Bringing family members to Switzerland despite a pending procedure

How, and whether, family members can be brought to Switzerland depends greatly on your own residence status. This article sets out the most important situations — from recognition as a refugee to provisional admission.

Family asylum for recognised refugees

Anyone who is recognised as a refugee in Switzerland and has been granted asylum can bring close family members to Switzerland through what is known as family asylum. The basis is Art. 51 AsylG. As a rule, spouses and registered partners and their minor children are covered; situations going beyond this may become relevant in individual cases on the basis of Art. 8 ECHR (right to respect for family life).

Reunification deadlines under Art. 47 AIG

For family reunification under immigration law, deadlines under Art. 47 of the Federal Act on Foreign Nationals and Integration (AIG, SR 142.20) also apply:

• 5 years for the reunification of spouses and of children up to 12 years
• 12 months for the reunification of children over 12 years

If the deadline is missed, reunification is possible only where there are important family reasons — the requirements for the justification then rise noticeably.

Specifics for provisional admission and Protection Status S

Stricter requirements apply to persons with provisional admission (Permit F) than to recognised refugees, including longer waiting periods and additional economic requirements. For persons with Protection Status S, family reunification is regulated separately in Art. 85c AIG and is, in practice, designed more generously than for provisional admission.

Which evidence is required?

In practice, the authorities regularly require:

• Identity and civil status documents of the family members to be brought
• Proof of the family relationship (marriage and birth certificates)
• Depending on status: proof of sufficient financial means and of suitable housing

Where original documents from the country of origin are missing, alternative evidence (e.g. DNA reports for parentage, a credible account of the facts) must be examined in the individual case.

Why early clarification is worthwhile

Because the deadlines under Art. 47 AIG begin to run from a certain point in time, the starting position worsens with every month of delay. An early assessment of which legal route (family asylum or reunification under immigration law) is right in the specific case can be decisive.