Case study: Family reunification of third-country nationals by EU/EFTA citizens, third-country nationals and Swiss nationals - comparison of the legal

Author: Brizida Alani , CONVINUS global mobility solutions

For the German version, please read here!

Our core business is obtaining work permits for management transfers as well as for other foreign expatriates and other employees who wish to work in Switzerland. However, a good majority of this population comes to Switzerland accompanied by family.

In principle, the immigration of spouses and children is not a challenge, even if the filing deadlines are sometimes very short. When it comes to relatives in the ascending line, i.e. parents, grandparents and parents-in-law, the legal basis is different.

Family reunification of spouses and children - gainful employment of spouses

The reunification of spouses and children is permitted provided that the legal deadlines are met and that suitable accommodation, a joint household and sufficient financial resources are available.

Spouses and children of Swiss nationals and of persons with a settlement permit (C permit) or residence permit (B permit) have a legal right to self-employment or employment without an additional permit procedure in accordance with Art. 46 AIG in connection with Art. 27 VZAE.

In the case of spouses of short-term residents (L permit), the labor market authority can disregard the priority of nationals and the quotas and authorize gainful employment at the employer's request (Art. 30 para. 1 AIG in conjunction with Art. 26 VZAE).

In principle, well-educated spouses of short-term residents have been granted a work permit in almost all cases. However, search efforts must still be made in most cantons.

Family reunification of relatives in the ascending line

Applicant is an EU/EFTA citizen, father is Indian (third-country national)

Mr. Singh has Italian citizenship and has been living in Switzerland for several years with a C permanent residence permit. He would now like his father to move to Switzerland. Based on the Agreement on the Free Movement of Persons, Mr. Singh is entitled to family reunification with his Indian father, even if he lives in India as a third-country national. Mr. Singh must simply have an apartment that meets his needs.

The application with the usual documents must be submitted to the responsible Migration Office. In particular, the certificate from the home country regarding the family relationship and the neediness of relatives who are granted maintenance must be proven. This need must have existed prior to the application. The applicant's financial means must also be submitted.

Applicant is a third-country national, mother lives in Pakistan

Ms. Iman, a Pakistani citizen, has been living in Switzerland with a C residence permit for over 20 years and would like her mother, who is around 80 years old, to join her. The mother has no income of her own and is supported by her daughter from Switzerland. As a third-country national, Ms. Iman cannot derive a legal entitlement to the granting of the requested entry permit in favor of her mother based on a treaty or other legal provisions.

In legal terms, her application for family reunification is treated in the context of taking up residence with her daughter without gainful employment. The necessary financial means, the minimum age of 55 and special personal ties to Switzerland are prerequisites for the application to be approved.

These cases are generally rejected due to a lack of connection to Switzerland. Even if all other aspects are met, vacation visits that have been documented by photos since the daughter's stay in Switzerland are not sufficient to confirm a close relationship with Switzerland.

Applicant is Swiss, father comes from the USA

Mr. Snowhite was born in Switzerland and acquired Swiss citizenship through his mother. His father, Mr. Forster, has lived in the USA since the separation; however, contact has always continued. Now Mr. Snowhite wants to have his father with him in Switzerland in the last years of his life.

Swiss citizens can only bring family members to join them if they are resident in an EU or EFTA member state. Exceptions are only permitted in cases of hardship. Under these circumstances, Mr. Forster does not qualify as a case of hardship. This is the case when it comes to humanitarian stays by immigrant workers who have become ill or disabled in Switzerland.

This discrimination against Swiss nationals was to be abolished with the new parliamentary initiative. While the Federal Council approved this initiative, there was still a discrepancy in the Council of States. The draft bill has therefore not yet been finalized. The status of the deliberations is that the draft bill has been referred back to the National Council committee.

You can find more information on the parliamentary initiative at 19.464 | Beseitigung und Verhinderung der Inländerinnen- und Inländerdiskriminierung beim Familiennachzug | Geschäft | Das Schweizer Parlament