New job in Switzerland! Can my family join me?

The Swiss Federal Constitution guarantees the right to respect for family life. However, the legal situation varies depending on the origin and residence status of the applicant. It plays an important role whether the applicant comes from an EU/EFTA member state or from another foreign country (so-called third countries).

Family reunification for EU/EFTA nationals

Thanks to the Agreement on the Free Movement of Persons (FMPA) between Switzerland and the EU, EU/EFTA nationals with a right of residence in Switzerland may reunite with their family members, or these may accompany them when entering Switzerland. Their nationality is thereby irrelevant.

Family members are considered to be:

• Spouse or partner in a registered partnership
• Relatives in the descending line (own relatives, but also those of the spouse, i.e. children and grandchildren or stepchildren and step-grandchildren) who are younger than 21 years of age or who are granted maintenance.
• Relatives in the ascending line (own, but also those of the spouse) who are granted maintenance.

Persons in education can be accompanied only by their spouse or dependent children.

Those wishing to join their family must have a residence that can adequately accommodate the entire family. Self-employed persons and persons without gainful employment must prove additionally that they have sufficient financial means to support the family members joining them.

Spouses and children – regardless of nationality – have unrestricted access to the Swiss labour market. Relatives in the ascending line, however, are not entitled to gainful employment.

Family reunification for third-country nationals

For third-country nationals, family reunification is regulated by the Foreign Nationals and Integration Law (AIG). The requirements are higher and the group of persons entitled to join them is smaller than for citizens from the EU/EFTA area.

Third-country nationals with a C settlement permit (unlimited right of residence not subject to any conditions) are generally entitled to family reunification. If the applicant has a B residence permit or an L short-term residence permit, he or she can also apply for family reunification.

The following family members are entitled to join:

• Spouse or partner in a registered partnership
• Children who are younger than 18 years of age

Family reunification must be applied for within five years of the granting of the settlement or residence permit or the establishment of the family relationship. Children over 12 years of age must join the family within 12 months. A subsequent application can only be filed if there exist very important family reasons (e.g. protection of the best interests of the child).

The family members joining the applicant must live in the same household as the applicant, who must have suitable accommodation for all of them.

In addition, the family members joining the applicant must not receive social assistance or supplementary benefits. Spouses must be able to communicate in the language spoken at the future place of residence (does not apply to spouses of short-term residents with an L permit). If they do not have an appropriate language diploma (level A1 or higher) at the time of application, proof that they have enrolled in an appropriate language course at a Swiss language school is also sufficient.

By Urs Haegi & Andrea Elvedi, Vischer, Switzerland, a Transatlantic Law International Affiliated Firm.

For further information or for any assistance please contact switzerland@transatlanticlaw.com

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