FAMILY REUNIFICATION FOR FAMILY MEMBERS OF NON-EU NATIONALS LIVING IN SWITZERLAND WITH AN L PERMIT, B PERMIT OR C PERMIT

Family reunification rights for third-country nationals in Switzerland - those who are not citizens of Switzerland or the EU/EFTA - are governed by the Federal Act on Foreign Nationals and Integration (FNIA). The rules and conditions vary depending on the type of residence permit held by the sponsor (L (short-term residence), B (residence), or C (settlement)) and the nature of the family relationship. While the right to family reunification is recognised, the process is more restrictive than for Swiss or EU/EFTA citizens and subject to careful scrutiny by the cantonal and federal authorities.

If you are a non-EU national national living in Switzerland and wish to bring your spouse, children, or, in exceptional cases, other dependent relatives to join you, it is vital to understand the legal criteria you must meet. These typically include demonstrating sufficient financial resources, appropriate accommodation, and, in some cases, compliance with integration measures such as language skills or willingness to participate in integration programmes. Application timelines and procedural requirements will differ based on your residence status and the age and relationship of the family member you wish to sponsor.

At Richmond Chambers Switzerland, we provide expert legal advice and representation to third-country nationals navigating the Swiss family reunification process. Whether you are applying to reunite with a partner, child, or dependent relative, we can assess eligibility, help you gather the necessary documentation, and guide you through each step of the application.

Family Reunification for Family Members of Non-EU Nationals Living Lawfully in Switzerland with an L, B or C Permit

Family Reunification for Spouses and Registered Partners of Non-EU Nationals

Family reunification for the spouses and registered partners of non-EU nationals is governed by Article 43-45 FNIA. These provisions allow individuals holding a short-stay, residence or settlement permit to be joined by their legally married or registered partner, provided specific criteria are met.

The relationship must be legally valid, ongoing, and not entered into for immigration purposes. The couple must intend to live together in a shared household in Switzerland. Authorities will require the submission of a valid marriage or registered partnership certificate, along with documentation demonstrating cohabitation intentions, such as a joint tenancy agreement or proof of shared housing.

The sponsor must be able to accommodate the family member appropriately, according to cantonal housing standards, and must demonstrate adequate financial means to support the reunified partner. This entails submitting payslips, employment contracts, tax declarations, and potentially proof of savings or other income sources. The authorities assess financial sufficiency based on the local cost of living and household size, although there is no universally fixed income threshold.

In addition, the incoming spouse may be required to demonstrate a minimum level of language proficiency. Under the revised FNIA provisions of 2019, third-country nationals seeking reunification may need to show A1-level oral proficiency in the local language (German, French, or Italian) at the time of application, or commit to acquiring it soon after arrival. This requirement is enforced through integration agreements entered into with cantonal authorities, and accepted certificates include the FIDE language passport and recognised international diplomas.

Upon approval, the spouse typically receives a B permit if joining a B or C permit holder, or an L permit in the case of reunification with a short-term resident. The permit usually includes the right to work. The residence permit is generally valid for one year and renewable annually, provided the marital relationship remains intact and integration obligations are fulfilled.

After five years of continuous residence, the foreign spouse may apply for a C permit, subject to language and integration requirements. However, this is not automatic and depends on individual circumstances, including absence of social assistance, good conduct, and stable residence history.

Applications must be submitted to the cantonal migration office in the sponsor’s place of residence. If the spouse resides abroad, the application process must begin through the competent Swiss representation, and the applicant may be required to attend a visa interview. Processing times vary but generally range from two to six months depending on the canton and complexity of the case.

At Richmond Chambers Switzerland, we specialise in helping spouses and registered partners of third-country nationals reunite in Switzerland under Articles 43-45 FNIA. 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 marriage or partnership certificates, tenancy agreements, payslips, and tax records - are complete, accurate, and persuasive. Where language requirements apply, we can advise on accepted A1-level certificates or guide you in fulfilling integration obligations through recognised agreements with the cantonal authorities.

