FAMILY REUNIFICATION FOR FAMILY MEMBERS OF EU CITIZENS LIVING IN SWITZERLAND ON A B PERMIT OR C PERMIT

Swiss immigration law distinguishes between family reunification rights for EU/EFTA citizens and those for Swiss or third-country nationals. EU/EFTA nationals benefit from the Agreement on the Free Movement of Persons (AFMP), which provides a more favourable legal framework for reuniting with close family members. However, the process still involves important conditions relating to relationship status, accommodation, financial support, and integration expectations, all of which vary depending on the specific permit held and cantonal practice.

If you are an EU or EFTA citizen residing in Switzerland on a B (residence) or C (settlement) permit, it is important to understand your rights and obligations when applying to bring your family members to join you. This guide outlines the key rules and procedures applicable to EU citizens holding a B or C permit in Switzerland who wish to be joined by family members including spouses, registered partners, unmarried partners, fiancés, children, and dependent adult relatives.

Whether you are an EU citizen in Switzerland seeking to sponsor a spouse, partner, child, or other family member, or a family member applying to join your EU relative in Switzerland, our immigration lawyers are here to help. We can offer tailored legal advice, assess eligibility, and support the preparation and submission of a well-documented application to ensure the best possible outcome for your family.

Family Reunification for Family Members of EU Citizens Living in Switzerland on a B or C Permit

Family Reunification for Spouses and Registered Partners of EU Citizens

Spouses and registered partners of EU citizens residing in Switzerland enjoy a recognised right to family reunification under the AFMP. Annex I, Article 3(1) of the Agreement grants EU nationals the right to be accompanied or joined by their spouse or registered partner, as long as the sponsor is lawfully residing in Switzerland under a B or C permit issued pursuant to the Agreement.

This legal entitlement is not discretionary and is broadly interpreted in favour of preserving family unity. However, the relationship must be authentic, ongoing, and legally recognised under the laws of the country in which the partnership was concluded. The couple must also demonstrate a genuine intention to cohabit in Switzerland. In practice, Swiss authorities will expect to see supporting evidence such as marriage or partnership certificates, as well as proof of accommodation arrangements that meet cantonal housing standards.

Financial self-sufficiency remains an important condition, albeit less stringently applied than in the case of third-country national sponsors. The EU citizen must demonstrate that they can support their spouse or partner without recourse to social assistance. This typically involves submitting payslips, employment contracts, tax assessments, or proof of stable assets or savings. Although there is no fixed income threshold, cantonal authorities will assess the financial position in light of the local cost of living, number of household members, and expected expenses.

Language integration is generally not a precondition for admission under the AFMP. However, if the foreign spouse later applies for a C permit, certain cantons may impose integration conditions including basic oral proficiency (A1 level) in the relevant national language - German, French or Italian - as per the FIDE framework or equivalent diplomas recognised by the State Secretariat for Migration (SEM).

Once the application is approved, the spouse or partner is issued a B permit linked to the duration and nature of the EU citizen’s residence permit. This permit typically grants the right to reside and work in Switzerland and is renewable on an annual basis. After five years of continuous residence in Switzerland, the spouse may apply for a C permit, provided they meet applicable integration and language requirements and have not received social assistance in the preceding three years.

Applications for family reunification must be submitted either through the Swiss representation abroad if the family member is outside Switzerland, or to the cantonal migration authority if they are already lawfully present in the country. Processing times vary between cantons but generally range from two to four months, depending on the volume of applications and completeness of documentation. Incomplete or inconsistent applications may result in significant delays.

At Richmond Chambers Switzerland, we specialise in helping spouses and registered partners of EU citizens reunite in Switzerland under the AFMP. We offer clear, expert guidance on all legal requirements -including financial self-sufficiency, accommodation standards, and documentary evidence of a valid and ongoing relationship.

Our team can assist you in preparing a strong and well-documented application, ensuring that all supporting materials - such as partnership or marriage certificates, housing documentation, and financial records - are complete, accurate, and persuasive. If any issues arise - such as doubts about the genuineness of the relationship, incomplete paperwork, or delays due to cantonal processing - we offer practical legal solutions and can represent you in dealing with the authorities or appealing a refusal.

