This module covers family reunification by a Swiss national in favour of family members of foreign nationality. The material formerly misclassified under this heading on the Ci permit for family members, filed in an earlier SIP-v3 content inventory, is abrogated as to its content: it wrongly treated the Ci permit as a permit for family members of Swiss nationals.
Correction (binding):
- The Ci permit is a special permit for accompanying persons of foreign nationality (spouses, registered partners, minor children) of staff of international organisations and foreign representations in Switzerland, governed by the Host State Act (HSA, SR 192.12) and by Art. 45 OASA. It is NOT a permit type for the ordinary family constellation with a Swiss person. See the Ci permit for accompanying persons of international organisations.
- The B residence permit under Art. 42 FNIA is the standard permit class for family members of foreign nationality (spouse, minor children, under certain conditions parents, stepchildren, registered partners) of a Swiss person. It is granted by virtue of a legal entitlement and is convertible after 5 years into a C settlement permit (Art. 42 para. 3 FNIA).
Wherever older SIP content used the term "Ci permit for the family of a Swiss person", this is terminologically incorrect and has been replaced by the correct classification documented here.
Cross-link for the distinction: the Ci permit for accompanying persons of international organisations.
1. Overview — who falls under Art. 42 FNIA?
Art. 42 FNIA (Federal Act on Foreign Nationals and Integration, SR 142.20) governs family reunification by Swiss nationals. The provision confers on family members of foreign nationality a legal entitlement to a B residence permit, provided the conditions set out in Art. 42 FNIA and in the accompanying provisions (Art. 43 et seq. FNIA, Art. 73 et seq. OASA) are met.
Categories of persons entitled (Art. 42 FNIA in conjunction with supplementary provisions):
- Spouse of the Swiss person (Art. 42 para. 1 FNIA)
- Unmarried minor children under 18 years of age of the Swiss person (Art. 42 para. 1 FNIA)
- Registered partner of the Swiss person (Art. 52 FNIA in conjunction with the SPA SR 211.231; since the "marriage for all" reform of 1.7.2022, also same-sex spouse)
- Stepchildren in patchwork constellations (Art. 42 para. 1 in conjunction with Art. 75 OASA — see section 5)
- Parents and other relatives in the ascending line of the Swiss person only under the strict conditions of Art. 42 para. 2 FNIA (third-State/AFMP clause; see section 9)
Important: the resulting permit is a B residence permit bearing the note "Residence with Swiss spouse" or "Family reunification under Art. 42 FNIA". It is not a Ci permit (cf. clarification, section 0). It is also not a C settlement permit at first issuance — the C settlement permit only comes into consideration after 5 years of lawful residence and integration, in the form of so-called "early settlement" (Art. 42 para. 3 FNIA).
2. FNIA Art. 42 — close-to-text rendering
Art. 42 FNIA — Family members of Swiss nationals:
Para. 1: Foreign spouses and unmarried children under 18 years of age of Swiss nationals are entitled to be granted a residence permit and to have its validity extended if they live with the Swiss national.
Para. 1bis: Where residence continues after the dissolution of the family unit, as well as where important reasons justify separate residences, Art. 49 applies by analogy.
Para. 2: Foreign family members of Swiss nationals are entitled to be granted a residence permit and to have its validity extended if they hold a permanent residence permit issued by a State with which an agreement on the free movement of persons has been concluded. Family members are deemed to be:
- (a) the spouse and relatives in the descending line who are under 21 years of age or who are dependent on the Swiss national;
- (b) the Swiss national's own relatives, and the relatives of the spouse, in the ascending line who are dependent on the Swiss national.
Para. 3: After lawful and uninterrupted residence of five years, the spouse is entitled to be granted a settlement permit if the integration criteria set out in Art. 58a are met.
Para. 4: Children under twelve years of age are entitled to be granted a settlement permit.
Source (binding): Fedlex AIG SR 142.20 — https://www.fedlex.admin.ch/eli/cc/2007/758/de
Note: the rendering above is summarised by analogy and does not reproduce the full official wording. Only the wording of Art. 42 FNIA (SR 142.20) as consolidated on Fedlex at the relevant reference date is authoritative. Any changes to the wording occurring between the date of application of 01.01.2024 and the date of reading are to be verified on Fedlex (https://www.fedlex.admin.ch/eli/cc/2007/758/de).
Reading aid for the structure of the provision:
- Para. 1 is the main case of application — spouse and minor own children of the Swiss person.
