Bringing family to Switzerland as a Swiss citizen

If you are the foreign spouse, registered partner or minor child of a Swiss citizen, you have a legal right to a B residence permit under Art. 42 of the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20), as long as you live together. Unlike family members of B permit holders, you do not have to prove income or suitable housing first. A spouse can get a C permit after five years, children under twelve get one straight away, and parents qualify only in narrow cases.

In short

• Who qualifies: the spouse or registered partner of a Swiss citizen, their unmarried children under 18, stepchildren in some cases, and parents only if they hold permanent residence in an EU/EFTA state and depend on the Swiss citizen.
• What you get: a B residence permit, not a Ci permit. Children under 12 get a C permit directly (Art. 42 para. 4 FNIA).
• Conditions: living together, a real family life, and no abuse or grounds for revocation (Art. 51 FNIA). No income or housing test beforehand.
• Deadlines: apply within five years (spouse, children under 12) or 12 months (children aged 12 to 18) under Art. 47 FNIA.
• Next steps: a C permit after five years with integration (Art. 42 para. 3 FNIA) and facilitated naturalisation after 3 years of marriage and 5 years in Switzerland (Art. 21 SCA).

B permit, not Ci permit

Family members of Swiss citizens receive a B residence permit under Art. 42 FNIA, noted for example "Residence with Swiss spouse" or "Family reunification under Art. 42 FNIA". It is granted as of right and can become a C permit after 5 years (Art. 42 para. 3 FNIA).

The Ci permit is something else. It is for the foreign spouses, registered partners and minor children of staff of international organisations and foreign missions in Switzerland, under the Host State Act (HSA, SR 192.12) and Art. 45 OASA. Older pages that called the permit for families of Swiss citizens a "Ci permit" were wrong; the earlier Ci permit for family members page is replaced by this one. See the Ci permit for accompanying persons of international organisations for the real Ci permit.

What Art. 42 FNIA says

• Para. 1: foreign spouses and unmarried children under 18 of Swiss citizens have a right to a residence permit and its extension if they live with the Swiss citizen.
• Para. 1bis: if the family unit ends, or important reasons justify living apart, Art. 49 applies by analogy.
• Para. 2: other family members have a right to a permit if they hold a permanent residence permit from a state with a free movement agreement. This covers the spouse and descendants under 21 or dependent on the Swiss citizen, and relatives in the ascending line of the Swiss citizen or the spouse who are dependent on the Swiss citizen.
• Para. 3: after five years of lawful, uninterrupted residence, the spouse has a right to a settlement permit if the integration criteria of Art. 58a are met.
• Para. 4: children under twelve have a right to a settlement permit.

This is a summary. The authoritative text is on Fedlex: https://www.fedlex.admin.ch/eli/cc/2007/758/de

Who can come

Spouse

The spouse of a Swiss citizen is the main case under Art. 42 para. 1 FNIA, whatever their nationality. The permit is granted if you live together and there is no ground for it to lapse or be revoked (Art. 51 FNIA). For the marriage itself, see marriage to a Swiss national.

Registered partner or same-sex spouse

Art. 52 FNIA treats a registered partnership (SPA, SR 211.231) like marriage for family reunification. Since "marriage for all" came into force on 1.7.2022, same-sex couples can marry. Existing registered partnerships can be kept, or converted into marriage by a declaration at the civil registry office. Both forms give the same right under Art. 42 FNIA.

Children under 18

Unmarried children of a Swiss citizen under 18 have a right to a B permit (Art. 42 para. 1 FNIA). Children under 12 get a C permit directly, with no five-year wait (Art. 42 para. 4 FNIA).

The right ends at 18. Being in education (an apprenticeship or university) does not extend it under federal law. Whether an adult child who already holds a permit can keep it is decided under the general permit rules and is at the canton's discretion, following the SEM Directives FNIA (chap. 6).

Stepchildren

The children of the foreign spouse from an earlier relationship fall under Art. 42 para. 1 FNIA if:

1. the step relationship exists through a valid marriage or registered partnership with the Swiss citizen;
2. custody or the care arrangement allows the child to move; and
3. the child is a minor and unmarried.

There is no separate stepchild provision in the OASA. If custody is shared with a parent who stays abroad, you usually need that parent's written consent, with an apostille or recognition. If the foreign spouse has sole custody, you do not. If the other parent has died, bring the death certificate.

The Art. 47 FNIA deadlines apply here too. After they expire, a permit is only possible for important family reasons (Art. 47 para. 4 FNIA; Art. 75 OASA, SR 142.201).

If a child is not yet legally a stepchild of the Swiss citizen, for example because the marriage has not yet been concluded in Switzerland, the child falls under the foreign spouse's own family reunification (Art. 44 FNIA) once that spouse holds a B permit.

Adopted children

A minor child adopted by a Swiss citizen under Swiss law (Art. 264 onwards CC, SR 210) or under the Hague Adoption Convention generally becomes Swiss through the adoption (Art. 4 SCA, SR 141.0). No family reunification question arises. For adult adoptions, or foreign adoptions that are not straightforwardly recognised, recognition follows the PILA (SR 291); ask the civil registry office or the Swiss representation abroad.

