Marrying another foreign national in Switzerland

When two foreign nationals marry in Switzerland, the permit the newly married spouse gets depends on the permit of the other spouse, the "anchor". If the anchor is an EU/EFTA citizen, the free movement rules apply and are generous. If the anchor is a third-country national with a C permit, you have a right to family reunification; with a B permit, the canton decides; with an L permit, reunification is possible but limited. In every FNIA case, you must apply within five years of the marriage and meet conditions on housing, money and language.

In short

• Anchor with a C permit (third country): a right to a B permit for the spouse under Art. 43 FNIA, if you live together, have suitable housing, do not need social assistance and the spouse has A1 oral skills in a national language.
• Anchor with a B permit (third country): the same conditions under Art. 44 FNIA, but the canton has discretion, with no legal right.
• Anchor with an L permit: reunification is possible under Art. 45 FNIA, but only as an L permit with the same time limit.
• Anchor from the EU/EFTA: the AFMP applies. No language test, no separate income proof, and the spouse can work anywhere in Switzerland.
• Deadline: apply within five years of the marriage (Art. 47 FNIA). Later applications need important family reasons.

Which rules apply

There are three main situations:

1. Both spouses are EU/EFTA citizens: the Agreement on the Free Movement of Persons (AFMP, SR 0.142.112.681), Annex I Art. 3 AFMP.
2. At least one spouse is a third-country national: the Federal Act on Foreign Nationals and Integration (FNIA, SR 142.20), Art. 43 or Art. 44 FNIA depending on the anchor's permit.
3. One EU/EFTA and one third-country spouse: if the EU/EFTA citizen is the anchor, the third-country spouse usually benefits from the more favourable AFMP family rules.

If one spouse is Swiss, Art. 42 FNIA applies instead. The foreign spouse of a Swiss citizen has a right to a residence permit and its renewal while the couple live together, and to a settlement permit after five years of lawful, uninterrupted residence if integrated (Art. 42 para. 3 FNIA). Facilitated naturalisation follows Art. 21 of the Swiss Citizenship Act (SCA, SR 141.0). See marriage to a Swiss national.

Anchor spouse with a C permit (Art. 43 FNIA)

If the anchor is a third-country national with a C settlement permit, Art. 43 FNIA gives a legal right to family reunification. The authority has no discretion if the conditions are met and there is no ground for revocation. You need:

1. to live together at the same address in Switzerland;
2. suitable housing;
3. enough money: the family must not depend on social assistance;
4. A1 oral skills in a national language (Art. 43 para. 1 let. d FNIA, in force since 01.01.2019);
5. no ground for revocation under Art. 62 or 63 FNIA.

The spouse gets a B residence permit for family reunification. After five years of uninterrupted residence it can become a C permit if the integration criteria are met, or earlier with successful integration and good skills in the local national language (Art. 34 para. 4 FNIA).

Practical points:

• The A1 proof can be obtained before entering Switzerland. The SEM keeps the list of recognised certificates (see "Language proof" below).
• The five-year deadline of Art. 47 FNIA applies. After it, you need important family reasons (Art. 47 para. 4 FNIA).
• The anchor usually provides the permit card, the tenancy agreement showing the size of the flat (practice varies; as a rule of thumb, roughly one room more than the number of people), recent payslips and possibly the tax assessment. Self-employed people provide a balance sheet, income statement and OASI confirmation. The cantonal migration office sets the exact list.
• Receiving social assistance when you apply usually leads to refusal. Earlier assistance can also count, depending on amount and circumstances.
• How strictly cantons check finances varies a lot. Your cantonal migration office's practice is what counts.

Anchor spouse with a B permit (Art. 44 FNIA)

If the anchor is a third-country national with a B permit, Art. 44 FNIA applies. The conditions are the same (living together, suitable housing, enough money, A1 oral skills under Art. 44 para. 1 let. d FNIA, and no ground for revocation under Art. 62 FNIA), but the decision is at the canton's discretion. There is no legal right.

The spouse gets a B permit linked to the anchor's permit, usually for the same period and renewed together with it.

• Because the canton has discretion, it checks finances especially closely. A tight or fluctuating income can lead to refusal.
• The five-year deadline of Art. 47 FNIA applies.
• If the conditions are not met, a hardship case under Art. 30 FNIA is possible, but rarely succeeds and usually needs a lawyer. See the hardship clause under Art. 30 FNIA.
• If the anchor loses their permit, the spouse's permit is affected too, unless the spouse has an independent right to stay under Art. 50 FNIA after the marriage ends.
• When the anchor's permit is renewed, the spouse's usually is too. No separate application is needed, but you normally appear with passport and permit card.
• If the family depends on social assistance for a long time, the canton can refuse to renew or revoke the spouse's permit. Whether a working spouse can switch to an independent permit is decided case by case and varies by canton.

Why the difference matters. Under Art. 43 FNIA (a legal right), courts fully review a refusal. Under Art. 44 FNIA (discretion), the Federal Supreme Court only checks for abuse of discretion, arbitrariness or breach of the law.

