Family reunification under Protection Status S: who can join persons in need of protection?

Have you been granted Protection Status S in Switzerland, but your family is still abroad or was separated while fleeing? Then Art. 71 of the Asylum Act (AsylG) is the key provision. It regulates who can be included in temporary protection as family. General information on the status can be found in the article Protection Status S in Switzerland. The rules on Protection Status S are continuously adjusted politically; always check the current SEM directives.

Who is covered?

Temporary protection is granted to spouses of persons in need of protection and to their minor children if one of the following cases applies (Art. 71 para. 1 AsylG):

• Joint application for protection: You apply for protection together, and there are no grounds for exclusion under Art. 73 AsylG.
• Separated by events: The family was separated by the events referred to in Art. 4 AsylG, wants to be reunited in Switzerland, and there are no special circumstances against it.

Children of persons in need of protection who are born in Switzerland also receive temporary protection (para. 2). Unlike with family asylum, the possibility of refusing protection in special circumstances is not provided for here. If persons entitled to protection are abroad, their entry must be permitted (para. 3).

And other relatives?

Parents, siblings, adult children and other relatives are not covered by Art. 71 para. 1 AsylG. The Federal Council can regulate, for further cases, under which conditions family reunification in Switzerland is possible (para. 4). At the same time, this means there is no individual entitlement to bring further family members. Which further relatives are covered, and under which conditions, is determined by the Federal Council, in the case of Ukraine in a general ruling.

Special situations

• Suspected forced or underage marriage: If, during the procedure, the SEM finds indications of a ground for invalidity under Art. 105 no. 5 or Art. 105a ZGB, it reports this to the competent authority. The application for reunification is suspended until that authority's decision, and in the event of a court action until the final judgment. If the spouse is still abroad, the report and the suspension take place only after the spouse's entry (para. 1bis).
• Binational marriages: Difficulties arise above all when the person potentially entitled to protection is to be referred to a third country whose nationality they do not hold. In that case they must first be given the right to be heard on settling in that country (Federal Administrative Court D-2207/2022).

Pitfalls

• Family relationship not proven: Marriage and birth certificates, proof of identity and evidence of the separation of the family are the core of the application.
• Separation not explained: In the second case, what matters is that the family was separated by the events referred to in Art. 4 AsylG. Describe the circumstances of the flight and the separation in a way that can be followed.
• Grounds for exclusion: In the case of a joint application, it must be checked whether grounds for exclusion under Art. 73 AsylG apply.
• Expecting an entitlement for all relatives: The circle is narrowly drawn. Plan realistically who is actually covered.
• Documents from abroad: Certifications and translations take time, so obtain them early.

As of October 2026. This article provides an overview and does not replace individual legal advice; practice and requirements may differ depending on the canton and the individual case. This is a translation of the German original; in case of doubt, the German version prevails.

Note: Statutes are cited by their German abbreviations (AIG = Foreign Nationals and Integration Act, VZAE = Ordinance on Admission, Residence and Gainful Activity, AsylG = Asylum Act, BüG = Citizenship Act, SR = Systematic Compilation of Federal Legislation). Fedlex links lead to the German originals.