Family Reunification for Unmarried Partners of Swiss Citizens: What You Need to Prove

Family reunification in Switzerland is primarily structured around formal legal relationships. Spouses, registered partners, and dependent children of Swiss citizens benefit from a defined legal right to join their family members under the ordinary provisions of the Foreign Nationals and Integration Act (FNIA). For unmarried partners, however, the path to residence is far less straightforward. Swiss law does not extend an automatic entitlement to cohabiting or long-term partners outside of marriage or registered partnership.

Despite this limitation, a route remains open. Foreign nationals in enduring, marriage-like relationships with Swiss citizens may, in exceptional circumstances, obtain residence through the humanitarian exception set out in Article 30(1)(b) FNIA, as further elaborated by Article 31 of the Ordinance on Admission, Period of Stay and Employment (OASA).

This article explains how the humanitarian permit functions, what legal and evidential standards must be met, and how applicants can demonstrate eligibility in a legally persuasive and practical manner.

No Automatic Right to Reunification for Unmarried Partners

Article 42 FNIA grants Swiss citizens the right to sponsor their spouses and dependent children for family reunification. This statutory right does not extend to unmarried couples, regardless of the length or seriousness of the relationship. As a result, unmarried partners must instead apply for residence as an exception to the standard immigration rules, based on humanitarian grounds.

This distinction is significant. While married and registered partners benefit from a clear legal entitlement, unmarried couples must persuade the immigration authorities to exercise their discretionary powers. The burden is on the applicant to demonstrate that the circumstances justify such an exception.

Legal Framework: Article 30 FNIA and Article 31 OASA

Under Article 30(1)(b) FNIA, cantonal authorities may issue a residence permit in cases of serious personal hardship, even when the usual criteria for admission are not met. This humanitarian provision serves as a legal safety valve for exceptional cases that fall outside the ordinary legal framework.

Article 31 OASA sets out the factors to be considered when assessing whether such hardship exists. These include the applicant’s level of integration, their family situation, financial and health circumstances, the length of time they have lived in Switzerland, and the feasibility of reintegration in their country of origin. Although unmarried partnerships are not explicitly mentioned in Article 31, Swiss case law and administrative guidance make it clear that a long-standing, stable, and marriage-like relationship may be one relevant factor in the overall assessment of hardship.

Where a couple has lived together for a substantial period, maintained a shared household, and demonstrated mutual support and dependency, their relationship may be recognised within the broader evaluation of family life. However, it is important to understand that the existence of such a relationship does not, in itself, create a right to reside in Switzerland. Instead, the applicant must show that separation would lead to consequences so severe or disproportionate that an exception to the general rules is justified.

Cantonal authorities retain significant discretion in evaluating humanitarian cases. Applications must therefore be carefully prepared, factually detailed, and legally sound, supported by thorough documentation and clear reasoning.

Proving a Marriage-Like Relationship

At the heart of a successful humanitarian application by an unmarried partner is the ability to demonstrate a relationship that is functionally equivalent to marriage. Swiss authorities assess not only emotional attachment, but also the depth, durability, and practical interdependence of the couple’s shared life.

While there is no prescribed minimum duration, relationships of at least three years, especially where continuous cohabitation can be shown, are more likely to be viewed as stable. Nevertheless, length alone is not determinative. The quality of the relationship, the couple’s future intentions, and the evidence of day-to-day life together carry equal - if not greater - weight.

Authorities look for signs of shared domestic, financial, and emotional responsibilities, such as jointly signed leases, co-managed finances, regular travel history, and ongoing communication. Personal statements from both partners should detail the relationship’s origins, evolution, and future plans. Consistency across these documents is key. Any inconsistencies, gaps, or unexplained absences may cast doubt on the credibility of the partnership.

Declarations from third parties - family, friends, employers, or professionals - who know the couple and can attest to the nature of the relationship may further strengthen the application.

Demonstrating Serious Personal Hardship

In addition to proving the relationship, applicants must establish that denial of residence would result in serious personal hardship, as defined by Article 30 FNIA and interpreted through Article 31 OASA. This is a high bar. Emotional distress caused by separation, though real and painful, is not in itself enough to meet the legal threshold.

