Standard procedure

Family reunification — permit B holder (LEI)

Bringing spouse and children to Switzerland through family reunification — LEI arts. 43-45 for permit B holders, housing and means conditions, OCPM timelines.

Total duration: ~8 months

Procedure steps

  1. 01

    Check the basic conditions (LEI art. 44)

    The permit B holder must prove: (a) appropriate housing for family size, (b) sufficient financial means — no social assistance, (c) integration capacity. For the spouse, a legally valid marriage. For children: under 18 (or under 12 to receive a permit C immediately).

    • Duration: ~14 days
    • Authority: Lawyer — file analysis
  2. 02

    Comply with the 5-year filing deadline (LEI art. 47)

    The application must be filed within 5 years of obtaining the permit B or creating the family link. For children older than 12, this deadline is reduced to 1 year. Beyond: deferred family reunification, granted only for major family reasons (LEI art. 47 al. 4).

    • Authority: Lawyer — strict calendar
  3. 03

    Gather supporting documents

    Legalised civil-status documents (Hague Apostille for signatory countries), passports, lease, employment contract and payslips, certificate of no debt-enforcement, criminal record, debt-enforcement-office certificate, A1 attestation or European certificate where applicable.

    • Duration: ~1 months
    • Cost: CHF 500
    • Authority: Applicant + foreign authorities + sworn translators
  4. 04

    File the application with OCPM

    File at the Office cantonal de la population et des migrations (OCPM) — Geneva. Form B/E. Processing fee per person reunified. File examined by the competent service.

    • Duration: ~3 months
    • Cost: CHF 95
    • Authority: Office cantonal de la population et des migrations (OCPM)
  5. 05

    OCPM preliminary opinion then SEM transmission

    OCPM issues a preliminary opinion. If favourable, the file is transmitted to the State Secretariat for Migration (SEM) in Berne for approval. If unfavourable, opposition possible within 30 days.

    • Duration: ~2 months
    • Authority: OCPM → SEM (Berne)
  6. 06

    Entry-authorisation decision

    Positive decision: entry authorisation issued. Spouse and children must obtain a D visa from the competent Swiss representation, enter Switzerland within the deadline, and present themselves at OCPM within 14 days to obtain their permit B (or L for special cases).

    • Duration: ~2 months
    • Cost: CHF 80
    • Authority: Swiss embassy or consulate + OCPM
  7. 07

    Appeal in case of refusal

    Refusal decision: opposition to OCPM (30 days), then appeal to the Tribunal administratif de première instance (TAPI), then Cour de justice — Chambre administrative, then Federal Tribunal. Short deadlines, no exceptions.

    • Duration: ~6 months
    • Authority: TAPI → Cour de justice → Federal Tribunal

Legal basis

LEI art. 50 — protection after divorce

If the marriage that founded the family reunification breaks down, LEI art. 50 allows the reunified spouse to keep their permit if: (a) the conjugal union lasted at least 3 years and integration is successful, or (b) major personal reasons make return difficult (domestic violence, best interests of a child schooled in Switzerland). This is a critical watch point in binational divorces.

Frequently asked questions

What is the deadline to file family reunification with a permit B?

Five years from the granting of the permit B or the creation of the family link (marriage, birth), for spouse and children. One year only for children older than 12. Past these deadlines, family reunification is granted only on major family grounds under art. 47 al. 4 LEI — e.g., death of the custodial parent, prolonged schooling in Switzerland.

Is there a minimum income to obtain family reunification?

No explicit numeric threshold, but the OCPM verifies that financial means cover the family's needs without dependence on social assistance (art. 44 LEI). In practice in Geneva, you generally need to show CHF 4'000-5'000 net monthly income for a spouse + one child. The work contract, the last 6 months of payslips, and the no-debt-enforcement certificate are requested.

Can my spouse work immediately upon arrival in Switzerland?

Yes. Once the regrouped permit B is delivered, the spouse has access to the labour market without prior authorisation. They can work in any activity, throughout Switzerland. The permit is renewed annually for the first years, then converts to a permit C after 5 years (EU/EFTA) or 10 years (others), subject to integration.

What happens to my spouse if we divorce?

Art. 50 LEI maintains the residence right if (a) the conjugal union lasted at least 3 years AND integration is successful, OR (b) major personal reasons make return difficult (domestic violence, lasting integration of a child in Switzerland). The file must be built alongside the divorce procedure, with medical evidence, school certificates, support letters. It's a sensitive area for the firm.

This procedure overview is provided for information only and does not replace individual legal advice.

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