Family Reunification in Switzerland: Rules, Time Limits and Requirements

Anyone living in Switzerland may, subject to certain requirements, bring close family members to join them. Which relatives are eligible, what time limits apply and which conditions must be met depend strongly, however, on the residence status of the person living in Switzerland (the "sponsoring" person) and on the country from which the relative to be reunited originates. This article explains the legal framework for family reunification under the Federal Act on Foreign Nationals and Integration (FNIA) and the Agreement on the Free Movement of Persons (AFMP) — in neutral terms and without reference to any individual case.

Legal basis: FNIA and AFMP

In Switzerland, family reunification is essentially governed by the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20), Art. 42–47. These provisions distinguish according to the status of the sponsoring person:

• Art. 42 FNIA — family members of Swiss nationals;
• Art. 43 FNIA — family members of persons holding a settlement permit (permit C);
• Art. 44 FNIA — spouses and children of persons holding a residence permit (permit B);
• Art. 45 FNIA — spouses and children of persons holding a short-term permit (permit L);
• Art. 47 FNIA — time limits for family reunification.

For family members of EU/EFTA nationals, the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681) applies together with the Ordinance on the Introduction of the Free Movement of Persons (OFMP). The AFMP contains its own, considerably broader family reunification regime (Annex I Art. 3 AFMP).

The distinction between these legal bases is decisive: it determines who counts as a family member, how quickly the application must be filed and which requirements must be met. How the free-movement rights operate in detail is set out in the AFMP/OFMP glossary on free movement of persons.

Who is eligible for reunification?

The circle of relatives eligible for reunification depends on the status of the person already living in Switzerland. Swiss law fundamentally distinguishes three groups: Swiss nationals, EU/EFTA nationals and third-country nationals.

Spouses and registered partnerships

A legally married spouse or a registered partner is, in principle, eligible for reunification — regardless of the nationality of the sponsoring person. The marriage or partnership must be legally recognised in Switzerland. Since the entry into force of "marriage for all", same-sex marriages concluded abroad are also recognised.

Unmarried cohabiting partners (concubinage) have no statutory entitlement to family reunification under the FNIA.

Children

Minor children (under 18 years of age) of the sponsoring person or of their spouse may be brought into Switzerland. For EU/EFTA nationals, the concept of descendants under the AFMP is broader and also covers descendants who have not yet reached the age of 21 or who are being supported (Annex I Art. 3 AFMP).

For third-country nationals, stricter requirements apply, and in particular staggered time limits under Art. 47 FNIA (see below).

Parents and other relatives

Under the AFMP, EU/EFTA nationals may, subject to certain requirements, also bring relatives in the ascending line (parents, parents-in-law), provided that these are being supported (Annex I Art. 3 AFMP).

Third-country nationals generally cannot bring parents, siblings or other relatives through ordinary family reunification. In exceptional situations, residence may be considered on the basis of a serious personal hardship case (Art. 30 para. 1 let. b FNIA); this lies within the discretion of the cantonal migration authority and occurs rarely.

EU/EFTA and third country compared

The following table sets out the fundamental differences between family reunification for EU/EFTA nationals and for third-country nationals. It is a simplified overview and does not replace the examination of the individual case by the competent authority.

The permit type of the sponsoring person is also relevant. Persons holding a C settlement permit (C settlement permit) have a legally stronger reunification entitlement than persons holding a B residence permit (B residence permit).

Time limits: the five-year rule under Art. 47 FNIA

For third-country nationals, Art. 47 FNIA provides explicit reunification time limits. These are mandatory and staggered according to the age of the child:

• Spouses and children under 12 years of age: reunification within five years;
• Children between 12 and 18 years of age: reunification within twelve months.

The time limits begin with the issuance of the residence permit of the sponsoring person or with the creation of the family relationship (e.g. marriage, birth of a child), where this occurs later.

Failure to meet the time limit does not automatically lead to rejection. A subsequent family reunification is possible under Art. 47 para. 4 FNIA only where important family reasons exist. The Federal Supreme Court interprets this exception narrowly.

Swiss nationals and EU/EFTA nationals are not subject to these rigid FNIA time limits. Here too, however, a substantial, unjustified delay in the proceedings may raise questions.

Time limits with the C settlement permit

Persons holding a C settlement permit (Art. 34 FNIA) have a reunification entitlement under Art. 43 FNIA which is in part more favourable than the entitlement of B permit holders. The reunification time limits under Art. 47 FNIA nevertheless apply here as well, in principle.

Housing requirement

Art. 44 FNIA (for B permit holders) requires that adequate housing be available for the family. Federal law does not lay down an exact number of square metres; the cantons apply their own benchmarks in their enforcement practice (cantonal law on foreign nationals and enforcement).

The following serve as general points of reference:

• The housing must be available from the time the family members enter Switzerland.
• As a rule, a signed tenancy agreement, proof of ownership or a written confirmation from the landlord must be submitted.
• A mere room or shared flat is usually not accepted for families with children.
• The housing must be habitable and correspond to the size of the family (no overcrowding).

Requirement of secured means of subsistence

For third-country B permit holders, the financial requirement is often the most important hurdle. The sponsoring person must demonstrate that the household income is sufficient to support the entire family without recourse to social assistance (Art. 44 para. 1 let. c FNIA). What counts, as a rule, is earned income as well as certain pension or insurance benefits; mere assets without ongoing income are, in principle, not sufficient.