- Para. 2 privileges further family members (in particular parents, adult children up to 21, or subject to dependency), provided they come from an AFMP State with a permanent permit — a very narrow special rule with a Union-law background.
- Paras. 3 and 4 govern early settlement: spouse after 5 years with integration, children under 12 years of age directly.
3. Who is entitled to family reunification? — categories of persons in detail
3.1 Spouse of the Swiss person
Spouses of Swiss nationals are the principal addressees of Art. 42 para. 1 FNIA. The entitlement exists irrespective of the nationality of the foreign spouse (third State or AFMP State). The permit is granted provided that there is living together and no grounds for revocation are present (Art. 51 FNIA).
Cross-link to the upstream and downstream procedure: Marriage to a Swiss national.
3.2 Registered partners and same-sex spouses
Art. 52 FNIA assimilates the registered partnership (SPA, SR 211.231) to marriage with respect to family reunification. Registered partners of foreign nationality of a Swiss person therefore also fall under the entitlement of Art. 42 FNIA.
Since the entry into force of "marriage for all" on 1.7.2022, same-sex marriage has been legally assimilated to different-sex marriage. New partnerships may be established, at choice, either as a registered partnership (for partnerships already existing in the SPA form: option to retain) or as a marriage. Existing registered partnerships may, upon application, be converted into marriage (conversion declaration before the civil registry office).
Consequences for family reunification: both forms — registered partnership and marriage — confer the entitlement under Art. 42 FNIA. There is no disadvantage in this respect under the law on foreign nationals.
3.3 Unmarried minor children under 18 years of age
Unmarried children under 18 years of age of Swiss nationals likewise have, under Art. 42 para. 1 FNIA, a legal entitlement to the B residence permit. Children under 12 years of age receive in this respect directly the C settlement permit (Art. 42 para. 4 FNIA) — without a 5-year waiting period.
Adult children in education: the entitlement under Art. 42 para. 1 FNIA expressly covers only unmarried children under 18 years of age. On reaching the age of majority, the family-reunification entitlement under the law on foreign nationals pursuant to Art. 42 para. 1 FNIA lapses — ongoing initial education (apprenticeship, studies) does not establish any extension of this entitlement under federal law. Whether adult children in education who already hold a permit may be retained therein is assessed under the general law on permits and lies within cantonal discretion; the SEM Directives FNIA (chap. 6) and the practice of the competent cantonal migration office are decisive.
Cross-link: Birth of a child in Switzerland (for birth; see section 8 on automatic Swiss nationality at birth).
3.4 Stepchildren in patchwork families
Stepchildren of the Swiss person — that is, the biological children of the foreign spouse from a previous relationship — are allocated to family reunification under Art. 42 para. 1 FNIA by virtue of the stepchild relationship established through the legally valid marriage, provided that (a) the stepchild relationship exists through the legally valid marriage with the Swiss person, (b) the custody right or the care arrangement permits the reunification, and (c) the stepchild is a minor and unmarried. There is no autonomous "stepchildren" provision in the OASA; the entitlement-creating element of Art. 42 para. 1 FNIA and the general procedural provisions are decisive.
Custody question: in the case of joint custody with the other parent remaining abroad, that parent's declaration of consent is regularly required (apostille / recognition). In the case of sole custody of the foreign spouse to be reunited, this requirement does not apply.
Time limit: the rigid 5-year or 12-month time limit under Art. 47 FNIA is also to be observed here. Where the reunification of a child is invoked subsequently, i.e. after the expiry of these time limits, a permit only comes into consideration in the presence of important family reasons (Art. 47 para. 4 FNIA; concretised at ordinance level in Art. 75 OASA [SR 142.201] — "Important family reasons for a subsequent family reunification of children"). See section 6.
3.5 Parents of the Swiss person — special case of Art. 42 para. 2 FNIA
The possibility of reuniting parents or other relatives in the ascending line of the Swiss person is strongly restricted. Art. 42 para. 2 FNIA confers an entitlement only where the parents "hold a permanent residence permit issued by a State with which an agreement on the free movement of persons has been concluded" — that is, an EU/EFTA State.
For parents from pure third States with no AFMP connection, Art. 42 FNIA provides for no entitlement. The practice here is restrictive and relies, where applicable, on Art. 30 FNIA (hardship case) or on convention-law arguments (Art. 8 ECHR, respect for family life — narrowly construed by the Federal Supreme Court for adult relatives). Cross-link to the hardship-case provision under Art. 30 FNIA.
