prove their links to Ukraine through documentation.90
38. Under ‘Protection Status S’, persons fleeing Ukraine may exercise many rights in
Switzerland.91 The persons who meet the criteria stated above receive an ‘S permit’. This
is limited to a maximum of one year, but can be extended. After five years, persons in
need of protection may receive a ‘B residence permit’, which is valid until the temporary
protection is lifted (Art. 74 AsylA). Persons who are granted ‘Protection Status S’ may
travel abroad and return to Switzerland without a travel permit. They may engage in
gainful employment (including self-employment) without having to wait a certain
period.
39. If third-country nationals, who recently fled Ukraine and who do not fall under the
abovementioned categories, apply for protection in Switzerland, normally an asylum
procedure will be carried out. However, for stateless persons, it is crucial that they
receive legal assistance and that they are ensured access to the stateless determination
procedure. Identification and recognition as stateless will entitle them to more rights in
Switzerland.
90
ENS, ‘Briefing: Stateless people and people at risk of statelessness forcibly displaced from Ukraine’, (March 2022), available
at: https://www.statelessness.eu/updates/publications/stateless-people-and-people-risk-statelessness-forcibly-displacedukraine; ENS, ‘Briefing: Update on access to protection for stateless refugees from Ukraine’, (April 2022), available at:
https://www.statelessness.eu/updates/publications/update-access-protection-stateless-refugees-ukraine.
91 Questions and answers on the Ukraine Crisis, see SEM: https://www.sem.admin.ch/sem/en/home/sem/aktuell/ukrainekrieg.html.
13