I am a citizen of Portugal. I have been offered a job in Switzerland as an IT analyst. I am male, officially married as registered in Portugal, and have been separated from my spouse (also male) for a year.
I am in a committed relationship with a man from Central America and I am able to support both of us with my Swiss salary and commit to be financially responsible for him.
Can a EU person settled and working in Switzerland apply for family reunification with a non-EU person even though the EU person is married?
Also, I am currently in the US which is where my spouse lives. If my spouse and I go to a lawyer and sign a document that we are officially dissolved as a couple and have the USA lawyer witness it, can I a EU person who is going to Switzerland and working thus apply for family reunification with my non-EU non-married partner? My spouse and I are wanting to officially divorce in Portugal but we have not been able to arrange a time where both of us are able to do such.
Sounds like a complicated situation, and one that is best answered by the embassy. Off the top of my head, I think the authorities here might struggle to see proof of a committed, long-term relationship (needed for the dependent permit) when you're still married to someone else. After a divorce I think it would be much easier to prove.
If the person who you wish to invite to live with you to live here (and support financially) is not from EU, then only MARRIAGE is accepted (or equivalent for same-sex).
As you’re still officially married to someone else I very much doubt that the Swiss authorities would allow this under family reunification. For same-sex relationships they would want evidence of a long-term, committed relationship, ideally with a registered “marriage” document. Given that you have only split from your former partner a year ago I don’t think they will consider your new relationship as a long-term one yet. This is from the bfm.admin link you gave:
“The relevant cantonal immigration authority will ask for documentation proving that the cohabitation relationship has already existed for some years,”
This also from the bfm.admin website:
Family reunification
Who may apply for family members to join them and reside in Switzerland? Spouses Children or grandchildren who are under 21 years of age or who financially depend on the petitioner Parent(s) and grandparent(s), provided that they financially depend on the petitioner http://www.bfm.admin.ch/content/bfm/…25.html#a_0025
Without an official “marriage” document, they will not consider your partner to be your spouse unless you can provide other documentation like joint-named rental agreements, bank statements, etc, to show that the relationship has been in existence for several years.
You will need to get a divorce from your spouse, and you need to enter a civil partnership or equivalent officially with your partner in order to for your partner to move/live in Switzerland under condition of family reunion. I assume you will get a B-permit (EU/EFTA) due to your EU citizenship, and your (future) domestic partner once approved by the Swiss authority will get the same.