Detailed conditions: see section 9 below. Anti-scope: SIP-v3 gives no prognosis of success and no strategic advice for parent-reunification applications.
4. Conditions for the B residence permit under Art. 42 FNIA
4.1 Living together
Art. 42 para. 1 FNIA requires the living together of the family members with the Swiss anchor person. Marital cohabitation at the same domicile is the rule. Exceptions are only possible by way of Art. 49 FNIA: important reasons (professional obligations, schooling reasons of the children, health reasons), the marital union, however, having to continue to exist.
4.2 Existing family unit
Beyond mere living together, an actually lived family unit must exist. For spouses, the Federal Supreme Court examines its existence on the basis of objective indications (BGE 137 II 281; BGE 130 II 113). For children, the focus is on the actual care and custody; purely formal custody constructions without a lived family relationship may be questioned where there is suspicion.
4.3 No grounds for revocation (Art. 51 FNIA)
Art. 51 paras. 1 and 2 FNIA enumerates the grounds for lapse and revocation exhaustively:
- Abusive invocation of the entitlement, in particular to circumvent the admission provisions of the law on foreign nationals (sham marriage / sham partnership / feigned parent-child relationship).
- Grounds for revocation under Art. 63 FNIA: long-term custodial sentence, serious endangerment of public security and order, lasting and substantial dependence on social assistance.
4.4 Language competences — issuance and extension
In family reunification, a distinction must be drawn between the different bases of entitlement, because the language requirement is anchored in a dogmatically different way:
- Art. 43 para. 1 let. d FNIA expressly requires proof of language competence (or registration for language promotion) for family reunification with persons holding a settlement permit; a parallel rule for family reunification with B-permit holders is contained in Art. 44 FNIA. At ordinance level this is concretised in Art. 73a OASA (SR 142.201), which, according to its wording, refers to Art. 43 and Art. 44 FNIA — thus precisely not to the Art. 42 FNIA relevant here.
- For family reunification with the spouse of a Swiss person under Art. 42 FNIA, the law provides for no express, autonomous language-proof hurdle at the first issuance of the B residence permit, along the lines of Art. 43/44 FNIA.
- Art. 58a FNIA defines the integration criteria in general terms and is also to be taken into account when issuing and extending the permit — including the ability to communicate in a national language. From this follows the importance of language acquisition at the latest for the extension and for the early settlement under Art. 42 para. 3 FNIA (on the level required there, see section 11).
Decisive practice: how the integration criteria are handled in detail upon issuance and extension is governed by the SEM Directives FNIA (chap. 6) and the practice of the competent cantonal migration office; the status as at the date of reading is to be obtained there.
Form of proof (where required): fide language certificate or another recognised language certificate. The list of recognised certificates is maintained by the SEM (https://www.sem.admin.ch).
Provision of language proof and exemptions (Art. 77d OASA [SR 142.201]): persons who were socialised in a national language as a first language, as well as persons holding recognised educational qualifications in a national language, generally provide the proof without a separate certificate.
4.5 No proof of income for the family of a Swiss person
Difference compared with family reunification with B-permit holders from third States (Art. 44 FNIA): Art. 42 FNIA — unlike Art. 44 FNIA — does not make the entitlement conditional on prior proof of income and not on proof of "adequate housing".
Family reunification with a Swiss person is, on this point, structured less strictly in law: there is no needs-coverage threshold examined in advance by the authority. This concerns only the statutory entry conditions and says nothing about the outcome of a specific procedure.
However: a lasting and substantial dependence on social assistance may, according to the statutory concept, come into consideration as a ground for revocation (Art. 63 para. 1 let. c FNIA, mediated via Art. 51 FNIA). This is a downstream possibility, bound to strict conditions and a proportionality assessment, and not a prior entry hurdle. Mere temporary need or isolated debts or debt-enforcement proceedings do not, in themselves, trigger any revocation; they may at most acquire significance indirectly through the integration assessment (Art. 58a FNIA).
4.6 Overview: conditions Art. 42 FNIA vs Art. 43 / 44 FNIA
| Condition | Art. 42 (family of a Swiss national) | Art. 43 (family of a C-permit holder) | Art. 44 (family of a B-permit holder, third State) |
|---|---|---|---|
| Living together | yes | yes | yes |
| Needs-covering income | no | no | yes |
| Adequate housing | no (not formally examined) | no (not formally examined) | yes |
| A1 language proof at first issuance (expressly in the statute) | no (no autonomous hurdle along the lines of Art. 43/44) | yes (Art. 43, Art. 73a OASA) | yes (Art. 44, Art. 73a OASA) |
| Legal entitlement | yes | yes (restricted) | no (discretion) |
5. Stepchildren, patchwork and special constellations
5.1 Stepchild reunification
As set out under 3.4, stepchildren fall in principle under Art. 42 para. 1 FNIA, provided that the stepchild relationship is established by the legally valid marriage / registered partnership with the foreign spouse and that custody / care permits the reunification.
