Questions regarding family reunification

Hi everyone,

I'm Mexican and currently still living in Mexico. My husband is born Swiss and living in Switzerland. After 3.5 years of marriage I am planing to move to Switzerland in the near future. However, there are still some open questions and maybe someone here can help us.

I guess the way to move forward is to apply for the family reunification. Does family reunification mean that I would get a B permit for 5 years until I could ask for C permit? While staying in Switzerland with a B permit, am I right assuming that I could still leave the country for maximum 6 months a year?

Further, did we understand correctly that it is only possible asking for family reunification if not more than 5 years have passed since the date of our civil wedding? After these 5 years it would not be possible anymore? This rule sounds hard to believe for us...

A lot of open questions and we would be happy for any help.

Yes, your husband needs to apply for family reunification for you and you will need to apply for a Type D visa at the Swiss embassy/consulate in Mexico to allow you to enter the country for more than the 90 tourist limit. Providing you meet the necessary requirements you could apply for a C permit after 5 years on a B.

If you’re out of Switzerland for more than 6 months at a time your permit will automatically expire and would have to apply for a new one.

And yes, generally you only have up to 5 years after the marriage to apply for the reunification.

All the info you need is here.

https://www.ch.ch/en/family-and-part…to-switzerland

Yes, you will need to have the B permit 5 years and then can get C permit. I can't remember if you're allowed to leave for Switzerland for 6 months or only 4.

I believe the rule is that you must apply within 5 years of your partner's return to Switzerland or of your wedding, unless you have a residence permit in a EU country. So if they are living with you in Mexico, the clock hasn't started yet. The logic of that rule is that if you have been married but living in different countries for more than 5 years, you have demonstrated that you don't really want to/need to live together, and therefore there is no need for family reunification.

You will be on a B permit for the first 5 years, but it will be renewable annually, it won’t be a 5 year permit. After 5 years of living here you can apply for citizenship, so you may never get a C permit (I went from B to citizen direct).

But don’t you need a C permit to apply for citizenship now? Or doesn’t that apply to spouses of Swiss citizens?

Not for facilitated.

Thank you all so much, this really helps and makes it more clear to me.

Back to the 6 months that you could be out of Switzerland per year. How is this calculated? As an example, it would not be possible to leave for 181 days in a continuous period, but it would be ok to leave one time for lets say 4 months and in the same year again for another 3 months?

I do not plan to leave that often but as I am supporting my parents with their health issues from time to time, it would be good to know if I am able to return to Mexico for giving my support when needed.

As far as I know (it doesn't seem to be written anywhere), it is 6 months in every 12. So you could do one month in one month out, or two months in two months out etc. But it's not per calendar year, rather a rolling 12 months, so you couldn't do July-Dec 23 then Jan-Jun 24 - if you get me.