Swiss Abroad Ordinance (SAO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Networking and Information
Art. 1 Networking
(Art. 9 para. 1 SAA) The representations shall maintain contacts with the institutions referred to in Article 38 paragraph 1 SAA (Swiss Abroad institutions), and with other associations in the fields of business, science, culture, society and other areas that have ties with the relevant local community of the Swiss abroad.
Art. 2 Information
(Art. 10 SAA) 1 The Confederation shall inform the Swiss Abroad in an appropriate manner about upcoming elections and referendums. For this purpose it shall in particular make use of the magazines and other media published by the Organisation for the Swiss Abroad and other Swiss Abroad institutions. 2 The Federal Department of Foreign Affairs (FDFA) shall provide a compilation on its website of the most important legislation affecting the Swiss Abroad. It shall also publish links to other websites containing relevant information, particularly on Swiss politics. 3 The representations shall regularly inform the Swiss Abroad and Swiss Abroad institutions in their consular district about issues affecting them.
Chapter 2 Register of the Swiss Abroad
Art. 3 Competent representation
(Art. 12 para. 2 SAA) 1 The competent representation is determined based on the consular district in which an individual has established domicile. 2 If an individual has not established domicile, their usual place of residence is the determining factor. 3 The consular districts are determined by the FDFA, subject to the approval of the receiving state.
Art. 4 Registration
(Art. 12 para. 1 SAA) 1 Persons who move abroad from Switzerland must register with their competent representation within 90 days from the announcement of departure to a foreign country. They must prove that they have given notice of departure to their last commune of residence in Switzerland. 2 In order to register, Swiss nationals living abroad must provide identification and proof of their Swiss citizenship. The FDFA designates which documents may be used for this purpose. 3 Persons with multiple nationalities must disclose their foreign nationalities when they register.
Art. 5 Registration ex officio
(Art. 11 para. 2 SAA) 1 If a representation provides urgent social assistance to an individual who is not entered in the Register of the Swiss Abroad, the representation shall enter the individual in the Register of the Swiss Abroad ex officio. 2 The competent representation shall then ask the individual entered on the Register to confirm the registration.
Art. 6 Notification of changes
(Art. 13 para. 1 SAA) 1 Any person who is entered in the Register of the Swiss Abroad must notify the competent representation of the following changes in particular: a. events, declarations and decisions that affect civil status; b. changes of address or contact details; c. the acquisition or loss of a foreign nationality. 2 The obligation to notify the competent representation of any foreign events, declarations or decisions affecting civil status (Article 39 of the Ordinance of 28 April 2004 on Civil Status) applies, irrespective of whether the person is entered in the Register of the Swiss Abroad.
Para. 2 — SR 211.112.2
Chapter 3 Political Rights
Section 1 Entry in and Removal from the Electoral
Art. 7 Registering to exercise political rights
(Art. 19 para. 1 first sentence SAA) 1 The Swiss Abroad who wish to exercise their political rights must register with the competent representation either in writing or in person. 2 … 3 When they register, the Swiss Abroad must state: a. their surname and first names; b. their date and place of birth; c. their sex; d. their home address; e. their last commune of domicile and, if different, their last political domicile in Switzerland; f. all communes and cantons of origin. 4 The representation shall forward the registration to the electoral commune.
Para. 2 — Repealed by No III of the FA of 25 Oct., with effect from 1 Dec. 2023 (AS 2023 636). Para. 4 — Amended by No III of the FA of 25 Oct. 2023, in force since 1 Dec. 2023 (AS 2023 636).
Art. 8 Electoral commune
(Art. 18 para. 1 and 2 SAA) 1 The most recent commune of residence in Switzerland is deemed to be the electoral commune. 2 In the case of Swiss Abroad who have never been domiciled in Switzerland, the commune of origin is deemed to be the electoral commune. If they have several communes of origin, they may select one as their electoral commune when they register. 3 If the cantonal law provides for a central electoral register in accordance with Article 20 paragraph 1 SAA, the body that manages the register performs the role of the electoral commune.
Art. 9 Entry in the electoral register
(Art. 19 para. 1 second sentence SAA) 1 Once the electoral commune receives the registration, it enters the Swiss national living abroad in its electoral register. 2 The electoral commune then confirms to the Swiss national living abroad that he or she has been entered in the electoral register. 3 If the electoral commune intends to reject the entry, it notifies the individual concerned and the competent representation stating the reasons for its decision.
Art. 10 Notification of change of residence
(Art. 13 para. 1 SAA) If Swiss Abroad change their place of residence, they must notify the competent representation in good time before the next vote.