Practical conditions:
- Marriage certificate / partnership certificate documenting the stepchild relationship.
- Birth certificate of the stepchild.
- Custody order / declaration of consent of the other biological parent remaining abroad (in the case of joint custody).
- In the case of death of the other biological parent: death certificate.
5.2 Adoption by the Swiss person
In the case of adoption of a minor child of foreign nationality by a Swiss person under Swiss law (Art. 264 et seq. CC [SR 210]) or under the Hague Adoption Convention (HAC), the child adopted as a minor generally acquires, by virtue of the adoption, Swiss citizenship (Art. 4 SCA [SR 141.0]). No family-reunification question under Art. 42 FNIA then arises at all — the adopted child is itself a Swiss national.
In the case of adult adoption, or of an adoption that took place abroad and is not readily recognisable in Switzerland, the citizenship automatism does not apply in the same way; recognition is governed by the PILA (SR 291) and is to be clarified with the competent civil registry office or the Swiss representation abroad. The legal classification of the individual case does not fall within the remit of SIP-v3 (see section 16).
5.3 Children with their own third-State status
Where the foreign spouse of a Swiss person brings along her own minor children from a previous relationship who are not stepchildren of the Swiss person in the legal sense (for instance because the stepchild relationship has not yet been established by the marriage in Switzerland), these children fall legally under the family reunification of the foreign spouse pursuant to Art. 44 FNIA, as soon as she holds a B permit — or precisely under Art. 42 para. 1 FNIA, where the stepchild relationship is formally established by the marriage.
6. Time limit for the application — Art. 47 FNIA
Art. 47 FNIA sets rigid time limits for family reunification:
- Spouse and children under 12 years of age: application within 5 years of the family-reunification entitlement arising.
- Children between 12 and 18 years of age: application within 12 months of the entitlement arising.
- Subsequent invocation: only in the presence of important family reasons (Art. 47 para. 4 FNIA; BGE 137 II 393; BGE 146 I 185).
6.1 Start of the time limit in the case of family reunification by a Swiss person
In family reunification by a Swiss person, the start of the time limit is to be analysed in a particular way in dogmatic terms, since the Swiss person has no permit within the meaning of the law on foreign nationals (he or she is Swiss by birth or by naturalisation):
- In the case of marriage to a Swiss person, the 5-year time limit under Art. 47 FNIA begins with the conclusion of the marriage.
- In the case of the birth of a child that does not automatically become a Swiss national (a very rare constellation — see section 8 on the basic citizenship automatism): with the birth.
- In the case of naturalisation of the formerly foreign anchor person during the existing marriage: with the date of naturalisation (Federal Supreme Court 2C_887/2014).
Important: the precise start of the time limit and the application of Art. 47 FNIA in the case of reunification by a Swiss person are further set out in the case law and in the SEM Directives FNIA (chap. 6); a prolonged separation of domiciles before the application is filed may feed into the overall assessment (cf. the examination of indications in section 10). The decisive status as at the date of reading is to be verified by means of the SEM Directives FNIA as well as the published case law of the Federal Supreme Court (https://www.bger.ch). The specific assessment of an individual case does not fall within the remit of SIP-v3 (see section 16).
6.2 Consequence of missing the time limit
Where the entitlement is invoked out of time, family reunification is refused, unless important family reasons within the meaning of Art. 47 para. 4 FNIA are present (e.g. a need for care/support that arose subsequently, the loss of the caring parent in the country of origin).
Cross-link to the treatment of Art. 47 in dissolution constellations: Divorce and the residence permit under Art. 50 FNIA.
7. Conclusion of marriage — at home and abroad
7.1 Marriage in Switzerland
Marriage before the civil registry office at the domicile of one of the spouses; preliminary procedure with examination of documents. The civil registry office examines, within the scope of its competence, under Art. 97a CC (prohibition of circumvention). Detailed description of the procedure — appointments, fees, the visa question for third-State fiancé(e)s: Marriage to a Swiss national.
