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Old 08.12.2019, 23:55
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Family Reunification Process

Hi there

Hoping someone can give us some advice

We are trying to arrange for our Grandmother, from a non-EU country, to join her daughter in Zurich as our Grandfather passed away recently and she is now alone and dependant upon our care. She would be staying with my parents who are permanent residents with British passports in Zurich, and whose accommodation is more than adequate for one extra person. My father has been working in Switzerland, close to Zurich, for almost 10 years.

Has anyone got any advice about this process and how quickly it can be arranged? Should we foresee any difficulties?

We have considered requesting a 90-day visa while we apply for her permanent stay from Zurich but as we're hoping not to return back to her home country in 2020, we want to apply for a more permanent option first as we have a few commitments already for 2020.

Any advice would be most appreciated.

From a concerned and hopeful Daughter and Grand-daughter
MG.
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Old 09.12.2019, 00:25
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Re: Family Reunification Process

See here for starters:
https://www.ch.ch/en/family-reunification-eu-efta/

According to this, EU citizens resident in Switzerland may bring in parents and grandparents regardless of that family member's citizenship.

However, the rules change for non-EU citizens resident in Switzerland. These generally are limited to bringing in only spouses and children under 18. See here:
https://www.ch.ch/en/family-reunification/

There might be the possibility of an individually negotiated exception for a dependent parent of non-EU citizens resident in Switzerland, but that gets complicated. (Been there, couldn't do that.)

So... your parents need to get cracking and get this going before Brexit.

(I have no idea if this is one of the things that has been negotiated between Switzerland and the UK in a post-Brexit world. Hopefully someone who knows more about this aspect will be along soon.)
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Old 09.12.2019, 07:00
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Re: Family Reunification Process

Don't bring her here on a visitor visa, that will only cause problems. Like it or not she'll have to wait until you're sure you can get a family reunification permit for her. She would need a Type D visa to be able to enter Switzerland for more than the 90 day tourist limit.

As MC said EU/ETFA citizens can bring their parents here regardless of whether they're EU or non-EU nationals. Talk to your gemeinde/cantonal migration office to find out exactly what you need to provide in the way of documentation and get the application in asap.
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Old 15.03.2020, 12:21
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Re: Family Reunification Process

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See here for starters:
https://www.ch.ch/en/family-reunification-eu-efta/

According to this, EU citizens resident in Switzerland may bring in parents and grandparents regardless of that family member's citizenship.

However, the rules change for non-EU citizens resident in Switzerland. These generally are limited to bringing in only spouses and children under 18. See here:
https://www.ch.ch/en/family-reunification/

There might be the possibility of an individually negotiated exception for a dependent parent of non-EU citizens resident in Switzerland, but that gets complicated. (Been there, couldn't do that.)

So... your parents need to get cracking and get this going before Brexit.

(I have no idea if this is one of the things that has been negotiated between Switzerland and the UK in a post-Brexit world. Hopefully someone who knows more about this aspect will be along soon.)
Can anyone confirm whether existing British residents in Switzerland will be treated as non-EU for the purposes of bringing family members to Switzerland after the transition period?
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Old 15.03.2020, 12:47
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Re: Family Reunification Process

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Can anyone confirm whether existing British residents in Switzerland will be treated as non-EU for the purposes of bringing family members to Switzerland after the transition period?
Yes, because British citizens will be non-EU themselves unless anything changes during the EU negotiations that Switzerland might want to adopt as well. Why would you think otherwise? Just because you're already here isn't going to mean you stay EU.
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Old 23.11.2020, 20:43
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Re: Family Reunification Process

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Yes, because British citizens will be non-EU themselves unless anything changes during the EU negotiations that Switzerland might want to adopt as well. Why would you think otherwise? Just because you're already here isn't going to mean you stay EU.
I think (but am not certain) that this is incorrect in view of Article 12.2 of the CH-UK citizens rights agreement itself in view of Articles 3.1 and 3.2.b Annex 1 of FMOPA.

That's to say I believe that a "pre-existing" UK citizen can bring their parents or their spouses parents over, regardless of the nationality of the spouse or either sets of parents after the transition period.

That's my reading of it anyway. Im a lawyer but not in this area. It'd make sense as the point of the agreement is to preserve the rights of existing residents.

Last edited by HickvonFrick; 23.11.2020 at 21:01.
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Old 16.02.2021, 18:34
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Re: Family Reunification Process

Thank you to everyone for your input. I thought I had not received any replies. I am unfamiliar with the forum.

Update: So far her long-stay permit which we applied for has been declined as they feel there is reason to believe she can look after herself financially and she has other family members in her own country who can look after her. We have a final possibility to appeal. We have used a lawyer but they do not recommend moving the case any further.

Their reasoning for the rejections are not all valid in that she has the means to look after herself but in terms of family, we are all she has. The other family members do not feel a responsibility towards her well-being.

Unfortunately, we are now stuck. We don't know whether to appeal or to request the usual visitors permit and ask her to visit intermittently. We are concerned that they may now even reject a visitors permit.

Brexit: I'm not sure if this has caused a problem for us as we submitted our case prior to 31st December 2020. COVID has made this an extremely difficult situation though.
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Old 17.02.2021, 20:02
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Re: Family Reunification Process

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Thank you to everyone for your input. I thought I had not received any replies. I am unfamiliar with the forum.

Update: So far her long-stay permit which we applied for has been declined as they feel there is reason to believe she can look after herself financially and she has other family members in her own country who can look after her. We have a final possibility to appeal. We have used a lawyer but they do not recommend moving the case any further.

Their reasoning for the rejections are not all valid in that she has the means to look after herself but in terms of family, we are all she has. The other family members do not feel a responsibility towards her well-being.

Unfortunately, we are now stuck. We don't know whether to appeal or to request the usual visitors permit and ask her to visit intermittently. We are concerned that they may now even reject a visitors permit.

Brexit: I'm not sure if this has caused a problem for us as we submitted our case prior to 31st December 2020. COVID has made this an extremely difficult situation though.
Sorry to hear this. If your lawyer says there's no reason to continue then they're probably right and have a sense of your odds of succeeding on appeal. If the grandmother can support herself financially, she doesn't fall under the rule of being your (or your parents') dependent. Unfortunately, the fact other family members "don't feel a responsibility" isn't enough either. If there are others who could help her there, the Swiss don't see any reason why she needs to be here.

I don't know whether you'd have any risk applying for a visitor visa so soon after being rejected for a longer stay visa. Maybe someone else will have more info on that.
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Old 17.02.2021, 21:35
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Re: Family Reunification Process

Thanks
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