Family reunification rejected – what now?

Family reunification is of vital importance for many people in Switzerland – for foreign nationals as well as Swiss citizens. This makes it all the more serious when family reunification is refused and the authorities do not allow spouses or children to join them. What many people do not know: Decisions refusing family reunification can often be successfully appealed – provided that the authorities react in good time.

1. application for family reunification rejected – what does this mean?

A rejected application means that the competent cantonal migration authority has not approved the reunification of the spouse or children. The basis in most cases is Art. 42-52 AIG (Foreign Nationals and Integration Act).

Reasons for rejection are, for example

• Late application (deadlines according to Art. 47 AIG)
• Inappropriate living conditions (e.g. apartment too small)
• Insufficient financial resources
• Lack of or insufficient integration
• Doubts about the authenticity of the family relationship (suspected fictitious marriage)

The latter in particular can also become a problem in real partnerships – for example, if there is hardly any documentation of everyday life together.

2 Deadlines and requirements – what applies?

Pursuant to Art. 47 AIG family reunification must be applied for no later than five years after entry or marriage. For children over the age of 12, the deadline is only twelve months.

If these deadlines are missed, the application for family reunification will be rejected. In this case, you can only rely on important reasons (e.g. illness, family hardship) – but this also regularly leads to rejections.

3. appeal against the rejection decision

As a rule, an appeal or complaint can be lodged against the rejection within 30 days. The exact legal process depends on the cantonal procedure and is stated in the decision.

A written appeal should contain the following points in particular:

• Clear designation of the order and the date
• Reasons why the rejection is incorrect from a legal point of view
• Evidence (e.g. photos, chat histories, employment contracts, proof of residence, medical reports, etc.)

Will the execution be stopped? (suspensive effect)

Yes – the suspensive effect is granted in many cases of family reunification, even in the appeal instance up to the Federal Supreme Court. The reason: a negative decision can no longer be reversed if the person concerned has already had to leave the country.

For those affected, this means that an appeal often offers the chance to prevent the family from being separated again – at least until the final decision is made.

5. reunification of parents – de facto hardly possible

The reunification of parents is generally the exception and correspondingly difficult.

A permit is granted, for example, if it is objectively necessary to care for the parents in Switzerland – for example in the case of serious illness or dementia.

The following applies:

• Difficult conditions in the country of origin alone are not enough.
• It must be proven that care abroad is not reasonable or not possible.
• There must be an actual, indispensable care relationship in Switzerland.
• Other related parties in the country of origin must not be available.

What is particularly offensive is that Swiss nationals are also subject to these hurdles. With certain exceptions, it is no easier for them to have their parents join them than it is for third-country nationals – on the contrary: EU citizens can usually join their parents more easily. This unequal treatment has been described for years as de facto discrimination against nationals has been criticized for years.

6. how we can help

As an experienced law firm in migration and administrative law, we support clients with family reunification at all levels – from the initial consultation to representation in appeal proceedings. We check whether an appeal has a chance of success, structure the argumentation and, if necessary, obtain additional evidence.

Have you received a rejection?

If your application for family reunification has been rejected, please do not hesitate to contact us – the deadline is running. We offer a detailed initial consultation (1 hour at CHF 330.-), on site or via video call. Together we will clarify the next steps.

📞 Contact us for a consultation!

FF-Law Your contact for immigration and migration law

The migration authorities have rejected your application for family reunification?

Our lawyers in Winterthur specialize in migration and immigration law and provide you with comprehensive support in matters relating to family reunification and all aspects of immigration and integration law.

📞 Contact us for a consultation!