Exploring Switzerland's Family Reunion Process

Family reunion for EU/EFTA nationals

Thanks to the Agreement on the Free Movement of Persons (FMPA) between Switzerland and the EU, EU/EFTA nationals with the right of residence in Switzerland may reunite with their EU family members may accompany them when entering the country.

The process is quite streamlined, and in most of the cantons, individuals can simply register all together at the commune. The following categories are considered family members:

• Spouse or partner in a registered partnership;
• Relatives in the descending line (either the individual's or spouse's relatives, such as children and grandchildren or stepchildren and step-grandchildren) who are younger than 21 years of age or who are financially dependent on the individual; and
• Relatives in the ascending line (either the individual's or the spouse's relatives) who are financially dependent on you.

Family reunion for third-country nationals

A family reunion for third-country nationals is regulated by the Foreign Nationals and Integration Law (AIG). The requirements are stricter, and the categories of people entitled to join you as a non-EU national are fewer than for citizens from the EU/EFTA area.

The following family members are allowed to join third-country nationals:

• Spouse or partner in a registered partnership; and
• Relatives in the direct descending line (the individual's or spouse's children) who are younger than 18 years of age.

Among many other requirements that differ from canton to canton, if an individual is going to qualify for a B permit (meaning that they are entering a Swiss local contract or is on assignment for more than two years), their spouse must be ready to learn the canton's official language, and either a language certificate or a proof of enrolment in an A1 course in said language must be submitted with the initial application.

It is especially important to keep in mind that the spouse will only have 12 months upon arrival to obtain the A1 certificate. Otherwise, the spouse's permit will not be renewed. Individual cantons may place further integration requirements on accompanying spouses.

Important considerations for non-EU family members

• When a spouse is a non-EU national, the individual needs to consider potential visa and family reunion filings. Depending on the country of origin, the spouse's nationality, and the canton of residence in Switzerland, this process may involve one step (the family reunion filing in Switzerland) or two steps (the family reunion filing in Switzerland and the family reunion filing with the Swiss embassy abroad).
• If a spouse holds a valid EU/EFTA residence permit, the visa filing step becomes unnecessary, as the spouse can utilize their EU/EFTA permit for entry into Switzerland. However, a family reunion application with the cantonal migration authority at the place of residence is still required. Additionally, the spouse must await approval before registering with the commune.
• Applications for family reunification must be submitted within five years of settlement being granted, the issuance of the residence permit, or the establishment of the family relationship. Children older than 12 must join the family within 12 months. Subsequent applications can only be filed under exceptional circumstances, such as crucial family reasons (e.g., safeguarding the child's best interests).

Need to know more?

For further information on the family reunion process as well as on any other Swiss immigration requirements, please contact Manager Mihaela Dumitru at [email protected].  

This blog was published on 18 April 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.