If any complications arise - such as questions about the authenticity of the relationship, missing documentation, or delays due to cantonal procedures - we offer practical legal solutions and can represent you in dealing with the migration office or appealing a refusal.

With in-depth knowledge of Swiss immigration law and extensive 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 Non-EU Nationals

Swiss law does not generally provide for family reunification rights for unmarried or de facto partners of third-country nationals. However, in exceptional circumstances, residence may be granted on humanitarian or personal hardship grounds under Article 30 FNIA and Article 31 OASA. This discretionary route requires a strong factual and evidential foundation and is not intended to serve as a substitute for formal family reunification.

To be considered, the relationship must be durable and exhibit a degree of stability equivalent to a marriage or registered partnership. Authorities will examine factors such as cohabitation duration, shared financial responsibilities, mutual support, and whether the couple has a common child. A long-standing relationship with substantial interdependence - emotional, financial, or practical - is a prerequisite for serious consideration.

Applicants must submit a comprehensive portfolio of evidence, which might include joint lease agreements, shared utility bills, joint bank statements, photographs, travel history, and personal correspondence. If the request is based on dependency, detailed medical or psychological assessments must establish the nature and severity of the dependency and demonstrate that alternative care arrangements in the country of origin are not viable.

Even where these criteria are met, the issuance of a permit remains discretionary and is subject to cantonal evaluation. If granted, the resulting permit is likely to be short-term (L or B permit), initially limited to one year, and subject to renewal based on continued cohabitation and integration performance. Work authorisation may be granted at the discretion of the cantonal labour market authorities.

Due to the exceptional and discretionary nature of such applications, it is strongly advisable to seek specialist legal advice. Well-argued and evidence-rich submissions aligned with SEM Directives and ECHR jurisprudence are essential to maximise the chances of approval.

At Richmond Chambers Switzerland, we specialise in assisting unmarried partners of third-country nationals with applications for residence under the exceptional provisions of Article 30 FNIA and Article 31 OASA. We offer clear, expert guidance on the legal and evidentiary standards required to demonstrate a durable, marriage-like relationship or compelling humanitarian grounds.

Our team can help you prepare a strong and well-documented application, ensuring that all supporting materials - such as joint tenancy agreements, financial records, personal correspondence, photographs, and travel history - are complete, credible, and persuasive. Where the application is based on medical or psychological dependency, we will work with you to obtain detailed assessments that clearly evidence the need for continued cohabitation in Switzerland.

If issues arise - such as doubts about the seriousness of the relationship, insufficient documentation, or complex cantonal interpretations - we can provide practical legal solutions and can represent you in liaising with the migration authorities or appealing an adverse decision.

With in-depth knowledge of Swiss immigration law, SEM Directives, and cantonal discretionary practices, we are well placed to guide you through this sensitive and highly discretionary process, helping to give your application the strongest possible chance of success.

Family Reunification for Fiancés of Non-EU Nationals

Switzerland does not recognise fiancés of non-EU nationals as beneficiaries of family reunification rights. However, foreign nationals may apply for a short-stay visa (visa D for marriage preparation) to enter Switzerland for the purpose of marrying a third-country national who is lawfully resident in the country.

This visa is typically valid for 90 days and permits the applicant to legally reside in Switzerland to complete marriage formalities. The process begins with the sponsor and applicant jointly registering their intention to marry with the civil registry in the canton where the sponsor resides. The civil registry will verify the couple’s legal capacity to marry and issue a confirmation once all documentary requirements are met.

The visa application must be accompanied by evidence of the intended marriage, including the civil registry confirmation, as well as proof of the relationship’s authenticity and the sponsor’s ability to provide accommodation and financial support during the applicant’s stay.

Once the marriage has been concluded within the 90-day period, the foreign spouse must apply for a residence permit under Article 43 FNIA. The transition from visa to residence permit involves registering the marriage with the cantonal migration office and submitting a comprehensive application including the marriage certificate, evidence of cohabitation, financial documentation, and language proficiency if required.

