Sans-Papiers: These are your rights!

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Are you living or working in Switzerland without a residence permit?

Approximately 150,000 people live in Switzerland without a valid residence permit. Most "Sans-Papiers" or "illegal immigrants" are workers without regular residence status, mainly working as cleaners, in private households, on construction sites, in restaurants and hotels, in transport or in agriculture.

Regardless of whether you entered Switzerland without a visa or a valid residence permit or whether you outstayed your expired residence permit: You still have basic rights. Human rights are not linked to residence status. They apply for everyone.

This page contains useful information for everyday life and informs you about your rights. Counselling centres for Sans-Papiers in the canton where you live can also be of help. They can confidentially explain all aspects of your situation to you. These bodies are independent and subject to professional secrecy. It is never too early or too late to get informed. You can find useful addresses here.

You can also find more information at the Unia trade union. Generally: Your documents and personal belongings belong to you. No person or agency has the authority to confiscate them. It is important that you are able to

substantiate your claims, so make sure to keep all evidence: text messages, letters, contracts, diaries, etc.

Further information which you may find useful, can be found in, for example, the Dossier «My Rights at the Workplace» (in German) or from your regional Unia office.

Topic Overview:

1. Regularisation of residence

People from outside the EU have hardly any opportunities to obtain a residence permit for Switzerland. As Sans-Papiers, the only way for them to regularise their status is to obtain a hardship permit or to marry/register a partnership.

  • Hardship permit
  • Family reunification
  • Statelessness

2. Health

Sans-Papiers often live under difficult conditions. Their work is often exhausting and harmful to their health. Added to this is the stress of living without a regular residence status. This can have a negative impact on your health. 

The Health Guide of the Swiss Red Cross (SRC), Caritas and the Federal Office of Public Health (FOPH) provides further information (available from the counselling centres or at www.migesplus.ch).

  • Right to healthcare
  • Right to health insurance
  • Right to accident insurance
  • Reproductive rights (contraception, abortion, etc.) and prevention of sexually transmitted infections (HIV/Aids, other STIs)

3. Work

If you agree with a person that you will work for them and they promise you a wage in return, this is considered a contract of employment. Even if it is just a verbal agreement. An employment contract does not allow you to regularise your situation, but it guarantees you minimum working conditions.

  • Rights at work
  • Social security

4. Education and training

Sans-Papiers children have special rights and opportunities. They can go to school and often receive further support. If you have a child or are a minor yourself, find out about the school situation in your canton from an advice centre.

  • Childcare and kindergarten
  • Compulsory school
  • Non-compulsory school
  • Vocational training
  • Support for families

5. Language courses and social activities

  • Language courses and social activities

6. Living

  • Living

7. Police and judiciary

In the eyes of the authorities, Sans-Papiers are breaking the law by their mere presence in Switzerland. Working without a permit is an additional violation of the law. However, the police and the judiciary must inform you of your rights and respect them.

Police and judiciary

  • Police checks and your rights

8. Support in emergencies

  • Support in emergencies

9. Discrimination

  • Discrimination

10. The risk of being reported to the migration authorities

  • The risk of being reported to the migration authorities

Unia demands

We demand collective regularisation

For years, Sans-Papiers in Switzerland have been fighting together with support groups for collective regularisation. A number of successes have been achieved: Thousands of residence permits and the right to health insurance for all. In regions where the Sans-Papiers are well organised, new paths can open up. For example, the "Opération Papyrus" campaign in Geneva led to the regularisation of the residence status of over 2,800 Sans-Papiers in 2017 and 2018. Geneva criteria for regularisation:

  • Duration of stay of five years for families with school-age children – the requirement of a stay of five years refers to one family member.
  • Residence period of ten years for individuals, childless couples or couples with children not yet of school age
  • Good "integration"; confirmation of language level A2 must at least be in progress
  • No criminal convictions, no repeated convictions for irregular residence and unauthorised work and no successive bans on entering Switzerland
  • Complete financial independence and freedom from debt
  • Currently working

A good reason, then, to get involved in the various Sans-Papiers collectives in support of the Sans-Papiers in your region!

Tip: As a working Sans-Papier you can join a union without risk. Every day, trade unions fight for a just society based on solidarity. Because it represents the interests of all its members regardless of their legal situation, a trade union can advise and support you, for example in court proceedings.

Useful Addresses

This page was developed by the Unia Trade Union in cooperation with the contact points for Sans-Papiers.