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

¹ The per­mit for tem­por­ar­ily ad­mit­ted per­sons (Art. 41 para. 2) is is­sued by the can­ton of res­id­ence for a max­im­um of twelve months for con­trol pur­poses and is ex­ten­ded sub­ject to the re­ser­va­tion of Art­icle 84.

² For the al­loc­a­tion of tem­por­ar­ily ad­mit­ted per­sons, Art­icle 27 AsylA²⁵⁷ ap­plies mu­tatis mutandis.

³ Tem­por­ar­ily ad­mit­ted per­sons must sub­mit their ap­plic­a­tion to move to an­oth­er can­ton to SEM. SEM shall make a fi­nal de­cision sub­ject to the re­ser­va­tion of para­graph 4 on the change of can­ton after hear­ing the can­tons con­cerned.

⁴ The de­cision on the change of can­ton may only be con­tested on the ground that it vi­ol­ates the prin­ciple of fam­ily unity.

⁵ Tem­por­ar­ily ad­mit­ted per­sons are free to choose their place of res­id­ence with­in their cur­rent can­ton or the can­ton to which they are al­loc­ated. The can­ton­al au­thor­it­ies may al­loc­ate a place or res­id­ence or ac­com­mod­a­tion to tem­por­ar­ily ad­mit­ted per­sons who are not re­cog­nised as refugees, and who are in re­ceipt of so­cial as­sist­ance.²⁵⁸

⁶ ...²⁵⁹

⁷ Spouses and un­mar­ried chil­dren un­der 18 years of tem­por­ar­ily ad­mit­ted per­sons and tem­por­ar­ily ad­mit­ted refugees may be re­united with the tem­por­ar­ily ad­mit­ted per­sons or refugees at the earli­est three years after the or­der for tem­por­ary ad­mis­sion and in­cluded in that or­der if:

a.

they live with the tem­por­ar­ily ad­mit­ted per­sons or refugees;

b.

suit­able hous­ing is avail­able;

c.

the fam­ily does not de­pend on so­cial as­sist­ance;

d.²⁶⁰

they can com­mu­nic­ate in the na­tion­al lan­guage spoken at the place of res­id­ence; and

e.²⁶¹

the fam­ily mem­ber they are join­ing is not claim­ing an­nu­al sup­ple­ment­ary be­ne­fits un­der the SBA²⁶² or would not be en­titled to re­ceive such be­ne­fits be­cause of fam­ily re­uni­fic­a­tion.

^7bis In or­der to be gran­ted tem­por­ary, it is suf­fi­cient to re­gister for a lan­guage sup­port pro­gramme as an al­tern­at­ive to meet­ing the re­quire­ment set out in un­der para­graph 7 let­ter d.²⁶³

^7ter In the case of single chil­dren un­der the age of 18, the re­quire­ment set out in para­graph 7 let­ter d does not ap­ply. The re­quire­ment of Art­icle 49a para­graph 2 may be also waived for good cause.²⁶⁴

⁸ If, on as­sess­ing the re­uni­fic­a­tion of spouses in ac­cord­ance with Art­icles 42–45, SEM has reas­on to be­lieve that there are grounds un­der Art­icle 105 num­bers 5 or 6 CC²⁶⁵ for the mar­riage to be an­nulled, they shall re­port this to the com­pet­ent au­thor­ity un­der Art­icle 106 CC. The re­quest for the re­uni­fic­a­tion of spouses is sus­pen­ded un­til this au­thor­ity makes its de­cision. If the au­thor­ity raises an ac­tion for an­nul­ment, the re­quest is sus­pen­ded un­til a leg­ally bind­ing judg­ment has been is­sued.²⁶⁶