If the marriage is not concluded within the visa period or if the applicant overstays, they risk being subject to removal and possible future entry bans. Therefore, careful planning, legal compliance, and timely submission of documents are critical to a successful outcome.

At Richmond Chambers Switzerland, we assist third-country nationals and their fiancé(e)s with the legal process of entering Switzerland to marry and transitioning to lawful residence. While fiancé(e)s are not entitled to family reunification rights, we can offer expert guidance on securing a marriage preparation visa and navigating the legal requirements under Swiss immigration law.

Our team can assist you in preparing a clear and well-supported visa application, ensuring that all required documents - including the civil registry confirmation, proof of accommodation, financial support, and relationship authenticity - are complete, accurate, and persuasive. We can also advise on the civil registry process and help ensure that both parties meet the legal capacity requirements for marriage in Switzerland.

Once the marriage has taken place, we cam guide you through the transition to a residence permit under Article 43 FNIA. This includes preparing a detailed permit application with the marriage certificate, cohabitation evidence, financial documentation, and, where necessary, language proficiency certificates.

If any issues arise - such as delays in the marriage registration, questions about the relationship, or concerns about compliance - we can offer practical legal solutions and can liaise with cantonal authorities to protect your rights and avoid adverse consequences such as visa expiry or re-entry bans.

With in-depth knowledge of Swiss immigration law and experience handling both visa and post-marriage permit processes, we are well placed to support you at every step of your journey to building a life together in Switzerland.

Family Reunification for Minor Children of Non-EU Nationals

Family reunification for minor children is provided under Article 43(1)(c) and Article 44 FNIA, and applies to children under the age of 18 who are unmarried. The sponsoring parent must hold a B or C permit, or in certain cases an L permit of sufficient duration to justify reunification.

The child must intend to reside with the parent in Switzerland. The sponsor must demonstrate adequate accommodation and sufficient financial means to support the child without resorting to social assistance. Required documents typically include the child’s birth certificate, custody or guardianship documents (if applicable), and proof of ongoing care or contact where the child has lived separately for some time.

Applications must be submitted within five years of the sponsor acquiring residence in Switzerland or, for children over 12, within twelve months of their twelfth birthday.

Applications made outside these windows are considered late and may be rejected unless the sponsor can show a justified delay or that refusal would cause disproportionate hardship contrary to Article 8 ECHR.

Upon arrival, children must be enrolled in a Swiss school without delay. Integration into the education system is mandatory, and cantons typically provide language support and special integration programmes. Compliance with school attendance and cooperation with integration services is essential for continued residence.

The child is generally granted the same type of permit as the sponsoring parent. For example, if the parent holds a B permit, the child will also receive a B permit. These permits usually include the right to education and, in the case of older teenagers, eventual access to vocational training.

At Richmond Chambers Switzerland, we assist third-country nationals living in Switzerland with family reunification applications for their minor children under Articles 43 and 44 FNIA. We offer clear, expert guidance on the legal requirements, evidentiary standards, and time-sensitive application rules involved in bringing children to join their parent in Switzerland.

Our team can assist you in preparing a strong and well-documented application, ensuring that all supporting materials - such as birth certificates, custody documents, financial evidence, and proof of accommodation - are complete, accurate, and persuasive. Where the child has been living separately for an extended period, we can help compile records of ongoing contact and parental support to demonstrate a continuing family bond.

We also advise on critical time limits for reunification applications and provide strategic legal solutions if the application is submitted late or if there are concerns around hardship or compliance with Article 8 ECHR.

With in-depth knowledge of Swiss immigration law, cantonal integration expectations, and the practical realities of family life, we are well placed to help you secure your child’s lawful residence and educational future in Switzerland.