7.2 Marriage abroad — recognition in Switzerland
Legal basis: Art. 45 PILA (SR 291) and Art. 32 CC. A marriage validly concluded abroad is in principle recognised in Switzerland, provided that (a) it is formally valid under the law there and (b) there is no breach of public policy (child marriages, polygamy, forced marriages are not recognised).
Procedure: foreign marriage certificate with apostille (Hague Convention) or consular legalisation; registration in the Swiss civil status register (Infostar) through the Swiss representation abroad or the civil registry office at the domicile. Only after recognition and registration is the marriage "existent" under the law on foreign nationals for the purposes of Art. 42 FNIA.
Religious / cultural / traditional ceremonies without State registration in the country of origin are not recognised as marriage in Switzerland. A civil-registry entry is indispensable.
Country-specific practices (apostille process, authenticity checks): these are to be clarified with the competent Swiss representation in the relevant country of origin (directory: https://www.eda.admin.ch). For documents from certain third States, an in-depth authenticity check is to be expected, which may considerably prolong the procedure.
7.3 Visa-subject third-State fiancé(e)s
Anyone entering Switzerland to marry from a visa-subject third State applies for the national visa relevant to the purpose of stay (type D visa) for the preparation of the marriage at the Swiss representation abroad; a Schengen visa for a short stay (type C) does not cover this purpose. The requirements applicable in the individual case follow from the SEM requirements and the competent representation abroad. Detail: Marriage to a Swiss national.
8. Children from the marriage — automatic Swiss citizenship
8.1 SCA Art. 1 — acquisition by descent
Art. 1 of the Swiss Citizenship Act (SCA, SR 141.0): a person is Swiss from birth if he or she has a parent with Swiss citizenship. The birth itself triggers the acquisition of citizenship — irrespective of the place of birth (at home or abroad) and irrespective of the marital status of the parents.
Consequence for family reunification: children from a marriage with a Swiss person are themselves Swiss nationals. They are therefore not at all subject to the family-reunification regime under Art. 42 FNIA — they are not a "foreign family member", but Swiss citizens with all rights (settlement, gainful employment, voting rights, etc.).
8.2 Practical consequences
- Notification of the birth to the Swiss representation abroad (in the case of birth abroad) or to the civil registry office at the place of birth (in the case of birth in Switzerland).
- Registration in the Swiss civil status register.
- The Swiss passport / identity card can be applied for.
Cross-link: Birth of a child in Switzerland (for a birth with permit-holder parents — a different constellation from this one; in the case of a Swiss parent, Art. 1 SCA applies automatically).
8.3 Dual citizenship
Switzerland has permitted, since the SCA reform of 1992 (today governed by the SCA, SR 141.0), dual citizenship. Children of a Swiss-foreign marriage thus regularly acquire, in addition, the nationality of the foreign parent, provided that the latter's national law so provides (for example under the principle of descent).
9. Parent reunification — special case of Art. 42 para. 2 FNIA
9.1 State of the provision
Art. 42 para. 2 FNIA restricts parent reunification (or the reunification of relatives in the ascending line of the Swiss person) to the following constellation:
- The parents must "hold a permanent residence permit issued by a State with which an agreement on the free movement of persons has been concluded" — that is, an EU or EFTA State.
- They must be those who are "dependent on the Swiss national" — that is, the Swiss person must provide an actual maintenance contribution. A merely potential, abstract maintenance obligation is not sufficient.
9.2 Parents from pure third States with no AFMP residence
For parents from pure third States (e.g. from Kosovo, Sri Lanka, Eritrea, without permanent EU/EFTA residence), Art. 42 para. 2 FNIA provides for no entitlement. Here, at most, the following avenues may be discussed:
- Art. 30 para. 1 let. b FNIA (hardship case): serious personal hardship case. Very narrow interpretation in SEM practice. Cross-link: hardship-case provision under Art. 30 FNIA.
- Art. 8 ECHR (right to respect for family life): according to the established case law of the Federal Supreme Court, for adult relatives in the ascending line only in the presence of a particular relationship of dependence (need for care, absence of any other possibility of care in the country of origin — BGE 144 II 1; FSC 2C_780/2018). High hurdle.
9.3 Practice
Parent reunification from pure third States with no AFMP residence relies, for want of a legal entitlement, on discretionary or hardship grounds (Art. 30 FNIA) and on Art. 8 ECHR; the decisive administrative practice follows from the SEM Directives FNIA (chap. 6) and the published case law of the Federal Supreme Court (https://www.bger.ch), the current status of which as at the date of reading is to be verified there.
