Legal Definition of Humanitarian Visa

A humanitarian visa is a type of visa intended to protect individuals whose life or physical integrity is directly, seriously, and concretely threatened in their home country. It allows these individuals to find refuge in another country, such as Switzerland, for a temporary period. The duration of the humanitarian visa can vary depending on the country: for example, U.S. citizens can obtain a humanitarian visa for a period of 3 years, while those from the EU and Japan can benefit from a period of 5 years.

To obtain a humanitarian visa, you must be a person whose life or physical integrity is directly threatened in your home country. This type of visa is intended to offer temporary protection to those facing particular distress situations requiring the intervention of Swiss authorities. The application must be submitted in person at a Swiss representation (embassy or consulate), where you will need to provide documentary evidence of your situation.

If your humanitarian visa application is rejected, you have the option to file an appeal with the State Secretariat for Migration (SEM). If the appeal is also rejected, you can then submit a complaint to the Swiss Federal Administrative Court. It is advisable to consult with a specialized lawyer for guidance, as the procedures are strictly regulated and the acceptance criteria are rigorous.

Conditions and criteria to fulfill for obtaining a humanitarian visa

• Direct threat to life or physical integrity : The person must face a direct, serious, and concrete threat in their home country or country of origin.
• Individual and manifest threat : The threat must be specifically directed against the person concerned, not solely based on their membership in a potentially threatened group.
• Specific distress situation : The person must be in an extreme distress situation where intervention by Swiss authorities is necessary.
• Close connection with Switzerland : The person must be able to demonstrate significant ties to Switzerland, such as family members residing in Switzerland or other social or economic connections.
• Integration prospects : There must be realistic prospects for integration in Switzerland, including language skills, suitable professional qualifications, or employment opportunities.
• Inability to seek protection elsewhere : The person must prove that they cannot obtain adequate protection in another country.

Etymology of Humanitarian Visa

The term “humanitarian visa” originates from the Latin “visa” meaning “things seen,” and the Latin “humanitas” which denotes “humanity” and “kindness.” In this sense, a humanitarian visa refers to an official document issued to a person threatened in their home country, allowing them to seek refuge in another country.