Anchor spouse with an L permit (Art. 45 FNIA)

The L short-term permit (Art. 32 FNIA) is for stays of up to one year, renewable up to two years in total. Under Art. 45 FNIA, the spouse and unmarried children under 18 may get an L permit if they live with the anchor, have suitable housing and do not depend on social assistance. Art. 45 let. d FNIA excludes reunification if the anchor receives supplementary benefits, or would receive them because of the reunification.

There is no legal right: the canton decides. The spouse's L permit shares the anchor's time limit. Many couples wait until the anchor moves to a B permit, when the more favourable Art. 44 FNIA may apply. Practice differs by canton.

Anchor spouse from the EU/EFTA (Annex I Art. 3 AFMP)

If the anchor is an EU/EFTA citizen with an AFMP permit (B-EU/EFTA or C-EU/EFTA), Annex I Art. 3 AFMP applies. It is broader and has fewer conditions than the FNIA:

• Who can come: the spouse, children up to 21 (whether or not in education) and dependent relatives in the ascending line.
• No language test. This is an FNIA requirement only.
• No separate income proof, as long as the anchor meets the AFMP residence conditions (work, services, or enough money if not working).
• Housing: required in practice, but checked less strictly than under the FNIA.

A third-country spouse of an EU/EFTA citizen gets a B permit noted "family member EU/EFTA" and in principle the same rights as the anchor, including the right to work anywhere in Switzerland without a separate authorisation.

Example: a Portuguese citizen with a B-EU/EFTA permit in Geneva marries a Brazilian living in Bern. The Brazilian spouse gets a B permit "family member EU/EFTA", without A1 proof and without income proof beyond the anchor's own AFMP means.

No previous EU residence needed. The Court of Justice of the European Union (the "Metock" case) held that a third-country spouse of a Union citizen need not have lived lawfully in an EU state before. The Federal Supreme Court follows this for the AFMP. So a third-country spouse can in principle join an EU/EFTA citizen in Switzerland even without prior EU/EFTA residence. The exact scope depends on the facts.

Separation without divorce. The spouse's AFMP right depends on the marriage legally continuing. It formally continues during a lasting separation, but the migration office checks for abuse under Federal Supreme Court case law, for example if the anchor has left Switzerland or the marriage has clearly ended for good.

The deadline (Art. 47 FNIA)

• Spouses: apply within five years.
• Children over 12: apply within 12 months (Art. 47 para. 1 FNIA). This is applied strictly and matters for shared children and children from earlier relationships.
• Start: when the anchor receives the permit or when the family relationship arises (Art. 47 para. 3 let. b FNIA). If you marry while the anchor already lives here, the deadline starts on the wedding date.

The deadline runs by the calendar from the formal grant of the anchor's permit or the marriage, not from entry or registration. What counts is the date you file with the cantonal migration office, not the decision or the spouse's arrival. If the anchor's permit was delayed, for example after an L phase, the start date depends on cantonal practice.

If you miss the deadline, reunification is only possible for important family reasons (Art. 47 para. 4 FNIA), which rarely succeed, for example documented, unforeseeable events in the home country or a change in who cares for the children.

Getting married in Switzerland

You marry at the civil registry office where you live:

1. Preparatory procedure. Both of you register in person with:
   • a valid passport;
   • your permit card (B, C, L or Ci) or registration confirmation;
   • for third-country nationals, a certificate of capacity to marry from the home country, with apostille or consular legalisation if needed, translated into an official Swiss language;
   • birth certificate and, if applicable, a family record.
2. Checks by the civil registry office, including for marriages of convenience (Art. 97a CC).
3. The wedding must take place within three months of being told the preparatory procedure is complete, or you must start again (Art. 100 CC). How long the procedure takes varies by canton; the registry office will tell you.
4. Ceremony by the civil registrar.
5. Entry in the civil status register.

A religious ceremony can follow the civil marriage (Art. 97 para. 3 CC). It has no effect on your permits.

If a permit is about to expire. The registry office checks that the partner who is not Swiss is lawfully resident (Art. 98 para. 4 CC with Art. 99 CC). Without lawful residence you generally cannot marry in Switzerland, a rule in force since 1 January 2011. A marriage to avoid an imminent removal is often treated as a sign of a marriage of convenience. If your marriage is genuine but a permit is expiring, get legal advice first.

If you marry here, move abroad and return. You do not automatically qualify under Art. 43 or 44 FNIA. Your return needs its own basis (a job, study, family reunification), and the conditions must be met again.

Marrying abroad

A marriage validly concluded abroad is recognised in Switzerland if it does not breach Swiss public policy (Art. 45 PILA, SR 291). The civil registry office where you live or the cantonal civil status supervisory authority handles recognition. You need the legalised or apostilled marriage certificate with a translation. Recognition is required before registration in Switzerland and before any permit follows.

Not recognised, or only partly:

• polygamous marriages: only the first marriage is recognised (see the ban on bigamy, Art. 96 CC);
• religious marriages without state registration in countries that have civil registration;
• child marriages involving someone under 18: invalid without time limit (Art. 105 CC, no. 6);
• proxy marriages: practice varies; more likely recognised if both spouses were in the country of marriage.

