When it comes to family reunification, the question repeatedly arises as to whether the person already living in Switzerland must have a sufficiently high income to support the entire family.
The legal situation is particularly nuanced for EU/EFTA nationals. An important ruling on this matter is the Federal Supreme Court decision 2C_1061/2013 dated July 14, 2015.
The Case
A Portuguese national was living in Switzerland with an EU/EFTA residence permit. Her husband was a Cape Verdean national; the family included several children.
The authorities refused to renew the residence permits, citing, among other reasons, that the family’s financial resources were insufficient and that they were receiving social assistance.
However, the Portuguese national continued to work: she was employed 80% of the time and earned a monthly income of approximately CHF 2,532.65.
This raised a key question:
Does an EU/EFTA national lose her employee status if her income is insufficient to support her entire family without social assistance?
The Federal Court’s Response
No—not just because my income is too low.
The decisive factor is whether the individual is engaged in genuine and actual gainful employment. A merely secondary or insignificant activity (“marginal et accessoire”), on the other hand, is not sufficient.
In this specific case, the Federal Supreme Court considered an 80% employment position with a monthly income of CHF 2,532.65 to be sufficient to establish employee status under the Agreement on the Free Movement of Persons (AFMP).
Particularly relevant: Earned income does not necessarily have to be sufficient to cover basic living expenses.
Even so-called “working poor” may be considered employees within the meaning of the FZA. Receiving supplemental social assistance therefore does not automatically result in the loss of employee status.
This is also relevant for family reunification under the AFMP: As long as the EU/EFTA national living in Switzerland has employee status, the fact that they cannot provide for the family’s livelihood on their own does not automatically preclude family reunification or the right of residence derived from it.
But: Not every job is enough
The ruling does not mean that every instance of minor employment automatically establishes employee status.
In another Federal Supreme Court ruling, for example, part-time employment with a monthly income of only CHF 600 to CHF 800 was deemed secondary and insignificant.
There is therefore no simple, universally applicable income threshold. What matters are the specific circumstances of the employment relationship—in particular, whether a genuine economic activity is actually taking place.
What does this mean in practice?
If family reunification for an EU/EFTA worker is called into question due to an allegedly insufficient income, the case should be examined more closely.
An income below the subsistence level or the receipt of supplemental social assistance does not automatically mean that a person is not entitled to benefits under the Agreement on the Free Movement of Persons.
The decisive factor, in particular, is whether the person living in Switzerland can still be classified as an employee within the meaning of the AFMP.
Current Political Debate
This issue is also currently being addressed by the Swiss Parliament. In connection with the further development of the Agreement on the Free Movement of Persons and the Switzerland–EU Bilateral III package (Bilateral III), discussions are focusing, among other things, on the conditions under which EU/EFTA nationals with a low work load or low income continue to be considered employees, and what implications this has for social assistance and family reunification. These issues were explicitly addressed in Parliament and the relevant committees at the end of 2025. The discussion shows that the tension between the free movement of persons, family reunification, and financial self-sufficiency remains a politically relevant issue.
Contact & Advice on Family Reunification
The requirements for family reunification depend on residence status, nationality, and individual circumstances.
International HR Services AG is happy to assist you in reviewing your specific case and to guide you through any questions regarding family reunification in Switzerland.
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Contact: https://www.internationalhrs.com/kontakt/
