Family reunification: bureaucracy blocks children for years (cross-border guide)

Context

In Brief

• Administrative procedures, not laws, are blocking family reunifications in Switzerland
• Families examined remained separated for 9 to 10 years
• Family reunifications in documented cases lasted up to 7 years
• The Swiss Observatory demands a maximum duration of 1 year

Key Facts

• Source: Swiss Observatory for Asylum and Foreign Law (SBAA)
• Publication: Report published Tuesday
• Average separation duration: Between 9 and 10 years in examined cases
• Family reunification procedure duration: Up to 7 years
• SBAA Proposal: Maximum 1 year for application review
• Main impact: On children and minors

It is not the laws that are blocking family reunifications in Switzerland, but rather the slowness of administrative procedures. This is the claim made on Tuesday by the Swiss Observatory for Asylum and Foreign Law (SBAA) with a new specialist report that particularly points to the devastating consequences for children.

The problems are concrete: documents that are difficult to obtain, high costs, and constant shifts of jurisdiction between federal and cantonal authorities. These obstacles, apparently technical, transform into years of family separation. In the cases examined by the report, families remained separated for nine to ten years.

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Operational details

The devastating impact on children

It is precisely children who suffer the most from procedural obstacles, the SBAA denounces in its report. During the years of waiting, minors find themselves separated from their parents in often precarious conditions, without legal certainty regarding their future in the country. The time of separation coincides with crucial years of their growth and development.

The situation worsens further when the dossiers pass from the federal to the cantonal authorities. The State Secretariat for Migration (SEM) applies different procedural standards than the cantons, and this creates a cascade effect: when responsibility passes from the Confederation to the canton, the dossier is subjected to a new examination with more stringent requirements. As a result, families who had gone through procedures at the SEM find themselves forced to start the process practically from scratch at the cantonal office.

The requests of the Swiss Observatory

Faced with this situation, the Swiss Observatory for the Right to Asylum and Foreigners has made concrete requests to the federal and cantonal authorities. The main proposal is to set the maximum duration for examining family reunification applications at one year, a term currently absent from the regulations.

In addition to the time limit, the SBAA requests that the authorities consistently take into account the special protection needs, especially of minors. This means not only speeding up times, but also adapting procedures to the vulnerable conditions of children. Finally, the report emphasizes that testing requirements should be tailored to the conditions of the country of origin and the protection status of the persons involved, avoiding imposing requirements that put the safety of applicants at risk.

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Key points

How the reunification process works

Family reunification in Switzerland is a process that involves both federal and cantonal responsibilities. The State Secretariat for Migration (SEM) is the federal body that manages the first stages, but the dossier can pass to the cantonal authorities once the applicant obtains a residence permit. This transfer of competence, formally necessary for the Swiss administration, represents one of the critical points highlighted by the report.

Anyone who is in a situation of family separation and has well-founded reasons for reunification must prepare documentation demonstrating the family bond and the reasons why reunification is necessary. The documents required vary, but often include marriage certificates, birth certificates, and other documents that should be officially notarized. As emerges from the Observatory's report, this very phase of document collection is often the one that takes the longest, especially when the people involved come from countries where obtaining official certificates is complicated or dangerous.

What to do if you find yourself in this situation

If you are facing a family separation and considering submitting a reunification application, it is essential to carefully document all your communications with the authorities and response times. Keep copies of every document sent and every response received from the SEM or the competent cantonal authority.

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