Anti-scope: SIP-v3 gives no strategic advice on the formulation of the application in parent reunification, no prognosis of success, no advice on proof of the need for care. These questions imperatively require an individual mandate relationship with a lawyer of record.
10. Sham marriage and sham partnership — Art. 51 FNIA and Art. 97a CC
10.1 Legal bases
Art. 97a CC prohibits the circumvention of the law on foreign nationals through the conclusion of marriage: the civil registrar does not enter into the matter of the application where the bride or groom manifestly does not wish to establish a community of life but to circumvent the provisions of the law on foreign nationals.
Art. 51 para. 1 let. a FNIA: the entitlements under Art. 42 lapse where they are invoked abusively.
10.2 Federal Supreme Court indications (BGE 137 II 281; FSC 2C_177/2013)
Age difference, short duration of acquaintance, circumstances of getting to know one another, imminent removal, lack of any possibility of communication, lack of a community after the marriage, payment, rapid separation after the permit was granted, contradictory statements, lack of social integration. An overall assessment is required.
10.3 Legal consequences
Before the marriage ceremony: refusal to enter into the matter (Art. 97a CC). After issuance: revocation (Art. 51 FNIA in conjunction with Art. 62/63 FNIA), removal, entry ban, where applicable criminal consequences (Art. 118 FNIA).
10.4 Anti-scope
SIP-v3 expressly makes available NO advice on "avoiding sham-marriage indications". The indications are rendered as factual information from the case law, not as strategic guidance. Individual advice exclusively by a lawyer entered in the cantonal bar register.
Detail: Marriage to a Swiss national, section 5.
11. Early settlement C under Art. 42 para. 3 FNIA
After 5 years of lawful and uninterrupted residence, the spouse of a Swiss person is entitled to the C settlement permit (Art. 42 para. 3 FNIA), provided that the integration criteria under Art. 58a FNIA are met. The language level required for this case is governed at ordinance level in Art. 73b OASA (SR 142.201) — the provision which, according to its wording, refers directly to Art. 42 para. 3 FNIA:
- Language: under Art. 73b OASA, for settlement in the context of family reunification, at least level A2 oral and A1 written in the national language spoken at the place of domicile. (The higher competences required in general for early settlement under Art. 34 para. 4 FNIA — B1 oral + A1 written under Art. 62 OASA — do not apply in this form to the constellation of Art. 42 para. 3 FNIA relevant here; Art. 73b OASA is decisive.)
- Observance of public security and order; no lasting and substantial dependence on social assistance.
- Participation in economic life or the acquisition of education (Art. 58a para. 1 let. d FNIA).
- Respect for the values of the Federal Constitution (Art. 58a para. 1 let. a FNIA).
The application is filed with the cantonal migration office; usually to be enclosed are the language certificate, the criminal-record extract, the social-assistance confirmation, the residence certificate and the marriage certificate. The precise application modalities, the time limits before the expiry of the fifth year of residence, and the duration of the procedure are governed by the practice of the competent cantonal migration office.
Ordinary settlement after 10 years (Art. 34 FNIA): anyone who does not meet the conditions for early settlement (for instance regarding the language certificate) may apply for the C settlement permit after 10 years of uninterrupted presence under the ordinary procedure. The integration criteria under Art. 58a FNIA must also be met there.
12. Facilitated naturalisation — SCA Art. 21
12.1 Conditions
Art. 21 SCA (SR 141.0) provides for reduced residence requirements for spouses of Swiss nationals:
- 3 years of lived marital union with the Swiss person and a total of 5 years of residence in Switzerland, including the year immediately preceding the filing of the application (Art. 21 para. 1 SCA); or
- 6 years of marital union with a Swiss person in the case of domicile abroad and close ties with Switzerland (Art. 21 para. 2 SCA).
12.2 Further conditions
- Integration criteria: observance of security and order, respect for constitutional values, participation in economic life or the acquisition of education, as well as the ability to communicate in a national language (Art. 12 SCA [SR 141.0]).
- Language level: the concretely required level of oral and written knowledge of the national languages is not laid down in the Swiss Citizenship Act, but in the Citizenship Ordinance (CO, SR 141.01); its requirements are to be observed separately from the Act.
- No relevant burdens through the receipt of social assistance (with hardship consideration), as well as no relevant criminal burdens; the applicable thresholds follow from the Citizenship Ordinance (CO, SR 141.01).
12.3 Procedure
The application is submitted to the SEM; cantonal and communal investigations/reports and the naturalisation ruling follow. The current duration of the procedure and the fees are published by the SEM (https://www.sem.admin.ch) and are to be obtained there as at the date of reading. Cross-link: the Citizenship Act 2018 (SCA) glossary.