Authorities assess hardship based on objective factors. For instance, hardship may arise where the Swiss partner is unable to relocate abroad due to strong professional ties, care responsibilities, medical needs, or deep-rooted integration in Swiss society. Similarly, if the foreign partner cannot obtain lawful residence in Switzerland through another route - such as employment or study - and relocation to another country would be legally or practically impossible, these facts may weigh in the applicant’s favour.

The analysis is holistic. Each case is examined on its own merits, considering the cumulative impact of all relevant factors. A compelling humanitarian case must be supported by a clear, credible, and consistent narrative, grounded in both factual evidence and legal reasoning.

The Role of Article 8 ECHR

While Swiss humanitarian permits are governed by domestic law, Switzerland is a party to the European Convention on Human Rights (ECHR), and its immigration authorities must act in a manner consistent with Article 8, which protects the right to respect for private and family life.

A refusal of residence that interferes with a genuine, stable relationship may raise Article 8 concerns. However, this right is not absolute. Swiss authorities may restrict the right to family life where the interference is lawful, pursues a legitimate aim (such as immigration control), and is proportionate. They will ask whether the couple could reasonably live together elsewhere - typically in the foreign partner’s country of origin. If relocation is possible and not unduly burdensome, Article 8 may not compel the grant of residence.

However, if relocation is genuinely unfeasible - due to political conditions, health risks, legal barriers, or entrenched social and economic ties to Switzerland - then Article 8 may strengthen the case for granting a humanitarian permit. While it is rarely decisive on its own, Article 8 can play a persuasive supporting role in humanitarian applications.

Application Procedure and Cantonal Discretion

Applications must be submitted to the cantonal immigration authority where the Swiss citizen resides. Procedures vary by canton. Some maintain standardised forms and guidance; others assess applications more informally. Interviews are common, particularly where authorities wish to assess the sincerity of the relationship.

The cantonal authority will generally issue the first decision. In more complex cases or those involving sensitive legal considerations, the matter may be referred to the State Secretariat for Migration (SEM) for review or co-decision.

Given the wide discretion afforded to cantonal authorities and the fact-sensitive nature of each case, it is strongly recommended that applicants seek legal advice from a professional familiar with humanitarian residence permit applications. A well-prepared application can make a critical difference in securing a favourable outcome.

Duration, Renewal, and Path to Long-Term Residence

Humanitarian residence permits issued under Article 30 FNIA are typically granted for one year at a time. They must be renewed annually, with each renewal requiring updated proof that the relationship continues and that the original hardship circumstances persist.

This conditional status creates an ongoing obligation to remain in compliance and can place administrative pressure on the couple. Applicants must be ready to update documentation, undergo additional interviews, and demonstrate progress in integration.

Although this type of permit does not lead directly to a permanent residence permit (C permit), over time, and subject to successful integration - measured by language proficiency, economic self-sufficiency, civic participation, and good conduct - it may be possible to apply for settlement.

If the couple chooses to marry or register a partnership, the legal basis for residence will shift, and the foreign partner may become eligible for a more secure and rights-based residence under Article 42 FNIA, which governs family reunification for spouses and registered partners of Swiss nationals.

Conclusion: A Demanding but Legitimate Pathway

The route to family reunification for unmarried partners of Swiss citizens is challenging. There is no automatic entitlement to residence, and success depends on the applicant’s ability to present a well-documented, credible, and legally grounded humanitarian case. The process is discretionary and varies from canton to canton, with decisions influenced by both federal law and local practice.

Nonetheless, for couples in genuine, stable, and enduring partnerships who would face serious hardship if separated, the humanitarian residence permit under Article 30 FNIA offers a viable path. When coupled with a careful assessment of Article 31 OASA criteria and, where relevant, Article 8 ECHR, this route can allow unmarried partners to build a life together in Switzerland despite the absence of formal legal status.

At Richmond Chambers Switzerland, we assist individuals and couples in navigating the humanitarian permit process with precision and care. If you are in a committed relationship with a Swiss citizen and wish to apply for residence on humanitarian grounds, our legal team can provide strategic advice and dedicated representation every step of the way.