With in-depth knowledge of Swiss-EU mobility law and hands-on experience across multiple cantons, we are well placed to support you at every stage of your family reunification journey.

Family Reunification for Unmarried Partners of EU Citizens

Unlike spouses and registered partners, unmarried or de facto partners do not benefit from an automatic right to join EU citizens under the AFMP. Nevertheless, Swiss authorities may grant a residence permit to an unmarried partner on the basis of a durable relationship where a high level of personal or financial interdependence can be demonstrated. This possibility derives from a broad interpretation of Annex I, Article 3(2) AFMP, read in conjunction with Articles 30 FNIA and 31 OASA, which allow for exceptional admission on humanitarian or other compelling personal grounds.

To be eligible under this discretionary route, the relationship must be stable and well-established. While there is no statutory minimum duration, relationships lasting two years or more and characterised by cohabitation or regular visits are more likely to qualify. Evidence of shared life should be comprehensive and persuasive. This typically includes joint tenancy agreements, shared utility bills, joint bank accounts, photos of the couple together, travel history, and correspondence over time.

Where the application is based on dependency, detailed medical or psychological reports should be submitted to demonstrate the nature and extent of the dependency. This may include chronic illness, mental health vulnerabilities, or physical disabilities that render one partner dependent on the other for daily care or emotional support. Swiss migration authorities assess these cases stringently, and the burden of proof lies heavily on the applicant.

The SEM Directives, which guide cantonal decision-making, advise that such discretionary permits should be issued only where refusing the application would result in a significant hardship or would infringe the couple’s right to family life under Article 8 of the European Convention on Human Rights (ECHR). Even if granted, the resulting residence permit is often time-limited and subject to renewal based on continued cohabitation and integration.

Given the legal complexity and evidentiary demands of such applications, legal advice is highly recommended. Successful applications typically involve a detailed submission addressing each of the SEM’s discretionary criteria, with appropriate documentary support and legal argumentation.

At Richmond Chambers Switzerland, we assist unmarried partners of EU citizens with preparing strong and persuasive residence applications based on a durable relationship. While there is no automatic right to reunification under the AFMP, we can offer expert guidance on the legal framework that allows for discretionary admission under Annex I, Article 3(2) AFMP, in conjunction with Articles 30 FNIA and 31 OASA.

Our team can help you compile comprehensive evidence of a stable, marriage-like partnership - such as joint tenancy agreements, financial interdependence, cohabitation history, travel records, and regular contact. Where the application involves medical or emotional dependency, we can assist in obtaining detailed assessments that support the humanitarian basis for the request.

We prepare carefully structured legal submissions that address the SEM Directives, cantonal practices, and relevant human rights considerations under Article 8 ECHR. If questions arise about the credibility of the relationship or the sufficiency of evidence, we can provide practical solutions and represent you in correspondence with the authorities or during appeal proceedings.

With experience in handling complex, discretionary applications across multiple cantons, we are well placed to guide you through this sensitive process and maximise your chances of a successful outcome.

Family Reunification for Fiancés of EU Citizens

EU citizens resident in Switzerland may invite their fiancé(e) to enter the country in order to marry. This is facilitated through a visa for the purpose of marriage, which is typically valid for up to 90 days. During this time, the couple must complete the legal formalities of marriage and register the union with the competent civil registry office.

The application process begins with the submission of a declaration of intent to marry, along with supporting documentation such as birth certificates, civil status documents, and identity papers. The civil registry will conduct a pre-marriage check and issue a certificate confirming that the marriage may proceed. This certificate is a prerequisite for obtaining the marriage visa.

Applicants must demonstrate a genuine intention to marry within the validity of the visa. Evidence may include prior travel records, communication history, photos, and booking confirmations for the wedding ceremony. The EU citizen sponsor must also show that they can provide suitable accommodation and financial support for their fiancé(e) during the stay.

Once the marriage is solemnised in Switzerland, the foreign spouse may apply for a residence permit under the AFMP. This application is submitted to the cantonal migration office along with the marriage certificate, a copy of the partner’s residence permit, and proof of cohabitation and financial means. Upon approval, the foreign spouse will receive a B permit with residence and work rights.

