Switzerland may deny Ukrainians S status: court clarifies temporary protection rules

Switzerland has clarified the rules for granting temporary protection to Ukrainians who previously had status in EU or EFTA countries. Find out in which cases an application for S status may be rejected and what this means for Ukrainian refugees

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Switzerland has clarified its approach to granting temporary protection to Ukrainians. The Federal Administrative Court (FAC) has confirmed that persons who have previously enjoyed valid protection in EU or EFTA countries may be denied temporary protection in Switzerland on the basis of the principle of subsidiarity. This is stated in a press release from the Swiss Federal Administrative Court.

What does the principle of subsidiarity mean for Ukrainians?

The essence of the decision is that if a Ukrainian citizen has already enjoyed temporary protection in one of the EU or EFTA countries, Switzerland may refuse to grant S status, even if the person submits a new application on its territory.

At the same time, the Swiss authorities are not obliged to wait for official agreements on readmission with the country where the person previously received protection. The mere fact of alternative protection in another country may be sufficient grounds for refusal.

Precedent case: details of the court decision

The decision was the result of a specific case. A Ukrainian citizen received temporary protection in Italy in March 2022 (so-called Status S) until March 2023. After returning to Ukraine, she entered Switzerland in 2025, where her relatives already lived. The State Secretariat for Migration (SEM) rejected her request for temporary protection. The Federal Administrative Court confirmed the legality of this decision.

The court specifically emphasized that even if the permit's validity in an EU country had expired, this did not negate the existence of an alternative protection mechanism. For example, Italy could theoretically reissue the status. The court also noted that such decisions are final and cannot be appealed to the Swiss Federal Supreme Court.

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What this means for other Ukrainians

From now on, Ukrainians should take into account several important points:

● If you have taken advantage of temporary protection in an EU or EFTA country, Switzerland may refuse to grant you new status.

● The expiration of a permit in another country does not guarantee automatic protection in Switzerland.

● The court does not oblige Swiss authorities to wait for confirmation from the country of previous residence. Decisions on this issue are final.

Thus, the very fact of previous protection in the EU or EFTA may be a key argument for refusal.

It should be noted that Switzerland has already restricted the automatic granting of S status to new applicants, depending on the region of Ukraine from which they arrived. These changes came into force on November 1, 2025. At the same time, for current S status holders, temporary protection will continue to apply until March 4, 2027.

The new court ruling demonstrates that Switzerland's migration policy is becoming more structured and focused on the principle of alternative protection. For Ukrainians planning to move or change their country of residence in Europe, this means that they need to carefully analyze their previous status.

If you have already received temporary protection in another EU or EFTA country and are considering moving to Switzerland, it is advisable to consult with specialists in advance. The Visit Ukraine platform offers the services of migration lawyers who can help you assess your individual risks, prepare documents, and explain the prospects for obtaining or changing your residence status.

We remind you! Switzerland has extended temporary protection for Ukrainians until 2027, but has changed the conditions for granting it. Read about who has retained S status, which regions are considered safe for return, and how to avoid being denied an extension of protection.

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