Federal Act
on Foreign Nationals and Integration
(Foreign Nationals and Integration Act, FNIA)1

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 16 December 2005 (Status as of 1 July 2021)

1 Amended by No I of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).


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Art. 42 Family members of Swiss nationals

1 The for­eign spouse and un­mar­ried chil­dren un­der 18 of a Swiss na­tion­al who live with the Swiss na­tion­al are en­titled to be gran­ted a res­id­ence per­mit and to have their res­id­ence per­mit ex­ten­ded.

2 For­eign fam­ily mem­bers of Swiss na­tion­als are en­titled are en­titled to be gran­ted a res­id­ence per­mit and to have their res­id­ence per­mit ex­ten­ded if they are in the pos­ses­sion of a set­tle­ment per­mit from a coun­try with which an agree­ment on the free move­ment of per­sons has been con­cluded. Fam­ily mem­bers are:

a.
the spouse and the re­l­at­ives in the des­cend­ing line who are un­der 21 or who are de­pend­ants;
b.
the re­l­at­ives of either spouse in the as­cend­ing line who are de­pend­ants.

3 After a law-abid­ing and un­in­ter­rup­ted peri­od of stay of five years, a for­eign spouse is en­titled to be gran­ted a set­tle­ment per­mit if the in­teg­ra­tion cri­ter­ia set out in Art­icle 58a are met.57

4 Chil­dren un­der twelve are en­titled to be gran­ted a set­tle­ment per­mit.

57 Amended by No I of the FA of 16 Dec. 2016 (In­teg­ra­tion), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).

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