Family Reunification for Dependent Adult Relatives of Non-EU Nationals

Reunification with dependent adult relatives, such as elderly parents or adult children, is only permitted under Article 44 FNIA in cases of serious personal hardship. This provision is interpreted restrictively and intended to apply in exceptional circumstances where the applicant cannot be cared for in their home country and is genuinely dependent on the Swiss-based relative for support.

The applicant must demonstrate a high level of dependency, usually arising from age, disability, chronic illness, or other health-related factors. Evidence must include medical reports, statements from healthcare professionals, proof of lack of institutional care in the country of origin, and declarations from other family members confirming that they are unable to provide assistance.

Additionally, the sponsor must establish that they have an existing and substantial caregiving relationship with the applicant. This may be shown through past financial support, caregiving visits, or coordination of care across borders. Emotional ties alone are insufficient; the sponsor must play an active and indispensable role in the relative’s wellbeing.

If the application is approved, the relative is typically granted a residence permit with strict conditions, such as limited validity, geographic restrictions, or ongoing medical supervision. In many cases, only provisional or humanitarian status is granted rather than a full residence permit.

Given the rarity of successful outcomes and the evidentiary rigor required, applications under this route should be prepared with professional legal assistance. Arguments based on Article 8 ECHR and Switzerland’s obligations under international law must be carefully articulated to demonstrate that refusal would result in an unjustifiable interference with family life.

At Richmond Chambers Switzerland, we assist third-country nationals seeking to reunite with dependent adult relatives - such as elderly parents - under the exceptional provisions of Article 44 FNIA. We offer clear, expert guidance on navigating this restrictive and highly discretionary immigration route.

Our team can assist you in preparing a detailed and well-evidenced application, ensuring that all supporting documentation - such as medical reports, care assessments, statements from healthcare professionals, and declarations from other relatives - is comprehensive, accurate, and compelling. We can also help demonstrate the sponsor’s active caregiving role through proof of financial support, care coordination, and ongoing involvement in the applicant’s wellbeing. Where appropriate, we can draft legal submissions grounded in Article 8 ECHR and relevant international obligations to highlight the humanitarian necessity of family reunification and the disproportionate hardship that refusal would cause.

If the application is approved, we can provide continued support with understanding and complying with the conditions of the residence permit - whether it is provisional, humanitarian, or subject to medical oversight. If the application is refused, we can offer strategic advice on appeal options and represent you throughout the process.

With deep experience in handling complex, discretionary family reunification cases, we are well placed to guide you through this challenging process and help you build the strongest possible case for reuniting with a dependent adult family member in Switzerland.

How Richmond Chambers Switzerland Can Help

At Richmond Chambers Switzerland, we specialise in helping non-EU nationals navigate the complex and often demanding process of family reunification in Switzerland. Whether you are seeking to bring your spouse, unmarried partner, fiancé(e), minor child, or dependent adult relative to join you, we offer clear, expert guidance tailored to your residence status—whether L, B or C permit - and your family’s individual circumstances.

We assist clients with:

• Assessing eligibility under the relevant provisions of the Federal Act on Foreign Nationals and Integration (FNIA) and supporting legislation;

• Preparing strong and well-documented applications, ensuring that all evidence - whether related to financial means, accommodation, family relationships, cohabitation, or medical dependency - is complete, accurate, and aligned with cantonal and federal expectations;

• Advising on integration and language requirements, including guidance on recognised certificates and compliance with cantonal integration agreements;

• Providing strategic legal solutions for complex or discretionary applications, such as those involving humanitarian grounds, unmarried partners, or late submissions;

• Supporting you after reunification, including with school enrolment, integration support, and transitions from short-term or provisional permits to longer-term residence.

Where applications are delayed, refused, or subject to additional scrutiny, we represent clients in all communications with the cantonal authorities and provide legal support during the appeal process. Our team is deeply familiar with the practical differences between cantons, the evolving interpretations of SEM Directives, and the importance of Article 8 ECHR in cases involving personal hardship or long-standing family ties.

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.