If the couple does not marry within the visa period or if the applicant overstays, they risk removal orders and entry bans under Swiss immigration law. It is essential to plan the timing and formalities carefully and to seek professional guidance to ensure compliance.

At Richmond Chambers Switzerland, we provide expert legal support to EU citizens residing in Switzerland who wish to bring their fiancé(e) to the country to marry and settle together. We guide couples through the full process - from preparing the initial declaration of intent to marry, to securing the marriage visa and transitioning to a residence permit under the AFMP after the wedding.

Our team assists with gathering and submitting all required documentation, including birth certificates, civil status records, accommodation details, and financial evidence. We ensure that the application clearly demonstrates a genuine intention to marry and meets the formal requirements set by the Swiss civil registry and cantonal authorities.

Once the marriage has taken place, we can help prepare a strong and well-documented residence permit application - covering proof of marriage, cohabitation, and financial self-sufficiency. If there are any delays, unexpected changes, or risks of overstaying, we can provide practical legal solutions to minimise the risk of removal or re-entry bans.

With a detailed understanding of Swiss-EU immigration procedures and cantonal variations, we are well placed to support fiancé(e)s of EU citizens through each step of this time-sensitive and often complex process.

Family Reunification for Minor Children of EU Citizens

Under the terms of Annex I, Article 3(2) of the AFMP, EU citizens lawfully residing in Switzerland may be joined by their minor children. This includes biological, adopted, and stepchildren under the age of 21. Children aged 21 or older may also qualify where they are demonstrably financially dependent on the EU citizen sponsor.

The right to family reunification with children is grounded in both treaty law and fundamental human rights, particularly Article 8 ECHR and the Convention on the Rights of the Child, to which Switzerland is a party. The child must intend to reside with the sponsoring EU parent in Switzerland. Where the child has another legal parent, consent to relocate may be required.

In order to obtain approval, the sponsor must demonstrate access to suitable accommodation and sufficient financial means to support the child. Documents such as rental contracts, payslips, bank statements, and child maintenance records may be requested. Additionally, the sponsor must provide documentation confirming the parental relationship, such as a birth certificate, and evidence of ongoing contact and care, particularly where the child has been living abroad for an extended period.

Upon arrival in Switzerland, the child must be enrolled in local schools. Swiss cantons are legally required to provide access to compulsory education, including special integration support for children unfamiliar with a national language. Most cantons offer welcome classes, language immersion programmes, and school liaison officers to assist with integration and monitor the child’s progress.

Applications for child reunification should be submitted within five years of the EU citizen’s arrival in Switzerland or within twelve months of the child’s twelfth birthday. Applications made outside these timeframes may only be considered if justified by compelling circumstances or where refusal would disproportionately interfere with family life.

At Richmond Chambers Switzerland, we assist EU citizens living in Switzerland with family reunification applications for their minor children under Annex I, Article 3(2) of the AFMP. Whether you are seeking to reunite with biological, adopted, or stepchildren, we provide clear and expert guidance on the legal requirements and evidentiary standards that apply.

Our team can help you prepare a well-documented application that includes proof of the parental relationship, consent from the other parent where necessary, and evidence of suitable accommodation and financial means. Where children have been living abroad or are arriving after a long separation, we can assist in compiling records of ongoing contact and support to demonstrate continuity of care.

We also advise on post-arrival obligations, including school enrolment and integration requirements. If needed, we can guide you in working with cantonal education authorities to access welcome classes and language support, helping your child integrate smoothly into Swiss society.

If your application is submitted outside the standard timeframe, or if complications arise - such as missing documents or questions around legal custody - we offer practical legal solutions and can represent you in liaising with cantonal authorities or in appeal proceedings.

With a deep understanding of Swiss family reunification law, EU-Swiss mobility rights, and cantonal procedures, we are well placed to support you in securing your child’s lawful residence and education in Switzerland.

