received a permanent residence permit in accordance with the FNIA; or

d. is made subject to a legally enforceable expulsion order under Article 66a or 66a SCC or Article 49a or 49a MCC.