Family reunification Switzerland EU citizens: What new rights the EU Directive 2004/38/EC brings
Family reunification in Switzerland is one of the most important issues in migration law. Who is allowed to bring parents, children or other relatives? What hurdles exist if relatives are in need of care or need financial support?
A fact sheet published by the State Secretariat for Migration (SEM) in mid-2025 shows how the legal situation will change in the future as a result of the planned update to the Agreement on the Free Movement of Persons (AFMP). The core of the amendment is the partial adoption of EU Directive 2004/38/EC. These changes are not yet in force, but are clearly on the horizon. For affected families, this means: more rights for family reunification and new lines of argument.
Family reunification: What applies today?
Under the current Agreement on the Free Movement of Persons, EU/EFTA nationals are entitled to family reunification for:
- Spouses
- Children up to the age of 21 or children for whom maintenance is paid
- Parents and parents-in-law, if they are granted maintenance
Other relatives (e.g. siblings in need of care, unmarried partners) are not covered by the entitlement. Only in exceptional cases – via the Aliens and Integration Act (AIG) – can reunification be examined as a case of hardship.
What are the benefits of “updating” for family reunification?
The planned partial adoption of EU Directive 2004/38/EC will extend the right of subsequent immigration. A distinction must be made between a new legal entitlement and improved options that are at the discretion of the authorities.
Clear legal entitlement for registered partnerships: While this is already largely the case in practice, the equality of registered partnerships with marriage is now explicitly enshrined in the FMPA. The right to family reunification is thus extended to registered partners and their relatives.
Improved opportunities through discretionary decisions (“facilitated family reunification”): In future, the authorities must facilitate entry and residence for other relatives, subject to a detailed examination of personal circumstances. This applies in particular to
Relatives in need of care: Relatives for whom serious health reasons make personal care by the family member living here absolutely necessary can now also join the family.
- Other dependent family members and life partners: Persons who have been taken into the household in the country of origin, are maintained or live in a permanent relationship (civil partnership) are also given the opportunity to join the family.
When does the new legal situation apply?
The updated Agreement on the Free Movement of Persons is not yet in force. The Federal Council has approved the outcome of the negotiations and opened the consultation process on June 13, 2025. In this procedure, which lasts until October 31, 2025cantons, political parties and associations can comment on the agreement package.
The next step is the consultation in parliament. Once the consultation process has been completed, the final draft will be referred to the National Council and Council of States, which will discuss and vote on the package. The law is only deemed to have been adopted once it has been approved by both chambers.
As this is a treaty under international law, the package is subject to an optional referendum. This means that once it has been passed by parliament, there is a 100-day period in which 50,000 signatures can be collected for a referendum. Given the political importance of the issue, it is likely that a referendum will be held.
The new rules are therefore not expected to come into force until after a possible referendum in 2026 at the earliest, but could also be delayed further depending on the political process.
Conclusion
The updated factsheet shows: Family reunification in Switzerland will be extended in the future. A clear legal entitlement will be created for registered partners in particular. The opportunities for family members in need of care and other dependent family members will improve considerably, even if this remains a discretionary decision by the authorities. It is crucial for those affected to take the right steps today and seek legal advice at an early stage.
Our law firm not only assists clients with current law, but also with foresight – with a view to future developments. This allows us to take advantage of opportunities now that will soon become binding.
Family reunification planned? Get legal support now.
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Family reunification in Switzerland: Frequently asked questions (FAQ)
Yes, the chances of this are improving considerably. Under future legislation, it will be easier for family members of EU citizens to join them if there are serious health reasons that make personal care by them absolutely necessary. Until now, this was only possible in very limited cases of hardship. In future, there will be a clear legal basis for this, even if it remains a discretionary decision by the authorities.
There is good news here too. The “updating” of the Agreement on the Free Movement of Persons provides for easier reunification for partners of EU citizens in a long-term relationship in future. As with relatives in need of care, this will be a discretionary decision by the authorities. It is important that you can document your long-term relationship well (joint household in the country of origin, financial ties, etc.).
Yes, absolutely. In future, the equality of registered partnerships with marriage will be explicitly enshrined in the Agreement on the Free Movement of Persons. This will finally create legal certainty and give you a clear
Unfortunately not. The extensions to the Agreement on the Free Movement of Persons (AFMP) discussed here apply exclusively to EU/EFTA citizens.
For you, family reunification is governed entirely by the national Foreign Nationals and Integration Act (FNIA). The FNIA is much more restrictive and imposes stricter requirements, for example with regard to financial situation, housing conditions and compliance with deadlines. A legal entitlement exists primarily only for the nuclear family (spouse and minor children) and only under strict conditions.
Nevertheless, we may be able to use the more generous FMPA practice as an argument in hardship proceedings concerning the right to family life (Art. 8 ECHR).
This is an important strategic consideration. Submitting an application now can be wise in certain cases. At best, you can rely on future, more generous legal developments. Sometimes authorities take foreseeable changes to the law into account in their practice (so-called pre-effect).
Irrespective of this, it is advisable to start preparing an application for family reunification at an early stage. Collecting the necessary documents can often take several months.
Regardless of when you submit your application, you should start collecting evidence at an early stage. Depending on the situation, this may include
For parents in need of care: Detailed medical reports and care assessments proving that personal care by you in Switzerland is absolutely necessary.
For life partners (unmarried): Proof of the duration and intensity of your relationship (e.g. joint tenancy agreement abroad, joint bank accounts, photos, witness statements).
Generally for all cases:
Proof of your financial stability to be able to support the person joining you (salary statements, employment contract). Proof of suitable accommodation for the size of the family (tenancy agreement).
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.
