In cases of family reunification (Link) involving EU/EFTA citizens and third-country nationals, there is an increasingly thorough review of the required documentation. One example is the criminal record extract: In various cantons, this is explicitly required for certain family reunification proceedings.

According to our latest review, this is the case for third-country nationals in Aargau ( link), Bern, Graubünden, Lucerne, Neuchâtel, St. Gallen, Ticino, and Zurich, among others. Geneva also requires a criminal record check in certain procedures.

There is no uniform regulation across Switzerland, but the issue is currently being debated in Parliament. The requirements vary depending on the canton, residency status, nationality, and family situation. In addition, there may be requirements regarding the recency of the criminal record, as well as regarding translation, certification, or apostille.

What does this mean for employers?

We recommend taking all necessary steps to fulfill any requirements. If a criminal record extract must be obtained from the candidate’s country of origin or previous country of residence and then apostilled or translated, this can significantly delay the preparation and submission of the application.

Our practical tip: Start preparing for family reunification early on, and don’t wait until after you’ve entered the country or until the immigration office requests them to gather the necessary documents. Having all the required documentation ready can help you avoid requests for additional information and the resulting delays.

International HR Services AG will be happy to assist you in reviewing your specific case and to guide you through any questions you may have regarding family reunification in Switzerland.

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Contact: https://www.internationalhrs.com/kontakt/