Switzerland has clarified its approach to providing temporary protection to Ukrainians. The Federal Administrative Court confirmed that individuals who already had valid protection in EU countries or the European Free Trade Association may be denied S status based on the principle of subsidiarity. This is stated in the press release of the Federal Administrative Court of Switzerland.
This refers to situations where a Ukrainian citizen has already utilized the mechanism of temporary protection in one of the EU or EFTA countries and subsequently submits a new application in Switzerland.
Temporary protection in Switzerland may not be granted due to previous status
The court noted that the mere fact of receiving alternative protection in another state may be a sufficient reason for denial. In this case, Swiss authorities are not obliged to wait for official agreements on repatriation with the previous country of residence.
A precedent was set in the case of a Ukrainian woman who received temporary protection in Italy in March 2022 and subsequently applied in Switzerland in 2025. The State Secretariat for Migration denied her application, and the Federal Administrative Court upheld the legality of this decision.
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S status is not guaranteed even after the permit expires in the EU
The court emphasized that the expiration of a permit in another country does not automatically grant the right to new protection in Switzerland. The theoretical possibility of renewing status in the previous country is also taken into account.
Ukrainians should consider the following circumstances:
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availability of temporary protection in EU or EFTA countries
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expiration of the permit does not guarantee a new status
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decisions of the Federal Administrative Court are final
Let us remind that from November 1, 2025, Switzerland has already limited the automatic granting of S status depending on the region of arrival. At the same time, for current holders of the status temporary protection is valid until March 4, 2027.