Poverty through no fault of your own should not jeopardize your right of residence
Published: Thursday, Nov 21st 2024, 17:00
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Anyone who falls into poverty through no fault of their own and has to receive social assistance should no longer lose their right of residence in Switzerland. The responsible committee of the National Council is proposing amendments to the Foreign Nationals Act.
The National Council's Political Institutions Committee (APK-N) submitted its draft bill for consultation by 13 votes to 12, as announced by the parliamentary services on Thursday. Interested parties have until March 14, 2025 to submit their comments.
Specifically, it is to be determined when the residence or settlement permit of foreign nationals who have to go to the social welfare office through no fault of their own will no longer be revoked. This does not depend on a minimum period of residence in Switzerland, but on whether the poverty is self-inflicted.
The majority wants to stipulate that it is mandatory to check whether the dependency on social assistance was caused by the person's own fault. It must also be clarified whether the person concerned has sufficiently exhausted their potential to work or other ways of avoiding neediness.
The majority of the SPK-N want to make the case law of the Federal Supreme Court into law. Opponents criticize that the amendment to the law is unnecessary because it merely reflects the case law in the AIG and only affects a few cases.
The proposal was initiated by National Councillor Samira Marti (SP/BL). Foreign nationals who have lived in Switzerland for ten years or more and are receiving social welfare through no fault of their own should no longer have to jeopardize their residence permit.
In Marti's words, "through no fault of one's own" is the receipt of social welfare in the event of job loss, accident, illness or separation from a spouse. Anyone who "willfully" draws social assistance or makes no effort to change their situation should be exempt from the required regulation.
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