Ambiguity regarding EU/EFTA family reunification time limits (and financial earnings)?!

Another appeal for advice from all you good Swiss-Forumsters please… :wink:

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?

(www.vischer.com/en/knowledge/blog/discrimination-of-swiss-nationals-in-family-reunification-when-will-there-be-equal-treatment/)

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…

Can you post this in a different format?
It’s pretty much unreadable as it stands at the moment.

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An adequate home for you five has 4 or more rooms. Since you had the means to buy, it seems safe to assume there’s enough money. But this is only relevant if you apply for familiy reunion, which you probably don’t need.

EU/EFTA-citizens enjoy freedom of movement, those who demonstrate adequate financial means they have the right to immigrate, full stop. Thanks to your income (and their share in it) this seems a given, IMHO you don’t need to apply for family reunification.

the Swiss government says on EU/EFTA-citizens (they enjoy FMOP)

Residing in Switzerland without gainful activity

I’d like to spend time in Switzerland but not in order to work. Will I be granted authorization to stay?

To take up residence in Switzerland without pursuing a gainful activity, people such as pensioners, students, or those of private means need to register with the local authorities of the place they reside and apply for a residence permit for non-working persons. Registration has to be done 14 days after arrival at the latest. This type of residence permit will be granted if you can prove that you possess sufficient financial means for you and your family members not to have to rely on Swiss social security benefits. Financial means are defined as being sufficient if Swiss nationals in the same situation are not entitled to claim benefits. Furthermore, you need to show that you have taken out adequate accident and health insurance. Contact the appropriate cantonal migration authorities for detailed information.

Talk to your canton about this, this anonymous poster may be wrong. Then inform your commune, they’ll welcome early information about your kids (potentially) arriving and might have an information or other to provide.
List of the cantonal immigration and employment market authorities

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I think Roxi is probably right. I would add that given this doesn’t strike me as a canton dependent question (although the canton you move your family to will ultimately process it) you could also try asking the relevant department in Zürich who might have more experience applying these rules than their counterparts in Uri. I have always found them to be quite helpful.