UNIA - Nobody Can Be Illegal

Unia_SansPapier_en 5.3.
2007 17:08 Uhr Seite 1
Sans-Papiers –
You have rights!
Unia_SansPapier_en 5.3.2007 17:08 Uhr Seite 2
This publication is available in German, French, Spanish,

Portuguese, Serbo-Croatian, Albanian, Turkish and English.
2007 – Produced by the Trade Union Unia and the Information

Centre for Sans-Papiers of German-speaking Switzerland.
Do you reside and

work in Switzerland without
a residence permit?
If so, then you’re not alone! At least 100,000

people sharing a similar situation live in Switzer-
land. They are commonly referred to as «Sans-
Papiers» or «illegal immigrants.» Most of them
are workers without a regulated residence per-
mit. In reality, they clean, work as nannies, labor
on construction sites, take part in the restaurant
industry or work for farmers.
Even if you live in Switzerland without a resi-
dence permit, you have basic rights. Human
rights are not connected to a residence status –
they apply to all!
This brochure contains useful information for
everyday use and clarifies your basic rights. Addi-
tional assistance and information can be gained
from solidarity groups, trade unions and lawyers
(see addresses on back).
1. Legalisation
of your residence
Persons from outside Europe seldom have
the possibility to gain a residence permit in
Switzerland. As a Sans-Papiers, your possi-
bilities of receiving a legal residence status
are reduced almost strictly to cases of hard-
ship («Härtefall») or marriage.
Permit in a case of hardship (Härtefall)

The law states that migrants illegally residing in
Switzerland must leave the country immediately
except in cases of Acute Personal Hardship.
In cases regarding Acute Personal Hardship, per-
sons may submit an individual plea/application to
the authorities. Each application for a «Permit in a
Case of Hardship» is reviewed intensively. Criteria
such as length of stay in Switzerland, degree of
integration, education of children, health and oth-
ers are all taken into consideration.
The authorities assume that a Case of Hardship
generally does not exist when the persons’ stay in
Switzerland is less than four years. Only in cases
of a longer stay will the authorities seriously review

and consider your application. Today (2007), the
future of the individual case of Hardship Regula-
tion is rather uncertain.
The situation for former asylum seekers who went
into hiding is even more difficult: They have virtual-
ly no possibility for a new process or for an applica-
tion for a Case of Hardship.
Note! The authorities make decisions based on
their own discretion regarding applications for
Cases of Hardship.
Marriage
Every person has the right to marry. In reality how-
ever, this is not easy for Sans-Papiers due to an
absence of a residence permit. Several Cantons
allow you to marry on location. Some Cantons
however, demand that you return to your home
country, acquire a visa and legally re-enter Switzer-
land.
If a fictitious marriage is suspected, the registrar in
Switzerland may refuse to accomplish the mar-
riage ceremony.
Note! In cases of divorce within the first five years

of marriage, as of 2008 within the first three
years, you run the risk of losing your residence per-
mit.
Demand: Collective regulation

For years Sans-Papiers and support groups have
been fighting for collective regulation. Some
achievements have been made, such as the grant-
ing of over one thousand residence permits as
well as the right to acquire health insurance.
In regions where Sans- Papiers are well organized,
new doors may be opened. A large campaign in
Geneva lead to the Canton demanding 5000 resi-
dence permits from Berne for domestic/home
workers.
Engage yourself and help the cause with various
Sans-Papiers collectives and groups.
2. Health
Sans-Papiers live under difficult conditions.
Work is often strenuous and hard on one’s
health. In addition, they cope with the stress of
residing illegally as well as being far from the
homeland. All of these factors may seriously
impact your physical and mental health. Some
warning signals that you should pay attention
to and take seriously are back-aches, bad
moods and depression to name a few.
Don’t just live for others and the distant future.

Make time for activities and things that you like
to do. Join and participate in a group or hang
out with people to break away from isolation.
Right to receive medical care
Health is a human right, which applies to Sans-
Papiers as well. If you are sick or injured, you
are obliged to receive medical care even if you
are not insured.
Hospitals have social services open to you,
which may be of further assistance if you have
problems. Doctors and hospital personnel are
bound to secrecy. They may not share any of

your personal information with anyone nor
inform the police.
Right to obtain medical insurance