Parents

Parents and other relatives in the ascending line only have a right under Art. 42 para. 2 FNIA if:

• they hold permanent residence in an EU or EFTA state; and
• they are dependent on the Swiss citizen, who actually supports them financially. A theoretical duty to support is not enough.

Parents from third countries without that residence (for example from Kosovo, Sri Lanka or Eritrea) have no right to a permit. The only possible routes are:

• a hardship case under Art. 30 para. 1 let. b FNIA, which the SEM interprets very narrowly (see the hardship-case provision under Art. 30 FNIA);
• Art. 8 ECHR (respect for family life), which for adult relatives the Federal Supreme Court applies only where there is a special dependency, such as a need for care that no one in the home country can meet (BGE 144 II 1; FSC 2C_780/2018). The bar is high.

Conditions for the B permit

Living together and a real family

You must live with the Swiss family member, as a rule at the same address. Living apart is only possible for important reasons, such as work, children's schooling or health, and only if the marriage continues (Art. 49 FNIA).

You also need a real family life, not just a shared address. For spouses, the Federal Supreme Court looks at objective indications (BGE 137 II 281; BGE 130 II 113). For children, what counts is actual care and custody.

No abuse or grounds for revocation

Under Art. 51 paras. 1 and 2 FNIA, the right lapses if:

• it is invoked abusively to get around immigration rules, for example a sham marriage, sham partnership or fake parent-child relationship; or
• there are grounds for revocation under Art. 63 FNIA: a long prison sentence, a serious threat to public security and order, or lasting and substantial dependence on social assistance.

Language

There is no express language test for the first B permit under Art. 42 FNIA. The express language requirement in Art. 43 para. 1 let. d and Art. 44 FNIA, detailed in Art. 73a OASA, applies to family members of C and B permit holders, not of Swiss citizens.

The general integration criteria of Art. 58a FNIA, including being able to communicate in a national language, still count when your permit is issued and extended, and they matter for an early C permit. How your canton applies them follows the SEM Directives FNIA (chap. 6) and cantonal practice.

Where proof is needed, a fide certificate or another recognised certificate works; the SEM keeps the list (https://www.sem.admin.ch). If a national language is your first language, or you have recognised qualifications in one, you usually do not need a separate certificate (Art. 77d OASA).

No income or housing test

Unlike Art. 44 FNIA, Art. 42 FNIA does not require proof of income or suitable housing before the permit is granted. However, lasting and substantial dependence on social assistance can later become a ground for revocation (Art. 63 para. 1 let. c FNIA, via Art. 51 FNIA), subject to strict conditions and a proportionality test. Temporary need, isolated debts or debt enforcement do not in themselves lead to revocation; at most they count indirectly in the integration assessment (Art. 58a FNIA).

Compared with other family reunification

Deadlines (Art. 47 FNIA)

• Spouse and children under 12: apply within 5 years.
• Children aged 12 to 18: apply within 12 months.
• Later applications: only for important family reasons (Art. 47 para. 4 FNIA; BGE 137 II 393; BGE 146 I 185), for example a new need for care, or the death of the parent caring for the child at home.

Because the Swiss citizen has no permit, the deadline starts:

• on the date of the marriage, if you marry a Swiss citizen;
• on the date of birth, for the rare child who does not automatically become Swiss;
• on the date of naturalisation, if your spouse became Swiss during the marriage (FSC 2C_887/2014).

A long period of living apart before the application can count in the overall assessment. Details are in the SEM Directives FNIA (chap. 6) and Federal Supreme Court case law (https://www.bger.ch). If you miss the deadline without important family reasons, the application is refused. See also divorce and the residence permit under Art. 50 FNIA.

Getting married

In Switzerland: you marry at the civil registry office where one of you lives, after a preparatory procedure where your documents are checked. The registrar also checks for attempts to get around immigration law (Art. 97a CC). Details, fees and visa questions are in marriage to a Swiss national.

Abroad: a marriage validly concluded abroad is generally recognised in Switzerland (Art. 45 PILA, SR 291; Art. 32 CC) if it was valid where it took place and does not breach Swiss public policy. Child marriages, polygamous marriages and forced marriages are not recognised. You need the foreign marriage certificate with an apostille or consular legalisation, and the marriage must be registered in the Swiss civil status register (Infostar) through the Swiss representation abroad or your local civil registry office. Only then does the marriage count for Art. 42 FNIA. Religious or traditional ceremonies without state registration do not count. For some countries, documents undergo detailed authenticity checks, which can take a long time; ask the Swiss representation (https://www.eda.admin.ch).

Visa for a fiancé(e): if you come from a country whose nationals need a visa, apply at the Swiss representation for a national D visa to prepare the marriage. A Schengen C visa for short stays does not cover this.