Marriages of convenience (Art. 51 FNIA, Art. 97a CC)

• Art. 97a CC: the registry office refuses to proceed if the couple clearly do not want a shared life but want to get around immigration rules.
• Art. 51 FNIA: the rights to family reunification under Art. 42, 43 and 44 FNIA lapse if the marriage was only concluded to get around immigration law.

Courts look at indications such as a large age gap, no common language, a very short acquaintance, money transfers without a family reason, a wedding just before a removal, not knowing basic facts about the other spouse, and living apart soon after the wedding. No single sign is decisive; the overall picture counts. The authority bears the burden of proof, but you have a strong duty to cooperate (Art. 90 FNIA).

The migration office may question you separately about your shared life and, if suspicious, visit your home to check you live together. You must answer truthfully, but disproportionate intrusions, such as inspecting the bedroom, are limited by practice and Federal Supreme Court case law.

Consequences can include refusal of the marriage, refusal or revocation of the permit, and prosecution for obtaining a permit by deception (Art. 118 FNIA). If you are genuinely married and face such a procedure, get a lawyer.

Cantonal authorities

Federal law is the same everywhere, but authorities, languages and discretion differ.

Ask your cantonal migration office for current processing times. See also Canton Zurich, Canton Geneva and Canton Vaud.

Same-sex couples

• The Partnership Act (PartA, 18.06.2004, in force 01.01.2007) created registered partnerships for same-sex couples, with residence effects largely like marriage (Art. 52 FNIA).
• Marriage for all was approved by popular vote on 26.09.2021 and came into force on 01.07.2022. Same-sex couples can now marry, and the residence rules are identical to those for other marriages: Art. 42 to 44 FNIA or Annex I Art. 3 AFMP.
• Since 01.07.2022, no new registered partnerships can be formed; existing ones remain valid.
• You can convert a partnership into a marriage by a joint declaration at the civil registry office. The years of partnership count towards the marriage, for example for Art. 50 para. 1 let. a FNIA and for facilitated naturalisation when married to a Swiss citizen.

Separation or divorce

For third-country nationals whose permit comes from Art. 42, 43 or 44 FNIA, Art. 50 FNIA lets you keep your permit if:

• the marriage lasted at least three years and you meet the integration criteria (Art. 50 para. 1 let. a FNIA); or
• there are important personal reasons, in particular domestic violence (Art. 50 para. 1 let. b with Art. 50 para. 2 FNIA).

For AFMP family members, different rules apply, based on Annex I Art. 3 AFMP and Federal Supreme Court case law. See separation and divorce (Art. 50 FNIA).

Language proof

Under Art. 43 and 44 FNIA, the joining spouse needs A1 oral skills in a national language (German, French, Italian, or Romansh depending on the canton). Accepted proof includes:

• the fide language proof (levels A1, A2, B1);
• certificates on the SEM list that follow the Common European Framework of Reference, such as telc, Goethe-Institut, ÖSD, DELF/DALF and CELI;
• a Swiss school-leaving qualification or studies in the national language.

The SEM keeps the current list on its language proof page. You can take the test before entry, at fide-accredited centres, or after arrival within a deadline set by the authority.

You are exempt if a national language is your mother tongue or you attended compulsory school for at least three years in a national language (Art. 77d OASA, SR 142.201). Test fees are set by the providers; cantons cover them only in some cases.

Naturalisation after marriage

Facilitated naturalisation (Art. 21 SCA) is only for spouses of Swiss citizens. If you are married to another foreign national, you follow ordinary naturalisation under the SCA and the Citizenship Ordinance (SCO, SR 141.01):

• at least ten years of residence in Switzerland, with years between ages 8 and 18 counting double (Art. 9 para. 2 SCA), and at least six years actually spent here;
• three of the last five years before you apply spent in Switzerland;
• a C settlement permit (Art. 9 para. 1 let. a SCA);
• integration under Art. 12 SCA: respect for public security and order and constitutional values, language skills, work or education, and supporting your family's integration;
• language: at least B1 oral and A2 written (Art. 6 SCO);
• cantonal and municipal residence requirements, which vary; ask your municipality or cantonal naturalisation authority.

If you are married to a Swiss citizen, facilitated naturalisation under Art. 21 SCA requires five years in Switzerland and three years of marriage, or six years of marriage if you have lived here less. See the Citizenship Act 2018 Glossary and naturalisation in Switzerland.

Where to get help

For advice on your own case, especially if you face a marriage of convenience procedure, contact a lawyer registered in a cantonal bar register (Lawyers Act, LLCA, SR 935.61), for example through the Ordre des Avocats de Genève or the Anwaltsverband ZH. Free first advice is available from cantonal legal information offices, Caritas, HEKS and the Centre social protestant (CSP) in French-speaking Switzerland. For procedure, ask your cantonal migration office; for the wedding and recognition of a foreign marriage, the civil registry office.

Related pages:

• The B residence permit
• Free movement EU/EFTA and the AFMP glossary
• Deadlines table for Swiss immigration law
• FNIA/OASA glossary