Family Reunification for Dependent Adult Relatives of EU Citizens

EU citizens residing in Switzerland may also seek to be joined by certain dependent adult relatives, including elderly parents or adult children, under the terms of Annex I, Article 3(2)(b) of the AFMP. However, this route is subject to a significantly higher evidentiary threshold and is assessed on a case-by-case basis.

The applicant must be demonstrably financially, physically, or emotionally dependent on the EU citizen sponsor. This dependency must exist prior to the application and must not have been artificially created for the purpose of securing immigration status. In practice, such applications are usually based on advanced age, chronic illness, disability, or serious mental health conditions.

The Swiss authorities will require extensive evidence to substantiate the dependency. This includes medical certificates, disability assessments, letters from social services in the home country, and declarations from other relatives indicating an inability to provide care. In addition, the EU citizen sponsor must show that they have played a substantial caregiving role through financial support, caregiving visits, or long-distance coordination of care.

Even if approved, the resulting permit is often limited in scope and duration, and may come with conditions such as restricted geographical movement, mandatory health insurance, and regular medical reviews. In some cases, the permit granted may be of a humanitarian nature rather than a standard family reunification status.

Due to the exceptional and highly discretionary nature of such applications, success rates are relatively low unless the application is supported by a highly detailed and persuasive dossier. Legal representation is essential to ensure that all relevant evidence is marshalled and that the application is framed in accordance with both the AFMP and Switzerland’s human rights obligations under the ECHR.

At Richmond Chambers Switzerland, we provide expert legal advice and representation to EU citizens seeking to bring dependent adult relatives - such as elderly parents - to join them in Switzerland under Annex I, Article 3(2)(b) of the AFMP. We understand the complexity and high evidentiary threshold involved in these applications and are here to guide you through every step.

Our team can assist you in preparing a thorough and well-documented application that clearly demonstrates the relative’s financial, physical, or emotional dependency. We work closely with medical professionals, care providers, and social services to obtain the necessary supporting evidence - such as health assessments, care plans, and statements from other family members.

We also advise on how to show that the EU citizen sponsor has played an active caregiving role, including financial transfers, travel history, and coordination of long-distance support. Where needed, we prepare structured legal submissions that address both the requirements of the AFMP and relevant human rights protections under Article 8 ECHR.

If the application is approved with limited or humanitarian status, we can help you understand the conditions of the permit and advise on renewals or upgrades. In the event of a refusal, we offer strategic advice and representation in appeals before cantonal or federal authorities.

Given the highly discretionary nature of these applications, expert legal support can make a significant difference. With a deep understanding of the AFMP, SEM guidelines, and Swiss administrative practice, we are well placed to help you present the strongest possible case for family reunification.

How Richmond Chambers Switzerland Can Help

At Richmond Chambers Switzerland, we specialise in supporting EU and EFTA citizens living in Switzerland with every aspect of the family reunification process. Whether you are seeking to bring a spouse, partner, child, or dependent adult relative to join you, or you are a family member applying to reunite with your loved one in Switzerland, we offer clear, expert guidance grounded in both the Agreement on the Free Movement of Persons (AFMP) and relevant Swiss law.

Our team can provide:

• Tailored legal advice based on your immigration status, permit type (B or C), and family circumstances;

• Step-by-step support with preparing and submitting a complete and persuasive application, including assistance with all necessary documents - from marriage and birth certificates to proof of accommodation, financial means, and cohabitation;

• Strategic solutions for complex or discretionary applications involving unmarried partners, fiancé(e)s, long-term separation, or dependency due to health, age, or other humanitarian factors;

• Post-approval assistance, including guidance on integration requirements, permit renewals, and the transition to permanent residence (C permit);

• Representation in appeals and communication with cantonal authorities, where applications are delayed, questioned, or refused.

We understand the legal distinctions between automatic rights and discretionary admissions, and we have extensive experience navigating cantonal variations in how reunification applications are assessed and processed.

With a proven track record of success, deep knowledge of Swiss-EU mobility law, and a practical, client-focused approach, Richmond Chambers Switzerland is well placed to help you bring your family together and establish your life in Switzerland.

For personalised legal advice and expert representation in your Swiss family reunification application, call our Swiss immigration lawyers on +41 21 588 07 70 or complete the enquiry form below.