Art. 11 Deletion from the electoral register
(Art. 19 para. 3 SAA) 1 The electoral communes shall delete Swiss Abroad from the electoral register if: a. they have been deleted from the Register of the Swiss Abroad (Art. 14 para. 1 SAA); b. they have been excluded from voting (Art. 17 SAA); c. they have renounced their political rights by declaration to the competent representation (Art. 19 para. 2 SAA); or d. the voting material was returned as undeliverable on three successive occasions. 2 Swiss Abroad who are eligible to vote and who have been deleted from the electoral register may contact their representation and make a substantiated request to be re-entered in the electoral register.
Section 2 Exercising Political Rights
Art. 12 Sending of voting material
(Art. 18 SAA) 1 The electoral commune or canton sends the official voting materials and the explanatory statements from the Federal Council directly to those eligible to vote at their address abroad. 2 Registrations to vote and notifications of a change of address are taken into account when voting materials are sent out, provided they are received by the electoral commune at least six weeks before the vote. 3 The electoral commune or canton sends out the voting materials at the earliest one week before the official dispatch in Switzerland. 4 No legal claims may be made on the basis of voting materials being received late by the voter living abroad or of ballot papers arriving late at the electoral commune despite being dispatched on time.
Art. 13 Voting at the ballot box
(Art. 18 para. 3 SAA) 1 Swiss Abroad who wish to cast their vote at the ballot box in person and collect their voting materials directly from the electoral commune should notify the electoral commune of this in writing or in person. 2 The electoral commune will withhold the voting materials provided it receives the notification at least six weeks before the vote.
Art. 14 Signing federal popular initiatives
(Art. 16 para. 1 SAA) 1 Swiss Abroad who sign federal requests for referendums or popular initiatives must state their electoral commune and canton on the signature list. 2 As their place of residence they should state the address abroad (including country and municipality) to which the voting materials were sent.
Section 3 Support Measures
(Art. 21 SAA)
Art. 15
1 The Confederation may support cantonal projects aimed at developing, procuring and assuring the quality of electronic systems designed to make it easier for Swiss nationals living abroad to exercise their political rights. 2 The funding paid to the cantons shall not exceed 40 per cent of the costs directly generated by the project. 3 Operating costs are not eligible for funding. The Federal Chancellery may set maximum rates for eligible staff costs and define eligible costs directly generated by the project in more detail. 4 Applications for funding should be addressed to the Federal Chancellery. They must contain all the information needed for evaluation, in particular: a. a description of the project, including statement of goals; b. an action plan and schedule; c. a budget and financing plan.
Chapter 4 Social Assistance
Section 1 General Provisions
Art. 16 Multiple nationalities
(Art. 25 SAA) 1 If a person with multiple nationalities apply for social assistance, the Consular Directorate (CD) at the FDFA first decides which nationality takes precedence. In doing so, it takes account of the following: a. the circumstances under which the person acquired the foreign nationalities; b. the country in which the person spent their childhood and where they attended school; c. how long the person has already stayed in the relevant receiving state; and d. the persons' link to Switzerland. 2 In cases of urgent social assistance, the Swiss nationality is deemed to take precedence.
Art. 17 Preventive measures
(Art. 23 SAA) 1 Preventive measures are deemed to be, in particular: a. providing information about particular health-related or other risks; b. measures to protect families and children; c. assistance in providing appropriate vocational training to young people; d. fostering educational, care or protective measures in collaboration with the competent authority in the receiving state; e. providing clothes, food and medicines; f. advising on job seeking; g. helping place and integrate persons with physical or mental disabilities. 2 Preventive measures may be provided across the board or on an individual basis. 3 Such measures are taken by the CD after consultation with the competent representation.
Section 2 Social Assistance when Abroad
(Art. 24 and 27 SAA)
Art. 18 Basic principle
1 Social assistance benefits may be paid to Swiss Abroad on a recurring or one-off basis. 2 Recurring benefits are guaranteed for a maximum of one year and this guarantee may be renewed.
Art. 19 Entitlement to recurring benefits
1 A person is entitled to receive recurring benefits if: a. their eligible expenses exceed their eligible incomes; b. their liquid assets, with the exception of the exempt asset allowance, have been used up; and c. they have a legitimate reason to remain in the receiving state taking all the circumstances into account, particularly if they: 1. have already been in the receiving state for several years, 2. are very likely to become financially independent in the receiving state in the foreseeable future, or 3. prove that they cannot reasonably be expected to return to Switzerland due to close family ties or other relationships. 2 The issue of whether the relevant benefits would be more cost-effective in Switzerland or abroad is irrelevant.
Art. 20 Entitlement to one-off benefits
1 A person is entitled to receive one-off benefits, if: a. their eligible incomes, after deduction of their eligible expenses, are insufficient to cover a one-off expense which is necessary to meet their basic needs; and b. no liquid assets are available that exceed the exempt allowance. 2 A one-off benefit may be granted in addition to recurring benefits.