You have the to right to obtain medical and
accident insurance. Costs for medical treat-
ment, hospital stays, pregnancy and giving
birth will be covered by the health insurance
company. Dental care is not covered under a
standard health insurance policy.
Health insurance is not free however. You make
a monthly payment referred to as a «Prämie» or
premium. For those with low-income, several
Cantons offer a discount. This is referred to as
«Prämienverbilligung », and must be applied for
(your local information centre can assist you
with this matter).
The health insurance companies are also
bound to secrecy. However, we suggest that
when you open an insurance account and poli-
cy, you provide the address of a reliable third-
person.
Contraception/HIV–Aids
You may receive assistance from doctors, hos-
pitals and outreach centers for information
regarding contraceptives and abortion (see
addresses on back).
Condoms protect you from HIV/Aids while hav-
ing sex. They do not require a doctor’s prescrip-
tion and you may purchase them freely in any
pharmacy or department store.
3. Work/Employment
If you agree to work for a person or company
for a salary or wage, even if the agreement
is verbal, it counts as a valid employment
contract.
An employment contract guarantees you

minimal working conditions:
n Right to a salary following local and professional
guidelines.
n Right to paid vacation (generally four weeks
per year).
n Minors under fifteen years of age are not per-
mitted to work. Those under eighteen years of
age may not work nights or weekends. Minors
may not work more than nine hours a day. If you
are domestically employed, your employer is
obliged to provide you with an accommodation
that protects your private sphere. There is com-
pulsory education in Switzerland. Therefore, you
have the right to attend school for nine years,
even if you do not have a residence permit.
n A reasonable period of notice regarding layoffs/
redundancies. The employer must inform you an
adequate time in advance if he/she does not

wish to employ you any longer.
n Continuation of payment during sickness for a
limited time.
n AHV/IV (Social Security/Retirement Arrange-
ment and Disability Insurance) (see chapter on
social insurances)
Over and over again, Sans-Papiers receive no
wage or too low a wage. If a direct discussion with
your employer doesn’t bring any results, in some
Cantons you may bring forth a case to the labor
court. Stay informed!
You may grant someone power of attorney to bring
forth a case and represent you in court. This
allows you to bring forth a case even if you have
returned to your home country for up to five years.
Tip: When you present yourself to an employer for
the first time, ask them questions about the work:
How much will you earn? How many hours must
you work? What types of tasks must you complete
or not complete? Try to make your working hours
as clear as possible. This is especially important if
you live at your employers (domestic work).
Arrange with them what days you have off. Ask

them if you can have the above-mentioned agree-
ments on paper as a contract.
Tip: Record your working hours every day, this way
if there is a problem or dispute with your employer
you can prove and make clear to them what you
have completed and when.
Tip: As a Sans-Papiers you may join a trade union
without any risk. They can help and accompany
you with any legal matters as well as stand up for
better working conditions.
Social insurances
Social insurances are obligatory for all persons
living in Switzerland. The most important of them
are the Social Security/Retirement Arrangement
(AHV), Disability/ Invalidity Insurance (IV), Unem-
ployment Insurance (ALV), Accident Insurance
(UVG) and a Pension Fund (Pensionskasse).
Every employer is obliged to register their
employees with the various insurances.
These will not denounce Sans-Papiers to the
migration authorities.
When you are registered with the social insur-

ances, you will receive a grey AHV-card.
Your employer still employs you illegally, you are
however at least insured against accidents and
disability/invalidity. When you retire, you will
additionally receive a small pension (even in your
home country).
Note! Employers exist who make various deduc-
tions from your salary but don’t deposit them with
the insurance companies and institutions. The
fact that you’ve received an AHV-card doesn’t
guarantee that your employer makes payments.
Tip: Speak to your employer about the possibility
of registering you with the various social insur-
ances. Inform yourself in any case about what is
customary in practice and in your Canton of resi-
dence.
Tip: Before returning to your home country, defi-
nitely find out about the redemption modalities of
your social insurance payments.
4. Kindergarten and school

Public schools must educate all children
impartial to their residence status (including
Sans-Papiers children). This applies for the
compulsory nine years of schooling. It is
also possible for Sans-Papiers children to
attend kindergarten.
In some Cantons Sans-Papiers children may

continue their education past the compulsory
nine years. (Gymnasium for example). Taking
part in an apprenticeship however is not possi-
ble for Sans-Papiers youth.
Schools and teachers are not permitted to pass
on any information about children to the police.
Tip: Teachers are confidants and therefore
almost always show understanding for the diffi-
cult situation Sans-Papiers children have. Par-
take in parents’ evenings and other happen-
ings related to your child’s school. If you are
afraid, bring someone along.
5. Language courses
We recommend that you learn the local
language. This is of great advantage for
living in Switzerland. You can more easily
participate in everyday life and are able
to represent your interests. Contact infor-
mation centres and schools for appropri-
ate language courses.
6. Living/Accommodation
It may prove difficult to find an accommoda-
tion without a valid residence permit.
Sans- Papiers often are stuck with small
overpriced apartments.
Finding an apartment is the easiest when a