The following points are particularly to be noted:

• The income must cover the family's ongoing living costs, the housing costs and existing obligations (e.g. maintenance payments).
• A prior receipt of social assistance may have an adverse effect.
• The compulsory health insurance (Health Insurance Act (KVG)) must be taken out for all incoming family members within three months of entry. Information and a premium calculator can be found at priminfo.admin.ch.

Persons holding a C settlement permit and Swiss nationals are not subject to the self-sufficiency requirement to the same extent. A later receipt of social assistance may, however, affect permit renewals (Art. 33, 62, 63 FNIA) or a subsequent naturalisation.

Language requirement

For the family reunification of spouses and children over 18 years of age, the FNIA requires that the reunited person be able to communicate in the national language spoken at the place of residence or that they register for language support — as a rule level A1 oral (Art. 43 para. 1 let. d FNIA for C permit holders; corresponding rule for B under Art. 44 FNIA; concretised in the OASA Art. 73 and Art. 77d).

Required documents

The exact list of documents depends on the competent canton. Foreign-language records must be translated into the official language of the canton (German, French or Italian) and, where applicable, provided with an apostille. In nearly all procedures, the following are required:

1. the completed application form (cantonal form or SEM form);
2. valid passport and passport photos of each person to be reunited;
3. marriage or partnership certificate (with an apostille where applicable);
4. birth certificates of all children included (with an apostille where applicable);
5. proof of housing (tenancy agreement or proof of ownership);
6. proof of means of subsistence (employment contract, pay slips, tax documents);
7. proof of health insurance or confirmation that insurance has been taken out for all family members;
8. criminal record extract from the country of origin of the person to be reunited;
9. proof of language skills where applicable;
10. a copy of the sponsoring person's permit as well as the municipality's confirmation of registration.

For children being reunited with only one parent, the written consent of the other parent or a corresponding decision on parental authority may additionally be required.

Procedure and processing time

The application is filed with the cantonal migration office of the canton of residence of the sponsoring person. As a rule, the procedure follows these steps:

1. The sponsoring person files the application with the cantonal migration office.
2. The canton examines the application and may request further documents.
3. If the application is granted, the canton issues a visa authorisation to the competent Swiss representation abroad.
4. The person to be reunited applies for a national visa (type D) at the Swiss representation abroad.
5. After entering Switzerland, the person registers with the municipality of residence within 14 days.
6. The cantonal migration office issues the residence permit.

For EU/EFTA family members, the procedure is simpler: entry is often possible without a visa, and registration takes place directly with the municipality of residence; the permit is issued on the basis of the derived AFMP right.

The processing time varies considerably between cantons and depending on the completeness of the application. Concrete processing times are volatile and should be enquired about directly with the competent migration office.

Common pitfalls

• Time limits: The reunification time limits under Art. 47 FNIA expire faster than many expect. It is advisable to record the start of the time limit from the issuance of one's own permit.
• Incomplete documents: Missing apostilles or translations are a frequent cause of delays. The exact requirements of the canton of residence should be clarified in advance.
• Proof of housing: A mere letter of intent from the landlord is usually not sufficient; what must generally be submitted is a signed tenancy agreement.
• EU or FNIA regime: Where the sponsoring person is an EU/EFTA national but the spouse to be reunited is a third-country national, the reunification is governed by the AFMP and not by the FNIA. This distinction is frequently misjudged.

After the permit

After entry and registration, the reunited person receives a derived residence permit which is linked to the status of the sponsoring person. A person reunited with a B permit holder receives a B permit; a person reunited with a C permit holder initially also receives a B permit with the possibility of later obtaining the C settlement permit (Art. 34 para. 2 and para. 4 FNIA) once the requirements are met.

The reunited person must in particular:

• register with the municipality of residence within 14 days (concept of domicile under Swiss Civil Code (ZGB) Art. 23);
• take out the compulsory health insurance (Health Insurance Act (KVG)) within three months — information at priminfo.admin.ch;
• in some cantons, conclude an integration agreement (Art. 58a, 58b FNIA) with language objectives;
• enrol children of compulsory school age in compulsory schooling (mandatory and free of charge in the public system).

Right of residence upon separation or divorce

Upon separation or divorce, the derived permit is not automatically revoked. Under Art. 50 FNIA, the spouse's residence entitlement continues to exist under certain conditions, namely where the marital union has existed in Switzerland for at least three years and successful integration is present, or where important personal reasons make further residence necessary. The assessment is carried out by the competent authority in each individual case.

Family reunification under special statuses

Family reunification for persons with provisional admission (permit F) is governed separately and more restrictively; in addition, the Asylum Act (AsylA, Art. 27 and Art. 102f) contains its own provisions for the asylum- and protection-related area. For recognised refugees and for persons with protection status S, separate requirements apply in each case. These constellations are set out in the dossiers on provisional admission (permit F) and on protection status S.

Significance for a subsequent naturalisation

Family reunification is to be distinguished from naturalisation. Anyone wishing to be naturalised must meet the requirements of the Swiss Citizenship Act (SCA, SR 141.0) — namely the duration of residence and the integration criteria under Art. 9, 11 and 12 SCA; for the facilitated naturalisation of spouses, Art. 20 and 21 SCA apply. The concretisation is provided in the Citizenship Ordinance (BüV). Details are set out in the dossier on naturalisation paths in Switzerland.

Note: This article explains the legal situation and is not legal advice (Art. 12 LLCA).