The Future of Ukrainians With S Status in Switzerland: Key Reform Points

Although the war in Ukraine still has no clear end in sight, the Swiss authorities are now actively discussing how the S protection status may end in the future, and what will happen to people who have already been living in Switzerland for many years.

This article explains why these changes have become important, how the legal process of moving from S status to a B permit works, and what procedures apply if the protection status is cancelled.

 

1. Why the situation has changed

When Ukrainians first arrived in large numbers, Switzerland worked in “emergency mode”:
– it handled an extremely high number of applications,
– used simplified procedures,
– and granted protection to everyone who arrived.

Now, the number of new applications is lower, but the situations of applicants have become more complicated. There are more cases where people:
• had already spent time in Switzerland before, or
• arrived from another EU country (“secondary migration”).

Therefore, the authorities are moving to a more detailed, case-by-case review in order to prevent possible misuse. This requires more time and additional staff, which naturally increases the number of cases still awaiting a decision.

2. Legislative changes (2025–2026)

Expected changes by the end of 2025:

● Instead of a work permit, people will only need to submit a start of employment notification (from 1 December 2025).
● People with S status may be required to attend integration or professional training programmes.

Changes planned in the law (not before the end of 2026):
● The right to change canton if a person has a confirmed job.
● Social services will be required to inform the employment offices (ORP) about people with S status who are ready to enter the job market.

3. Plan for the possible end of S status

The Federal Council has requested an initial plan to prepare for the moment when S status may eventually be lifted.

The initial proposal — ending the status in 2024–2025 — is no longer relevant.

A different scenario is now being considered:

“Late cancellation” — a situation where the integration of Ukrainians has already progressed quite far, while the willingness to return voluntarily has decreased.

The plan takes the following elements into account:

Procedures

– counselling, notifications and deadlines for departure;

– rules for forced return;

– coordination between SEM, the cantons and the cities.

Return

– priority is given to voluntary return;

– special support programmes for Ukraine;

– rules for exceptional cases.

Financing

Cities and cantons believe that the current emergency funding system is not enough. They are calling for a new financial solution for the period between the end of S status and the actual return.

4. Key rule: what happens after 5 years of residence

After 5 years of continuous residence with S status (for the first group of Ukrainians, this will be from March 2027), an important rule comes into effect:

! The canton may issue a B residence permit — but this permit is valid only until the day the S status is officially ended.

It is important to highlight:

1. This is not a permanent B permit.

2. It automatically expires as soon as the S status is officially cancelled.

Because of this, several legal questions remain open:
• Will people be able to travel?

• What rules will apply to changing jobs?

• Which rights will be the same as those of a standard B permit, and which will be different?

In 2027, for the first time, approximately 48,000 Ukrainians will reach the 5-year threshold.

The system may become overloaded. Cantons and SEM are already looking for solutions to prevent confusion and differences in how cantons handle these cases.

5. A major step after 2027: “cas de rigueur”

After five years in Switzerland, every person with S status has the right to apply for a B permit under the “case of serious hardship” rule (cas de rigueur / Härtefälle / casi di rigore), according to:

• Art. 14 para. 2 LAsi

• the criteria in Art. 31 OASA

A cas de rigueur (Härtefälle / casi di rigore) is a legal mechanism that allows someone to receive a B residence permit even if, formally, they do not have the usual right to stay in Switzerland.

It works as an exception to standard rules. The state can grant it to people who are well integrated, have lived in Switzerland for many years, and for whom returning to their home country would be exceptionally difficult.

It is a humanitarian exception and decisions are made individually — each situation is examined in detail.

Requirements:

• More than 5 years of residence in Switzerland

• The authorities must be officially aware of your entire stay

• A high level of integration

• No reasons for expulsion (Art. 62 LEI)

6. What does a “high level of integration” mean?

Article 31 OASA lists several points that the authorities check in each case:

• language skills

• participation in community life

• financial independence, or clear chances of reaching it

• no criminal offences

• good behaviour

• family stability and the social integration of children

• long-term residence in the same canton
  
  

This is not an automatic process. Every application is reviewed individually.

Conclusion

Switzerland is moving from the emergency system introduced in 2022 toward a more long-term approach to the stay of Ukrainians.
The S status is not ending yet, but the government is already preparing for changes.

The five-year threshold in 2027 will be an important turning point: thousands of Ukrainians may apply for a B permit — either a temporary one or through the “cas de rigueur” procedure.

At the same time, all three levels of government — the Confederation, the cantons, and the cities/communes — agree that broad, systematic changes are needed in how S status fits into the overall migration and asylum system.

Clear and unified rules must be created, taking into account:

• the legal situation of people with S status

• their rights and responsibilities (especially freedom of movement, access to work and social support)

• integration processes

• cooperation between all levels of government

• the possibility of returning to Ukraine in the future

• how funding is organised between the start and the end of S status
  
  

All three levels of government agree that Switzerland needs a clear, transparent, and consistent nationwide model that will define:

• how S status is cancelled or replaced

• which procedures apply in these situations

• how funding is coordinated between the canton, the cities/communes, and the Confederation

• what happens after five years of residence, when transitioning to a B permit comes into question

• how to support the integration of people who have already built their lives in Switzerland
  
  

It is important to underline that the Confederation, the cantons, and the cities — all three levels of government — have already supported and approved a common political mandate in this direction.
This means that the reform of S status, its integration into the general asylum system, and the clear regulation of the transition to a B permit is not simply expert advice, but an official political goal that the authorities have committed themselves to implement.