Children born to a Swiss parent

Under Art. 1 of the Swiss Citizenship Act (SCA, SR 141.0), a child with a Swiss parent is Swiss from birth, wherever it is born and whether or not the parents are married. These children are Swiss citizens, not foreign family members, so Art. 42 FNIA does not apply to them.

Report the birth to the civil registry office where the child was born, or to the Swiss representation if born abroad. The child is then registered and can get a Swiss passport or ID card. Switzerland has allowed dual citizenship since 1992, so the child may also take the other parent's nationality if that country's law allows. For children of permit holders, see birth of a child in Switzerland.

Sham marriages

Art. 97a CC tells the registrar not to proceed if one partner clearly does not want a shared life but only to get around immigration law. Art. 51 para. 1 let. a FNIA says the rights under Art. 42 lapse if invoked abusively.

The Federal Supreme Court looks at indications such as a large age gap, a short acquaintance, how the couple met, an imminent removal, no common language, no shared life after the wedding, payment, separation soon after the permit, contradictory statements and lack of social integration (BGE 137 II 281; FSC 2C_177/2013). It weighs them all together.

Before the wedding, the registrar can refuse to proceed (Art. 97a CC). After a permit is issued, the consequences can be revocation (Art. 51 with Art. 62/63 FNIA), removal, an entry ban, and criminal penalties (Art. 118 FNIA). See also marriage to a Swiss national.

C permit after five years (Art. 42 para. 3 FNIA)

After 5 years of lawful, uninterrupted residence, the spouse of a Swiss citizen has a right to a C permit if the integration criteria of Art. 58a FNIA are met:

• Language: at least A2 oral and A1 written in the national language of your place of residence (Art. 73b OASA). The higher level for other early C permits under Art. 34 para. 4 FNIA (B1 oral, A1 written, Art. 62 OASA) does not apply here.
• respect for public security and order, and no lasting, substantial dependence on social assistance;
• work or education (Art. 58a para. 1 let. d FNIA);
• respect for the values of the Federal Constitution (Art. 58a para. 1 let. a FNIA).

Apply to the cantonal migration office, usually with your language certificate, criminal record extract, confirmation that you do not receive social assistance, residence certificate and marriage certificate. When to apply and how long it takes depend on your canton.

If you do not meet these conditions, you can apply for an ordinary C permit after 10 years (Art. 34 FNIA), again subject to Art. 58a FNIA.

Facilitated naturalisation (Art. 21 SCA)

As the spouse of a Swiss citizen you can apply for facilitated naturalisation after:

• 3 years of marriage and a total of 5 years in Switzerland, including the year before you apply (Art. 21 para. 1 SCA); or
• if you live abroad, 6 years of marriage and close ties with Switzerland (Art. 21 para. 2 SCA).

You must also be integrated (Art. 12 SCA): respect security and order and constitutional values, work or study, and communicate in a national language. The exact language level, and the thresholds on social assistance and criminal records, are in the Citizenship Ordinance (SCO, SR 141.01).

You apply to the SEM, which obtains cantonal and municipal reports before deciding. Current fees and processing times are on https://www.sem.admin.ch. See the Citizenship Act 2018 (SCA) glossary.

If the marriage ends before you are naturalised, the facilitated route falls away, but ordinary naturalisation after 10 years (Art. 9 SCA) is still possible. A naturalisation obtained by deception can be annulled (Art. 36 SCA; time limit 8 years).

If the marriage ends

Separation, divorce or the death of the Swiss spouse removes the basis of Art. 42 FNIA, but you do not automatically lose your permit. Under Art. 50 FNIA you can keep it if:

• the marriage lasted at least 3 years in Switzerland and you are successfully integrated (Art. 50 para. 1 let. a FNIA); or
• there are important personal reasons (Art. 50 para. 1 let. b FNIA), such as domestic violence, a need for protection, serious difficulty reintegrating in your home country, or the death of the Swiss spouse.

See divorce and the residence permit under Art. 50 FNIA and death of a permit holder.

If the Swiss family member loses citizenship

This is rare: a naturalisation can be annulled for false statements (Art. 36 SCA), a person can renounce citizenship (Art. 37 SCA), or a dual national can be deprived of it for seriously harming Switzerland (Art. 42 SCA). The basis for Art. 42 FNIA then disappears. Your B permit does not end automatically, but it is reassessed at the next extension under whatever rules now apply, for example as a third-country or EU/EFTA case.

Summary

Getting advice

For advice on your own case, such as your chances, applications for parents or hardship cases, late applications or revocation proceedings, contact a lawyer registered in a cantonal bar register (Lawyers Act, LLCA, SR 935.61).

The SEM explains family reunification at https://www.sem.admin.ch/sem/de/home/themen/aufenthalt/familiennachzug.html, and its directives (chap. 6) are at https://www.sem.admin.ch/sem/de/home/publiservice/weisungen-kreisschreiben/auslaenderbereich/familie.html. See also the B residence permit and the FNIA and OASA terminology glossary.