person residing legally here rents one for you.
By doing so this person makes him-/herself liable
to prosecution.
The landlord/lessor may not demand a price that
exceeds the customary local rate. Additionally, the
rent may not greatly exceed that of the previous
tenant/ leesee.
The landlord/lessor may not demand more than
three months rent as a deposit. If you pay your
rent and don’t cause any damages, you will be
returned your deposit when the accommodation is
handed over. Demand a receipt for your deposit
payment.
Tip: Ask if the landlord/lessor will provide you with

deposit/payment slips. Pay the rent under your
name at the post office. You will be handed back a
stamped receipt if you do so. Payment receipts are
the best evidence supporting that you have paid
your rent and that it was on time.
Tip: In case the landlord/lessor demands too high
a rent or refuses to pay back your deposit, speak
with someone at an advising centre so that they
may negotiate with him/her. If this does not bring
results, in some Cantons you have the possibility
to go before an arbitration board.
7. Police
From the view of the authorities, you are
breaking the law by your mere presence in
Switzerland. Working without a permit is a
further crime.
If the authorities find out about your residence

or stay in Switzerland, you will generally be
deported and banned from entering the coun-
try for 2–3 years. Additionally you can receive a
fine and/or jail time.
The migration authorities may order deporta-
tion detainment. If this is the case, you will
remain in detainment until the authorities can
arrange and regulate your deportation. The
legality of detaining you must be reviewed by a
judge and be considered legitimate within 96
hours of your detention. Deportation detention,
plus a possible custody enforcement, may last
a maximum of 24 months.
Police stop-and-search operations

and your rights
n The Police are authorized to stop you and
check your personal details.
n If you don’t have a residence permit you will
most likely be brought to the police station.
Demand from them when you are there
that you be given contact to a lawyer/attor-
ney or advising centre.
n You will subsequently be put through inter-
rogation and questioning. The interrogator
must treat you respectably and may not
threaten or assault you.
n Demand a translator for the interrogation.
Don’t answer or sign anything unless you
completely understand.
n You have the right to refuse to testify. You
do not have to provide any information
about your address, employer or friends.
You may simply answer: «Ich habe dazu
nichts zu sagen». (I have nothing to say to
that). Say nothing rather than lie. Lies are
generally identified and you lose your credi-