Art. 21 Eligible expenses
1 Eligible expenses are: a. an allowance to cover household expenses (housekeeping allowance); b. other recurring expenses, such as accommodation costs, insurance premiums and mobility costs, provided they are necessary, reasonable and substantiated. 2 Debts and debt interest are not recognised as eligible expenses. In exceptional cases, they may be recognised in part or in full as such if they were incurred as a result of essential expenditure, such as accommodation costs, insurance premiums, mobility or hospital costs.
Art. 22 Eligible incomes
Eligible incomes are all incomes that an applicant receives or could receive in due time.
Art. 23 Household allowance
1 The household allowance is based on the rates applicable in Switzerland, although it is adjusted to reflect the basic cost of living in the relevant country or region. 2 It is graduated based on the size of the household.
Art. 24 Exempt asset allowance
1 The exempt asset allowance is set by the CD in such a way as not to hinder the possibility of the person concerned being able to support themselves again through their own means in the foreseeable future. 2 The exempt asset allowance amounts to a maximum of: a. six times the household allowance for individuals; b. twelve times the household allowance for married couples or couples in a registered partnership. 3 If the applicant has children under 18, the exempt asset allowance is increased by a maximum of three times the household allowance per child. 4 If there are grounds to assume that the applicant will not be able to accumulate new assets in the foreseeable future, the exempt asset allowance may be increased to double the maximum amount set out in paragraph 2.
Art. 25 Level of recurring benefits
1 The recurring benefits amount to the total discrepancy between the eligible expenses and eligible incomes. 2 The CD sets this amount on the basis of a budget.
Art. 26 Recurring benefits due to stays in public institutions
Benefits for persons in homes, hospitals and other establishments abroad comprise the statutory or legal daily allowances for a stay in a public institution plus ancillary expenses and pocket money.
Section 3 Returning to Switzerland
(Art. 30 para. 2 SAA)
Art. 27 Entitlement
1 Swiss Abroad who are unable to cover the costs of their return to Switzerland are entitled to claim the travel costs to return to Switzerland. 2 Return to Switzerland means travelling to Switzerland with the intention of staying there permanently. 3 The travel costs are paid irrespective of whether the Swiss nationals claimed benefits while they were abroad.
Art. 28 Amount
The travel costs paid for the return to Switzerland comprise: a. the costs of the most appropriate and cheapest way of travelling to Switzerland; b. the benefits needed abroad until the time of departure; c. if required, the benefits needed from arrival in Switzerland until the first contact with the relevant social service authority.
Art. 29 Notification
If the CD allows a Swiss national living abroad to return to Switzerland at the expense of the Confederation, it shall notify the competent cantonal authorities.
Section 4 Procedure
Art. 30 Application
(Art. 32 SAA) 1 Applications for social assistance benefits abroad or the payment of travel costs to return to Switzerland should be made through the competent representation. Applicants may be represented by someone else. 2 A budget should be submitted with the application, showing the eligible expenses and eligible incomes. Information should be provided in the currency of the receiving state. 3 Applications for one-off benefits should also include a cost estimate.
Art. 31 Initiation of the procedure ex officio
(Art. 33 para. 2 SAA) If a representation becomes aware that a Swiss national living abroad is in need, it may initiate the procedure ex officio.
Art. 32 Obligations of applicants
(Art. 24, 26 and 32 SAA) 1 The applicant must: a. complete and sign the forms provided by the CD; b. provide truthful and complete information about their own situation and that of other members of their household; c. provide documentary evidence where possible; d. claim maintenance and support contributions and entitlements from third parties; e. notify the representation immediately of any significant changes in their circumstances. 2 Where necessary, the CD or the competent representation may assist the applicant in claiming maintenance and support contributions and other entitlements from third parties.
Art. 33 Involvement of representations
(Art. 32 SAA) 1 The representations shall draw the applicant’s attention to their rights and obligations. 2 They shall provide applicants with advice and support where necessary and feasible.
Art. 34 Decision
(Art. 33 SAA) 1 The CD makes its decision based on the application documents from the representation. It may further clarify the facts if necessary. 2 In urgent cases and cases of hardship, the CD may make a decision regarding a one-off benefit without a cost estimate, based on the evidence presented. 3 One-off benefits are guaranteed with a commitment to cover costs. 4 The representation shall notify the applicant of the decision. 5 If the CD rejects the application because staying in the receiving state is not justified under Article 19 paragraph 1 letter c, the representation shall advise the applicant that they have the option of having their return travel costs to Switzerland paid.
Art. 35 Conditions and requirements
(Art. 28 SAA) If the applicant has property or other assets which it is not possible or reasonable to sell for the time being, they may be asked to provide a security.
