Foreign Nationals and Integration Act (FNIA)

Art. 85FNIA from 2022

Art. 85

¹ The permit for temporarily admitted persons (Art. 41 para. 2) is issued by the canton of residence for a maximum of twelve months for control purposes and is extended subject to the reservation of Article 84.

² For the allocation of temporarily admitted persons, Article 27 AsylA²⁵⁷ applies mutatis mutandis.

³ Temporarily admitted persons must submit their application to move to another canton to SEM. SEM shall make a final decision subject to the reservation of paragraph 4 on the change of canton after hearing the cantons concerned.

⁴ The decision on the change of canton may only be contested on the ground that it violates the principle of family unity.

⁵ Temporarily admitted persons are free to choose their place of residence within their current canton or the canton to which they are allocated. The cantonal authorities may allocate a place or residence or accommodation to temporarily admitted persons who are not recognised as refugees, and who are in receipt of social assistance.²⁵⁸

⁶ ...²⁵⁹

⁷ Spouses and unmarried children under 18 years of temporarily admitted persons and temporarily admitted refugees may be reunited with the temporarily admitted persons or refugees at the earliest three years after the order for temporary admission and included in that order if:

a.

they live with the temporarily admitted persons or refugees;

b.

suitable housing is available;

c.

the family does not depend on social assistance;

d.²⁶⁰

they can communicate in the national language spoken at the place of residence; and

e.²⁶¹

the family member they are joining is not claiming annual supplementary benefits under the SBA²⁶² or would not be entitled to receive such benefits because of family reunification.

^7bis In order to be granted temporary, it is sufficient to register for a language support programme as an alternative to meeting the requirement set out in under paragraph 7 letter d.²⁶³

^7ter In the case of single children under the age of 18, the requirement set out in paragraph 7 letter d does not apply. The requirement of Article 49a paragraph 2 may be also waived for good cause.²⁶⁴

⁸ If, on assessing the reunification of spouses in accordance with Articles 42–45, SEM has reason to believe that there are grounds under Article 105 numbers 5 or 6 CC²⁶⁵ for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The request for the reunification of spouses is suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.²⁶⁶

²⁵⁷ SR 142.31

²⁵⁸ Second sentence inserted by Annex No 1 of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).

²⁵⁹ Repealed by No I of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).

²⁶⁰ Inserted 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).

²⁶¹ Inserted 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).

²⁶² SR 831.30

²⁶³ Inserted 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).

²⁶⁴ Inserted 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).

²⁶⁵ SR 210

²⁶⁶ Inserted by No I 1 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).