bility. Your personal details: family name,
first name, date of birth and home country
are the only information you have to pro-
vide to the authorities.
n During a basic control the police may not
perform a body and/or cavity search unless
they have probable cause. However, if you
are searched, demand for an officer of the
same sex.
n The police may only search one’s home if
they have a search warrant.
n Demand a receipt for any confiscated
belongings. Demand that your private
agenda, calendar, notes etc. be kept under
bond. Police officers will not be allowed to
look in them nor make copies. Only the
examining magistrate or judge has the
power to lift the bond.
n Notify the human rights organization
«Augenauf» regarding any instances of
brutality or violations of your rights.
Useful Addresses
Basel
Contact Point for Sans-Papiers Rebgasse 1 (1st floor),
4058 Basel, T +41 61 681 56 10, www.sans-papiers-basel.ch
Union of Workers Without a Legal Residence c/o Interprofession-
nelle Gewerkschaft der Arbeiter/-innen IGA, Oetlingerstrasse 74,
4057 Basel, T +41 61 681 92 91, ww.viavia.ch
Trade Union Unia Rebgasse 1, 4058 Basel, T +41 61 686 73 00
Universitätsfrauenklinik (University Womens’ hospital)
Social service (Karin Hänggi), Spitalstrasse 21, 4031 Basel
T +41 61 265 90 64
Augenauf Postfach, 4005 Basel, T +41 61 681 55 22,
www.augenauf.ch
Zürich
Information Center for Sans-Papiers (SPAZ)
Stauffacherstrasse 60, Postfach 1536, 8026 Zürich,
T +31 43 243 95 78, www.spaz.ch
Colectivo Sin Papeles Zurich Postfach, 8023 Zürich
colectivosinpapeleszurich@yahoo.es
Trade Union Unia Stauffacherstrasse 60, 8004 Zürich
T +41 44 296 18 18, www.unia.ch
Meditrina (Health centre) Anwandstrasse 7, 8004 Zürich,
T +41 44 291 92 33, www.msf/meditrina
FIZ Information Centre for Women from Africa, Asia, South
America and Eastern Europe Badenerstrasse 134, 8004 Zürich
T +41 1 240 44 22, www@fiz-info.ch
Augenauf Postfach, 8026 Zürich, T +41 44 241 11 77
www.augenauf.ch
Bern
Bernese Information Centre for Sans-Papiers
Schwarztorstrasse 124, 3007 Bern, T +41 31 385 18 27,
www.sans-papiers.contact.ch
Sans-Papiers-Kollektiv Bern Quartiergasse 17, 3013 Bern,
T +41 78 801 26 34, www.sans-papiers-bern.ch
Trade Union Unia Monbijoustrasse 61, 3001 Bern,
T +41 31 385 22 22, www.unia.ch
Mebif (Medical information centre for illegal female migrants)
Schwarztorstrasse 124, 3007 Bern, T +41 79 666 95 72, www.mebif.ch
Centre for family planning Effingerstrasse 102, Floor D,
3010 Bern, T +41 31 632 12 60, familienplanung.fkl@insel.ch
Augenauf Postfach 363, 3000 Bern 11, T +41 31 332 02 35,
www.augenauf.ch
VD
La Fraternité Place Arlaud 2, 1003 Lausanne,
T +41 21 213 03 53, www.csp.ch
Collective vaudois de soutien aux sans-papiers
Case postale 5758, 1002 Lausanne, T +41 76 448 62 67,
www.sans-papiers-vd.ch
Collectif de soutien et de défense des sans-papiers de la Côte
14, rue Mauverney, 1296 Gland, T +41 22 362 69 88,
www.interculturel.ch/sanspapiers.htm
Coordination Asile Vaud www.stoprenvoi.ch
Trade Union Unia Place de la Riponne 4, 1002 Lausanne,
T +41 21 310 66 00, www.unia.ch
GE
Collectif de soutien aux sans-papiers 25, rte des Acacias,
1227 Acacias, Genève, T +41 22 301 63 33,
www.sans-papiers.ch/geneve
Collectif des travailleuses et travailleurs sans statut légal
(CTSSL) c/o Centre de contact suisses – immigrés (CCSI),
25, rte des Acacias, 1227 Acacias, Genève,
T +41 22 301 63 33, +41 78 756 57 87
Unité mobile de soins communautaires HUG 4, Rue Hugo-de-
Senger, 1205 Genève, T +41 22 382 53 11, +41 79 447 36 57
Trade Union Unia 5, chemin Surinam, 1211 Genève,
T +41 22 949 12 00, www.unia.ch
FR
Centre de contact suisse-immigrés (CCSI) Bd. de Pérolles 91,
Case postale 218, 1705 Fribourg, T +41 26 424 21 25,
www.ccsi-sos-racisme.ch
Frisanté, Permanence médicale 12, rue François-Guillimann,
1700 Fribourg, T +41 26 341 03 30
Trade Union Unia Rue des Alpes 11, 1701 Fribourg,
T +41 26 347 31 31, www.unia.ch
VS
Centre de contact suisse-immigrés (CCSI) Avenue de
Mayenetts 27, 1950 Sion, T +41 27 323 12 16, csivs@bluewin.ch
TI
Movimento dei Senza Voce Via Paradiso 7B, 6500 Bellinzona,
T +41 91 825 05 63, +41 79 794 83 88, www.senzavoce.ch
Switzerland in general
Lawyers Democratic lawyers of Switzerland, www.djs-jds.ch
Sans-Papiers www.sans-papiers.ch
Central secretariat of Unia Weltpoststrasse 20, 3000 Bern 15
T +41 31 350 21 11, www.unia.ch
International
Politics and campaigns Platform for International Cooperation on
Undocumented Migrants (PICUM), www.picum.org
Adresses in Europe European Network against nationalism, racism,
fascism and in support of migrants and refugees,
www.united.non-profit.nl
This publication was created by the Trade Union Unia and the Information
Centre for Sans-Papiers in Basel; supported by the Democratic Lawyers of
Switzerland, the Gertrud Kurz Foundation and HEKS.

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Unia_SansPapier_en 5.3.

2007 17:08 Uhr Seite 1

This publication is available in German, French, Spanish,

2007 – Produced by the Trade Union Unia and the Information

Do you reside and

If so, then you’re not alone! At least 100,000

Permit in a case of hardship (Härtefall)

of a longer stay will the authorities seriously review

Note! In cases of divorce within the first five years

Demand: Collective regulation

Don’t just live for others and the distant future.

bound to secrecy. They may not share any of

Right to obtain medical insurance

An employment contract guarantees you

adequate time in advance if he/she does not

Arrange with them what days you have off. Ask

When you are registered with the social insur-

4. Kindergarten and school

In some Cantons Sans-Papiers children may

Finding an apartment is the easiest when a

Tip: Ask if the landlord/lessor will provide you with

If the authorities find out about your residence

Police stop-and-search operations

generally identified and you lose your credi-

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