Another appeal for advice from all you good Swiss-Forumsters please…
Background:
I am British, and have been living and employed in Aargau since late 2020, on a 5yr EU/EFTA B-permit (obtained prior to the Brexit extension period expiry.)
My wife (our marriage was prior-2020) is German, and has remained living in Germany in her hometown near parents, having never had any form of Swiss visa/residence. We are not legally separated, but have been living physically-apart since I immigrated to Switzerland in 2020, albeit with frequent weekend visits to maintain our family contact.
We have three children aged 9yrs, 8yrs and 5yrs. All (born in U.K.) with dual British/German citizenship. All have similarly remained living in Germany with their mother, and themselves having never had any form of Swiss visa/residence.
Our plan was/is for me to immigrate in advance of them here to Switzerland, establish residence, and prepare for them to subsequently follow-on to join me.
To this end, after many years searching, I have recently found and purchased a property (not in Aargau but rather in Uri.) It is currently registered in my name only. At 4.5 rooms, I believe it satisfies the “suitable accommodation” prerequisite for family reunification.
Our expectation was that this coming summer my wife and children would relocate to join me here in Switzerland.
My understanding is that this would be relatively straightforward legally – as being all E.U. citizens they could avail themselves of my/their existing AFMP family reunification rules.
Time Limit?:
However I am aware of the general five-year time limit for family reunification (one-year for children over 12yrs old).
Our aim was to complete our family reunification before this deadline so it would not apply to us.
Furthermore there is a complication – my wife’s parent has recently become severely ill, and it is now uncertain that she (and children) will be able to leave them as planned this summer.
If not, this will then take them over the 5yr family reunification time limit!
But upon my reading of the legalities, my hope is that due to my/our EU/EFTA status, I may have no such time limit to sponsor family in ?! Unlike Swiss citizens themselves or 3rd-country nationals?
Would anyone with a finer legal mind than mine care to proffer an opinion on this please?..
Earnings Requirement?:
As an additional uncertainty, I am unsure of my financial support requirements for such family reunification ‘sponsorship’:
I have read that as long as I stay EMPLOYED, there is no requirement of any financial support situation. However if unemployed or self-employed there is:
“If the main entitled person is an employee, then the right to family reunification is not contingent upon that person’s financial situation. Self-employed persons or economically inactive persons may only apply for family reunification if they have the necessary financial means to support these family members.”
i.e. If remaining employed, is my ability to sponsor my family reunification dependent or not upon of my current/future earnings?
As always, any information or advice will be gratefully received, many thanks in advance…