Bringing Your Family to Switzerland as an EU/EFTA Citizen: What Are Your Rights?

For many EU and EFTA citizens considering a move to Switzerland, the ability to bring close family members is not only a priority but often a deciding factor. Whether relocating for work, to join a partner, or simply to take advantage of free movement rights, it is essential to understand what Swiss law permits and how those legal rights are applied in practice.

The right to be joined by family members is guaranteed under the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the European Union. This right is set out in Annex I, Article 3 of the agreement. In this post, we unpack the meaning of this provision, explain how it works in real-life scenarios, and outline what EU and EFTA citizens need to know when planning to reunite with family members in Switzerland.

Understanding Annex I, Article 3 of the AFMP

Annex I, Article 3 of the AFMP is the legal foundation for family reunification rights of EU and EFTA nationals residing in Switzerland. It provides that nationals of EU and EFTA states who are living or moving to Switzerland under the agreement may be joined or accompanied by certain close family members. Crucially, this right applies irrespective of the nationality of the family member in question.

In simple terms, this means that an EU or EFTA citizen can bring their family to Switzerland even if their spouse, child, or parent is a national of a country outside the EU or EFTA. The purpose of the provision is to ensure that the right of free movement is not undermined by preventing individuals from living with their immediate family.

Who Is Considered a Family Member?

Under Annex I, Article 3, family members who are entitled to join or accompany an EU or EFTA national in Switzerland include a spouse or registered partner, children and grandchildren under the age of 21, and dependent children or grandchildren over the age of 21. The same applies to the children and grandchildren of a spouse or registered partner. In addition, the parents and grandparents of both the EU/EFTA national and their spouse or partner are covered by the provision, provided they are financially dependent.

The scope of this right is intentionally broad, reflecting the EU's general approach to free movement and family unity. Importantly, the definition of a qualifying family member is based on the nature of the relationship and, in some cases, the degree of financial dependence, rather than on citizenship.

When and How Can Family Members Join?

The right to family reunification under the AFMP does not depend on the EU or EFTA citizen already being settled in Switzerland. A family member may either accompany the EU/EFTA citizen at the time of their initial move to Switzerland or join them at a later date. In both scenarios, the underlying principle is that the EU/EFTA citizen is exercising their right to free movement by residing in Switzerland as a worker, jobseeker, service provider, economically self-sufficient person, or student.

In practice, family members will need to apply for a residence permit (typically a B permit) from the cantonal migration authority where the EU/EFTA citizen resides. The process involves submitting evidence of the family relationship, such as marriage or birth certificates, and in some cases, proof of dependency. Swiss authorities also require that the sponsoring individual has sufficient financial means to support the family and suitable accommodation for all household members.

Rights of Family Members Once in Switzerland

Once a residence permit is granted, family members benefit from a number of rights under Swiss and EU law. Most significantly, spouses and registered partners are entitled to take up employment or self-employment in Switzerland without needing a separate work permit. This is a direct consequence of the free movement rights that extend to family members under the AFMP.

Children of school age may enrol in Swiss schools, while family members generally have access to healthcare, social services, and other public benefits on the same basis as the EU or EFTA citizen. Over time, family members may also become eligible for permanent residence and, eventually, naturalisation—though these are subject to separate criteria and residence requirements.

Legal and Practical Considerations

Although the right to family reunification is clearly established in law, Swiss authorities retain discretion in how they apply certain conditions, particularly regarding proof of dependency, financial sufficiency, and accommodation standards. It is therefore essential to approach the application process carefully and to ensure that all required documentation is in place.

Some cases present specific challenges. For example, adult children and elderly parents must demonstrate financial dependence, which may involve providing detailed financial records and supporting statements. In the case of non-marital partners, the AFMP does not confer automatic family reunification rights, although certain cantons may allow it on a discretionary basis, depending on the strength and stability of the relationship.

Similarly, if the EU or EFTA national is not economically active—such as a student or a retired person—the right to family reunification may depend on having comprehensive health insurance and sufficient resources to avoid becoming a burden on the Swiss social assistance system.

Returning Swiss Citizens and the AFMP

It is worth noting that Swiss citizens returning to Switzerland after having exercised free movement rights in another EU or EFTA country may, in some cases, rely on the AFMP to bring non-Swiss family members with them. This principle is derived from European case law and is designed to prevent reverse discrimination against Swiss nationals who have made use of their EU free movement rights abroad. However, this is a complex area of law and usually requires legal advice.

Conclusion

The right to bring family members to Switzerland under Annex I, Article 3 of the AFMP is a fundamental benefit of EU and EFTA citizenship. While the principle is well-established, the application process can involve legal nuances and practical hurdles. Proper planning and a clear understanding of the requirements can make the difference between a straightforward reunification and a prolonged or refused application.

For those seeking to relocate to Switzerland with their families, or for EU/EFTA citizens already living in Switzerland and hoping to be joined by loved ones, it is advisable to obtain professional legal support. A qualified immigration adviser can help ensure compliance with Swiss and EU law, prepare a strong application, and guide you through any challenges that arise.

If you would like assistance with a family reunification application under the AFMP, Richmond Chambers Switzerland can help. Our immigration lawyers provide expert advice and tailored support to EU and EFTA nationals and their family members seeking to make Switzerland their home.