It is common for families to be separated when one or more members decide to leave their country to settle in Switzerland, whether by choice or by necessity. In these situations, family reunification is possible under various conditions, both for nationals of EU/EFTA countries and for nationals of third countries.
For EU/EFTA nationals
The Agreement on the Free Movement of Persons (AFMP) between Switzerland and the European Union (EU) allows for family reunification for any EU/EFTA national who has acquired the right to stay in Switzerland. Thus, if you have an EU/EFTA settlement permit, your spouse or registered partner, your children and grandchildren up to the age of 21 or who are dependent, as well as your dependent parents and grandparents can join you. The same applies to your spouse’s ascendants. If you are in training, only your spouse and dependent children will be able to join you.
Furthermore, for family reunification to be accepted, you must have housing that is large enough to accommodate the entire family. If you are self-employed or not gainfully employed, you must provide proof that you have the necessary financial resources to support your family members.
The residence permit of your family members will be for the same duration as your own permit. The spouse and children of EU/EFTA nationals have the right to work in Switzerland. Special provisions apply to Croatian nationals.
It is important to note that upon their entry into Switzerland, your family members will need to present a number of documents, including a certificate from the country of origin proving the family relationship with you.
For third-country nationals
If you hold a settlement permit in Switzerland (Permit C), your spouse or registered partner and children up to the age of 18 have the right to join you, provided they live in a common household, in suitable accommodation, and are not dependent on social assistance. They must also be able to communicate in the national language spoken at the place of residence (Art. 43, para. 1 LEI).
Your spouse and children aged 12 to 18 will receive a residence permit (Permit B) for the same duration as your own residence permit. They will have the right to work but must report any gainful activity to the cantonal migration authority. Children under 12 will immediately receive a settlement permit (Permit C) (Art. 43, para. 6 LEI).
If you hold a residence permit (Permit B) and meet the necessary conditions specified in the Federal Act on Foreign Nationals (Art. 44 LEI), your canton may grant a family reunification request.
Asylum seekers and refugees do not have the right to family reunification during the asylum procedure. Once refugee status is granted, they may bring family members if there are no objections.
Refugees with temporary admission (Permit F) can apply for family reunification for their spouse and children under 18 at the earliest three years after the temporary admission decision (Art. 85, para. 7 LEI). The same conditions as for those with a Permit B apply (living together, having suitable accommodation, and sufficient means to support family members).
Your relatives will need to submit their family reunification application to the Swiss delegation in your country of origin or, if no delegation is present in the country, to the Swiss Embassy in a neighboring country (for example, Somalis must go to the Swiss Embassy in Kenya or Mauritians to the Swiss Embassy in South Africa).
Family separation often causes distress and adds to the difficulty of leaving one’s home country. We will guide you throughout your process and direct you to the competent authority for submitting your application to help reunite your family members.
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[1] Association européenne de libre-échange.
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