Art. 36 Payment
(Art. 27 SAA) 1 One-off benefits are paid according to the commitment to cover costs. 2 Recurring benefits are paid into an account or paid out in cash on a monthly basis. The payment is made in the currency of the receiving state. 3 To ensure the benefits are used appropriately by the eligible person, they may be paid to a third party. 4 If appropriate, vouchers for the purchase of specific items may be issued, or payments made directly to third parties. 5 Administrative costs may not be set off against benefits.
Art. 37 Commencement of benefit payment and advance payments
(Art. 27 SAA) 1 Recurring benefits are granted at the earliest from the date the application is submitted. 2 Advance payment of recurring benefits may be granted, provided: a. adequate support from third parties or from the receiving state is not available in time; and b. the person concerned undertakes to refund the advance payments, or transfers entitlements to the Confederation.
Art. 38 Exclusion
(Art. 26 SAA) 1 In the event of misconduct in terms of Article 26 SAA, social assistance may also simply be reduced. 2 Only the person guilty of misconduct shall have their share refused, withdrawn or reduced. 3 The grounds for exclusion under Article 26 letter e SAA include the case of applicants manifestly refusing to accept suitable employment or to seek such employment.
Art. 39 Repayment obligation
(Art. 35 SAA) Benefits must be repaid in the following currencies: a. if the person is resident abroad at the time of the repayment: in the currency of the receiving state; b. if the person is resident in Switzerland at the time of the repayment: in Swiss francs, converted at the exchange rate on the date of payment of the benefit.
Art. 40 Involvement of charitable organisations
(Art. 34 SAA) 1 If a representation works with a Swiss charitable organisation abroad, it shall inform the CD about the arrangements made. 2 The governing bodies of the charitable organisation are bound by professional secrecy if they are performing social assistance tasks. Professional secrecy does not apply vis-a-vis the competent authorities of the Confederation.
Art. 41 Procedure for urgent social assistance
(Art. 33 para. 2 SAA) 1 Contributions to living expenses that are paid as urgent social assistance are deducted from any recurring benefits that are subsequently approved. 2 If urgent social assistance is required during a temporary stay in Switzerland, it is granted by the canton of stay in accordance with cantonal law. 3 The Confederation reimburses these costs to the canton of stay, provided the following conditions are met: a. the person receiving assistance is a Swiss national living abroad in accordance with Article 3 letter a SAA; b. the need has been proven; c. the canton of stay has attempted to obtain reimbursement from the person receiving support or a third party, but these efforts have been unsuccessful. 4 The administrative costs of the canton of stay are not reimbursed. 5 The repayment obligation lapses three years after the costs are incurred.
Art. 42 Right of the CD to file an action
If the Confederation, on the basis of the provisions set out in this Chapter, provides social assistance to a person who is entitled to maintenance contributions in accordance with Article 276 or support in accordance with Article 328 of the Swiss Civil Code, the CD is entitled, in accordance with Article 289 paragraph 2 and Article 329 paragraph 3 of the Swiss Civil Code, to assert the claims transferred to the Confederation from the maintenance debtor.
SR 210
Chapter 5 Additional Support
Section 1 Support Fund for Swiss Nationals Abroad
Art. 43 Purpose
1 A special fund (known as the Support Fund for Swiss Nationals Abroad) is provided for in Article 52 of the Financial Budget Act of 7 October 2005. It is made up in particular of the special funds and donations referred to in the Annex, the purposes and requirements of which remain binding. 2 The Fund is designed to prevent or mitigate cases of hardship and need if Swiss nationals living abroad have no other means of support based on this Ordinance.
Art. 43 — Amended by No I of the O of 13 Nov. 2024, in force since 15 Dec. 2024 (AS 2024 691). Para. 1 — SR 611.0
Art. 44 Benefits
1 The Fund may pay benefits to: a. Swiss nationals living abroad and their relatives who live in the same household; b. Swiss Abroad institutions. 2 Payments from the fund are for a specific purpose and are paid as one-off contributions that do not have to be repaid. 3 The CD makes decisions on granting aid from the fund. There is no legal entitlement to receive such benefits.
Art. 45 Management of the Fund
1 The assets of the Fund are managed separately by the Federal Finance Administration. 2 The return on the Fund's assets is governed by Article 70 paragraph 2 of the Financial Budget Ordinance of 5 April 2006. 3 The capital gains, interest yields and other revenues are allocated to the Fund annually.
Para. 2 — SR 611.01
Section 2 Support for Swiss Abroad Institutions
(Art. 38 SAA)
Art. 46
1 Financial assistance may be paid to Swiss Abroad institutions that: a. promote or support Swiss Abroad in specific areas and operate worldwide; b. provide assistance to Swiss Abroad. 2 Financial assistance may be provided to the Organisation of the Swiss Abroad for the following activities in particular: a. safeguarding the interests of Swiss Abroad vis-a-vis the Swiss authorities; b. providing information and advice to Swiss Abroad.