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

¹ The spouse of a tem­por­ar­ily ad­mit­ted per­sons and their un­mar­ried chil­dren un­der 18 years of age may be re­united with the tem­por­ar­ily ad­mit­ted per­son at the earli­est three years after the or­der for tem­por­ary ad­mis­sion and in­cluded in that or­der provided:

a.

they live with the tem­por­ar­ily ad­mit­ted per­son;

b.

suit­able hous­ing is avail­able;

c.

the fam­ily does not de­pend on so­cial as­sist­ance;

d.

they can com­mu­nic­ate in the na­tion­al lan­guage spoken at the place of res­id­ence or have re­gistered for a re­lated lan­guage sup­port pro­gramme; and

e.

the fam­ily mem­ber they are join­ing is not claim­ing an­nu­al sup­ple­ment­ary be­ne­fits un­der the SBA²⁷⁷ or would not be en­titled to re­ceive such be­ne­fits be­cause of fam­ily re­uni­fic­a­tion.

² 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.

³ If, on as­sess­ing the re­uni­fic­a­tion in ac­cord­ance with para­graph 1, SEM has reas­on to be­lieve that there are grounds un­der Art­icle 105 num­ber 5 or 105a CC²⁷⁸ for the mar­riage to be an­nulled, they shall re­port this to the com­pet­ent au­thor­ity un­der Art­icle 106 CC.²⁷⁹ 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.