There is currently discrimination against nationals with regard to family reunification. EU and EFTA citizens are subject to less stringent rules than Swiss nationals. Thanks to a parliamentary initiative, this is now set to change. A draft bill has been in the consultation process since September 1, 2022.
💡 Update & note (March 2025)
Please note our new article, according to which discrimination against Swiss nationals in family reunification will remain in place after a parliamentary decision in March 2025.
Existing discrimination against nationals in family reunification
Under the Agreement on the Free Movement of Persons (AFMP), EU and EFTA citizens can bring members of their extended family, such as parents, from third countries to Switzerland as soon as they are able to support them and there is a family home that meets their needs.
Swiss nationals, on the other hand, are discriminated against when it comes to family reunification. The Foreign Nationals and Integration Act (FNIA) with its stricter requirements applies to them rather than the AFMP. Accordingly, there is only an entitlement to family reunification if the parents to be reunited have a residence permit from a country with which a freedom of movement agreement has been concluded. It is true that the right to family life under Art. 8 ECHR also provides for a right to family reunification of parents or adult children. The prerequisite for this, however, is that the person moving to Switzerland must be personally cared for by the person moving to Switzerland. This requirement is only met in exceptional cases and in very few cases.
Parliamentary initiative to eliminate discrimination
A parliamentary initiative to amend the AIG was submitted in 2019 to eliminate this discrimination against Swiss nationals in family reunification. According to this, Swiss nationals will no longer be discriminated against compared to EU and EFTA nationals when family members from third countries join them.
Discrimination unlawful according to the Federal Supreme Court
Back in 2009, the Federal Supreme Court declared this practice of discrimination against Swiss nationals in family reunification to be unlawful. However, the Federal Supreme Court has expressly left the correction of the unlawful discrimination against Swiss nationals in family reunification to politicians.
Consultation before the end of this year
Now things are finally moving. On September 1, 2022, the State Policy Committee of the Council of States approved the bill by 17:7 votes and submitted a draft amendment to the law to the cantons, parties and other interest groups for consultation by December 2022.
Overall, implementation – as of November 2022 – is therefore well on track. A rapid elimination of discrimination against nationals in family reunification should now finally be within sight.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
