UNIA -- Nobody Can Be Illegal

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Sans-Papiers – You have rights!

Unia_SansPapier_en 5.3.2007 17:08 Uhr Seite 1



This publication is available in German, French, Spanish,Portuguese, Serbo-Croatian, Albanian, Turkish and English.

2007 – Produced by the Trade Union Unia and the InformationCentre for Sans-Papiers of German-speaking Switzerland.




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).

Do you reside and

work in Switzerland withouta residence permit?




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

1. Legalisation

of your residencePersons 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 statusare reduced almost strictly to cases of hard-

ship («Härtefall») or marriage.




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’shealth. In addition, they cope with the stress of residing illegally as well as being far from thehomeland. All of these factors may seriouslyimpact your physical and mental health. Some

warning signals that you should pay attention to and take seriously are back-aches, badmoods 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, severalCantons 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 thatwhen 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 companyfor a salary or wage, even if the agreementis verbal, it counts as a valid employmentcontract.

An employment contract guarantees you

minimal working conditions:I Right to a salary following local and professional

guidelines.

I Right to paid vacation (generally four weeks

per year).

I 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.

I 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.

I Continuation of payment during sickness for a

limited time.

I 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. Thisallows 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 completeor 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 unionwithout 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 personsliving 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 childrenimpartial to their residence status (including

Sans-Papiers children). This applies for thecompulsory nine years of schooling. It isalso possible for Sans-Papiers children toattend 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 locallanguage. This is of great advantage forliving in Switzerland. You can more easilyparticipate 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 accommodation without a valid residence permit. Sans- Papiers often are stuck with smalloverpriced 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 depositpayment.




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 arebreaking the law by your mere presence in

Switzerland. Working without a permit is afurther 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 96hours of your detention. Deportation detention,

plus a possible custody enforcement, may last

a maximum of 24 months.




Police stop-and-search operationsand your rights

I The Police are authorized to stop you andcheck your personal details.

I 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.

I You will subsequently be put through inter-

rogation and questioning. The interrogator

must treat you respectably and may not

threaten or assault you.

I Demand a translator for the interrogation.Don’t answer or sign anything unless you

completely understand.

I 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.

I 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.

I The police may only search one’s home if

they have a search warrant.

I 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.

I 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

ZürichInformation 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

[email protected]

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/meditrinaFIZ Information Centre for Women from Africa, Asia, South

America and Eastern Europe Badenerstrasse 134, 8004 Zürich

T +41 1 240 44 22, [email protected]

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, [email protected]

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, [email protected]

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 15T +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 InformationCentre for Sans-Papiers in Basel; supported by the Democratic Lawyers of Switzerland, the Gertrud Kurz Foundation and HEKS.


Documents

UNIA -- Nobody Can Be Illegal