12.4 Dissolution before naturalisation
In the case of dissolution before completion, the facilitation-creating element lapses; ordinary naturalisation after 10 years (Art. 9 SCA) remains possible. A naturalisation obtained abusively may be declared null and void (Art. 36 SCA; time limit 8 years).
13. Dissolution of the marriage — Art. 50 FNIA and consequences for the B residence permit
13.1 Basic rule
In the case of dissolution of the marital union (separation, divorce, death of the Swiss person), the connecting factor of Art. 42 FNIA lapses. The foreign person is not automatically left without residence status — Art. 50 FNIA allows, under certain conditions, the continuation of the permit.
13.2 Art. 50 FNIA — conditions
- Spouse with at least 3 years of marital union in Switzerland + successful integration (Art. 50 para. 1 let. a FNIA); or
- Important personal reasons (Art. 50 para. 1 let. b FNIA): domestic violence, need for protection, jeopardised social reintegration in the country of origin, death of the Swiss person.
13.3 Cross-link
Detail on Art. 50 FNIA (3-year time limit, integration criteria, evidentiary requirements in cases of domestic violence): Divorce and the residence permit under Art. 50 FNIA.
14. Loss of the Swiss nationality of the anchor person
The Swiss nationality of the anchor person may be lost in rare constellations (Art. 36 SCA [SR 141.0]: annulment of a naturalisation obtained by false statements; Art. 37 SCA: release from Swiss citizenship at one's own request; Art. 42 SCA: deprivation of citizenship from a dual national whose conduct seriously harms the interests or reputation of Switzerland). In these constellations, the connecting factor for Art. 42 FNIA lapses.
The existing B residence permit of the foreign spouse does not automatically fall away, but must be reassessed at the next extension — where applicable with a change of the legal connecting factor (for instance where, after the loss of Swiss nationality, only a foreign nationality remains and a third-State or AFMP constellation is thus to be examined). This very rare constellation is governed by the SEM Directives FNIA and the published case law of the Federal Supreme Court (https://www.bger.ch) and requires an individual assessment (see section 16).
15. Summary — permit classification and procedural chain
| Life event | Permit consequence | Provision |
|---|---|---|
| Marriage to a Swiss person (third-State spouse) | B residence permit with note "Family reunification Art. 42 FNIA" | Art. 42 para. 1 FNIA |
| Marriage to a Swiss person (EU/EFTA spouse) | B residence permit EU/EFTA with family-reunification note | Art. 42 para. 1 FNIA + AFMP |
| Registered partnership / same-sex marriage with a Swiss person | B residence permit as for marriage | Art. 52 FNIA + SPA |
| Child under 12 years of age reunited | C settlement permit directly | Art. 42 para. 4 FNIA |
| Child aged 12–18 reunited | B residence permit; C after 5 years | Art. 42 para. 1 FNIA |
| Stepchild in a patchwork family | B residence permit via Art. 42 para. 1 | Art. 42 para. 1 FNIA |
| Parents from EU/EFTA, dependent | B residence permit | Art. 42 para. 2 FNIA |
| Parents from a third State without AFMP | regularly no entitlement; at most hardship case | Art. 30 FNIA / Art. 8 ECHR |
| 5 years of B + integration | C early settlement | Art. 42 para. 3 FNIA |
| 5 years of residence + 3 years of marriage | facilitated naturalisation | Art. 21 SCA |
| Birth of a child (Swiss parent) | Swiss citizenship directly | Art. 1 SCA |
| Separation / divorce | Art. 50 FNIA to be examined | Art. 50 FNIA |
16. Anti-scope and referral to the lawyer of record
In the present module, SIP-v3 makes available NO advice in the following areas:
- Eligibility prognosis in the specific individual case (prediction of whether a particular application will be granted or not).
- Marriage strategy (choice of the place of marriage, the timing, the form of ceremony with a view to the chances of authorisation).
- Recognition optimisation of foreign marriages (which apostille variant is faster, etc. — for country-specific points of detail).
- Formulation of the application in parent reunification under Art. 42 para. 2 FNIA or in the hardship case under Art. 30 FNIA.
- Strategy for avoiding sham-marriage indications (see section 10.4 — expressly excluded).
- Prognosis of success in the case of subsequent invocation of family reunification after the time limit has expired (Art. 47 para. 4 FNIA).
