The Federal Authorities
of the Swiss Confederation

Title 3 : Confederation, Cantons and Communes
Chapter 2: Powers
Section 9: Residence and Permanent Settlement of Foreign Nationals
< Art. 120 Non-human gene technology*
> Art. 121a Control of immigration*

Art. 121 Legislation on foreign nationals and asylum*1 2

1 The Confederation is responsible for legislation on entry to and exit from Switzerland, the residence and the permanent settlement of foreign nationals and on the granting of asylum.

2 Foreign nationals may be expelled from Switzerland if they pose a risk to the security of the country.

3 Irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in Switzerland if they:

a.
are convicted with legal binding effect of an offence of intentional homicide, rape or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burglary offence; or
b.
have improperly claimed social insurance or social assistance benefits.3

4 The legislature shall define the offences covered by paragraph 3 in more detail. It may add additional offences.4

5 Foreign nationals who lose their right of residence and all other legal rights to remain in Switzerland in accordance with paragraphs 3 and 4 must be deported from Switzerland by the competent authority and must be made subject to a ban on entry of from 5–15 years. In the event of reoffending, the ban on entry is for 20 years.5

6 Any person who fails to comply with the ban on entry or otherwise enters Switzerland illegally commits an offence. The legislature shall issue the relevant provisions.6


1* With transitional provision.
2 Adopted by the popular vote on 9 Feb. 2014, in force since 9 Feb. 2014 (Federal Decree of 27 Sept. 2013, Federal Council Decree of 13 May 2014 – AS 2014 1391; BBl 2011 6269, 2012 3869, 2013 291 7351, 2014 4117).
3 Adopted by the popular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (Federal Decree of 18 June 2010, Federal Council Decree of 17 March 2011 – AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).
4 Adopted by the popular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (Federal Decree of 18 June 2010, Federal Council Decree of 17 March 2011 – AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).
5 Adopted by the popular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (Federal Decree of 18 June 2010, Federal Council Decree of 17 March 2011 – AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).
6 Adopted by the popular vote on 28 Nov. 2010, in force since 28 Nov. 2010 (Federal Decree of 18 June 2010, Federal Council Decree of 17 March 2011 – AS 2011 1199; BBl 2008 1927, 2009 5097, 2010 4241, 2011 2771).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

For suggestions and communications, please contact the Official Publications Centre