Why there is no legal entitlement — hardship case as the only option.
Last reviewed
03.06.2026
Statute as of
01.01.2024
Statute citations
4 linked
Reading time
7 min read
As of: 01.06.2026 · Snapshot
Sibling family reunification — the legal situation
Effective date: 01.01.2024.
Status
Frequently asked
4 answers on this topic.
Concrete questions people ask about Sibling reunification..
Siblings are not covered by the family reunification provisions – art. 42–45 LEI and the Agreement on the Free Movement of Persons only protect spouses and children. Siblings must find their own way: studies, employment with a B residence permit (third-country nationals: quota required), marriage. There is no legal entitlement to joint residence with siblings.
Statute citations
4 statute citations, each linked directly.
01Reviewed: Tier A · Info
AIG SR 142.20 Art. 42-43 (Familiennachzug Schweizer / Ausländer)
: AI initial draft. Publication only after Senior Counsel sign-off (ADR-018).
The key question
A person residing in Switzerland (Swiss citizen, C settlement permit, B residence permit) wishes to bring siblings, aunts/uncles, cousins, adult parents or other relatives from abroad to Switzerland. Is this possible?
Short answer: No – not under a statutory right to family reunification. Swiss migration law only recognises family reunification for the immediate family (spouses, registered partners, minor children). Siblings and other relatives are outside this group.
Who belongs to the immediate family
The Swiss family reunification system recognises the following categories of eligible persons:
For Swiss nationals (AIG Art. 42)
Spouses and registered partners.
children under the age of 18 in common;
in some situations, adult children with special needs.
For foreign nationals with a residence or settlement permit (FNIA Art. 43-45)
Spouses;
children under the age of 18 in common.
The deadline for making a claim is 5 years from the start of family reunification (or the formation of the family); for children over 12 years of age, the deadline is reduced to 12 months (FNIA Art. 47).
For EU/EFTA nationals (AFMP Annex I, Art. 3)
The AFMP slightly expands the scope:
Spouses;
registered partners;
Children and grandchildren under the age of 21 (as well as older children/grandchildren who receive maintenance payments);
Relatives in the direct ascending line (parents, grandparents) to whom maintenance is provided.
However, there is also no right of family reunification for siblings under the FZA.
What is not permitted – and what only allows for very rare exceptions
Siblings, cousins, aunts/uncles
No statutory right. These relatives do not fall within the immediate family circle and are therefore not covered by Art. 42-45 LEI/LStrI/FNIA or AFMP Annex I Art. 3.
Adult parents of a holder of a B/C permit from a third country
No statutory right. Only the AFMP extends the scope to include ascending relatives (parents), and even then only if maintenance is provided (which is a substantial hurdle and is assessed on a case-by-case basis).
Adult parents of a Swiss national
No statutory right. Art. 42 FNIA does not recognise parents as persons entitled to family reunification.
The hardship case route (Art. 30 para. 1 lit. b LEI/LStrI/FNIA)
In very rare cases, a person outside the immediate family can obtain a residence permit via the hardship case procedure (life-events/le_haertefall_art30.md). Examples from practice:
a minor sibling remaining in the country of origin, whose parents have both died, and for whom the adult sibling living in Switzerland is the only remaining point of contact — very rarely recognised;
a parent in need of intensive care in a country without a realistic care infrastructure, if the Swiss child is the only financial and personal support — a very restrictive practice;
a person at risk of political persecution in their home country who has family members in Switzerland — primarily through asylum proceedings, not through family reunification.
These hardship cases are assessed at the discretion of the authorities, with varying approaches across cantons, and have low success rates (typically in the single-digit percentage range for extended family members outside the immediate family).
Tourist visa / visitor visa (90 days)
If you do not wish to bring a relative to Switzerland for permanent relocation, but rather for a visit of up to 90 days, you can apply for a Schengen visa (for relatives from third countries who require a visa). The inviting person assumes a declaration of commitment for the stay.
This is not a permanent residence permit and does not provide a solution to the issue of family reunification.
ECHR Art. 8 — Right to family life
The EMRK Art. 8 protects the right to family life. The scope of protection primarily covers the nuclear family relationship between parents and minor children, as well as between spouses.
Sibling and other family relationships fall within the scope of protection of Article 8 of the ECHR only in exceptional cases, namely when:
a special relationship of dependence exists, which goes beyond the normal family ties (e.g. lifelong need for care, living in the same household for a long time, etc.);
a legally binding reason for concern exists (sibling guardianship following the death of the parents, etc.).
Even under Article 8 of the ECHR, a claim for the right to family reunification for siblings is only conceivable in very limited exceptional cases — and even then, only via the hardship case procedure, and not via an independent right to family reunification.
What this file is NOT
no strategy to present family relationships in such a way that a sibling relationship appears as a parent-child relationship;
no recommendation to submit a hardship case application based on a fabricated dependency situation;
no assessment of prospects for a specific situation — this requires individual legal assessment by a lawyer.
Anti-Scope (STRICT): Anyone considering a hardship case involving a sibling relationship should consult with a lawyer specialising in immigration law and registered with the FAC. The chances of success depend on the specific circumstances of the case, but are generally low.
Practical tips
Tip 1 — Plan tourist visits: If you want relatives to visit you in Switzerland without them relocating permanently, you should plan regular visits — Schengen visa for third-country nationals who require a visa, with a declaration of commitment.
Tip 2 — Check the status of immediate family members: In the case of minor siblings whose parents have died, a guardianship (decided by the competent court of origin) may change the status. The guardianship establishes legal parental responsibility, which may then bring the person within the immediate family circle.
Tip 3 — Acknowledge the political reality: Swiss legislation has deliberately defined family reunification in a narrow way. A political extension of the scope is not being prepared in the foreseeable future. Anyone who has this expectation should plan realistically.
Status of sources: Fedlex·AIG Art. 42-47 as of 01.01.2024 · FZA Annex I Art. 3 as of 01.06.2002 · ECHR Art. 8 + ECtHR case law as of 2026 · Federal Supreme Court case law on family reunification.
Duty to review: whenever there is a change to the AIG Articles 42-47 or a significant decision by the ECtHR/Federal Supreme Court regarding the scope of protection for family reunification.
As of: 01.06.2026 · Snapshot
Reflects the cited law as of the snapshot — not a check of current force.