- Conduct of proceedings in revocation proceedings under Art. 51/63 FNIA or in the case of criminal consequences under Art. 118 FNIA.
For all these questions, individual advice by a lawyer entered in the cantonal bar register (professional register under the Lawyers Act, BGFA/LLCA [SR 935.61]) in the relevant canton is imperative — see the cantonal bar association search or the professional-register check on the cantons' websites. SIP-v3 explains the general legal situation and does not conduct any individual mandate within the meaning of the BGFA/LLCA (SR 935.61).
17. Cross-references
- Marriage to a Swiss national — upstream and downstream marriage-conclusion procedure with a Swiss person (civil registry office, visa question, documents).
- Divorce and the residence permit under Art. 50 FNIA — consequences of separation / divorce for the B residence permit under Art. 42 FNIA.
- Birth of a child in Switzerland — birth of a child (different connecting factor: here a permit holder; in the case of a Swiss parent, Art. 1 SCA applies automatically instead).
- Death of a permit holder — death of the anchor person; in the case of a Swiss anchor person, Art. 50 FNIA "important personal reasons" applies.
- Hardship-case provision under Art. 30 FNIA — hardship-case permit in the absence of a legal entitlement.
- The B residence permit — the resulting B-permit class in detail.
- Ci permit for accompanying persons of international organisations — the Ci permit, wrongly used for the families of a Swiss person; in reality reserved for IO accompanying persons.
- FNIA and OASA terminology glossary — FNIA and OASA terminology and overview of provisions.
- Citizenship Act 2018 (SCA) glossary — SCA terminology, naturalisation procedure, CO concretisations.
18. Sources — structured
Federal acts (Fedlex, binding)
- AIG SR 142.20 — Art. 30 (hardship case); Art. 42 (family reunification by a Swiss person); Art. 43 (family reunification by a C-permit holder); Art. 44 (family reunification by a B-permit holder, third State); Art. 47 (time limit); Art. 49 (important reasons for the absence of living together); Art. 50 (dissolution); Art. 51 (lapse); Art. 52 (SPA assimilation); Art. 58a (integration criteria); Art. 62/63 (revocation); Art. 118 (deception).
- VZAE SR 142.201 — Art. 29 (foreign children of Swiss nationals); Art. 62 (early settlement, general, language B1 oral / A1 written); Art. 73 (time limit for family reunification); Art. 73a (language competences upon issuance/extension, reference to Art. 43/44 FNIA); Art. 73b (language competences upon settlement in family reunification, reference to Art. 42 para. 3 FNIA, A2 oral / A1 written); Art. 75 (important family reasons for a subsequent family reunification of children); Art. 76 (exception to living together); Art. 77d (provision and exemptions of language proof).
- ZGB SR 210 — Art. 97a (circumvention of the law on foreign nationals); Art. 159 et seq. (effects of marriage); Art. 264 et seq. (adoption).
- BüG SR 141.0 — Art. 1 (acquisition by descent); Art. 4 (adoption); Art. 9 (ordinary naturalisation, 10 years); Art. 12 (integration criteria); Art. 21 (facilitated naturalisation of the spouse of a Swiss person); Art. 36 (annulment); Art. 37 (release); Art. 42 (deprivation from a dual national).
- BüV/OLN SR 141.01 — Citizenship Ordinance; concretises, among other things, the required language level and the thresholds for naturalisation.
- PartG SR 211.231 — registered partnership.
- IPRG SR 291 — Art. 45 et seq. (recognition of a foreign marriage).
- BGFA/LLCA SR 935.61 — Lawyers Act; basis for the bar register (professional register) and the delimitation of the individual lawyer's mandate activity.
Case law
- BGE 137 II 281 — sham-marriage indications.
- BGE 130 II 113 — lived marital union.
- BGE 137 II 393; BGE 146 I 185 — important family reasons Art. 47 para. 4 FNIA.
- BGE 144 II 1 — Art. 8 ECHR adult relatives; relationship of dependence.
- FSC 2C_177/2013 — examination of sham-marriage indications.
- FSC 2C_887/2014 — start of the time limit for family reunification after naturalisation.
- FSC 2C_780/2018 — parent reunification Art. 8 ECHR third State.
Authority sources
- SEM Directives FNIA, chap. 6 (family reunification) — https://www.sem.admin.ch/sem/de/home/publiservice/weisungen-kreisschreiben/auslaenderbereich/familie.html
- SEM overview of family reunification — https://www.sem.admin.ch/sem/de/home/themen/aufenthalt/familiennachzug.html