Foreign Nationals and Integration Act (FNIA)

Art. 42FNIA from 2020

Art. 42 Family members of Swiss nationals

¹ The foreign spouse and unmarried children under 18 of a Swiss national who live with the Swiss national are entitled to be granted a residence permit and to have their residence permit extended.

² Foreign family members of Swiss nationals are entitled are entitled to be granted a residence permit and to have their residence permit extended if they are in the possession of a permanent residence permit from a country with which an agreement on the free movement of persons has been concluded. Family members are:

a.

the spouse and the relatives in the descending line who are under 21 or who are dependants;

b.

the relatives of either spouse in the ascending line who are dependants.

³ After a law-abiding and uninterrupted period of stay of five years, a foreign spouse is entitled to be granted a permanent residence permit if the integration criteria set out in Article 58a are met.¹

⁴ Children under twelve are entitled to be granted a permanent residence permit.

¹ Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).