Asylum Act
(AsylA)

¹ Spouses of per­sons in need of pro­tec­tion and their minor chil­dren shall be gran­ted tem­por­ary pro­tec­tion if:¹⁸⁸

a.

they ap­ply for pro­tec­tion to­geth­er and there are no grounds for re­jec­tion in terms of Art­icle 73;

b.

the fam­ily was sep­ar­ated by events such as those cited in Art­icle 4, wishes to be re­united in Switzer­land and there are no spe­cial cir­cum­stances that pre­clude this.

^1bis If, dur­ing the pro­ced­ure to grant tem­por­ary pro­tec­tion, SEM has reas­on to be­lieve that there are grounds un­der Art­icle 105 num­ber 5 or 105a CC¹⁸⁹ for the mar­riage to be an­nulled, they shall re­port this to the com­pet­ent au­thor­ity un­der Art­icle 106 CC.¹⁹⁰ The re­quest for re­uni­fic­a­tion shall be 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. If the spouse of the per­son in need of pro­tec­tion is abroad, the re­port to the com­pet­ent au­thor­ity shall be made and the pro­ceed­ings sus­pen­ded after the spouse enters Switzer­land.^{191 192}

² Chil­dren born in Switzer­land to per­sons in need of pro­tec­tion shall also be gran­ted tem­por­ary pro­tec­tion.

³ If the per­sons en­titled to pro­tec­tion are abroad, their entry must be au­thor­ised.

⁴ The Fed­er­al Coun­cil shall reg­u­late the re­quire­ments for fam­ily re­union in Switzer­land in oth­er cases.