National Council abolishes discrimination against nationals with regard to family reunification
Published: Monday, Jun 10th 2024, 18:10
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On Monday, the National Council abolished the discrimination against Swiss nationals in family reunification from third countries compared to nationals of EU/EFTA states. The SVP and the Center Party opposed the bill. They feared immigration into the social welfare system and saw the constitution as being violated.
The Council approved the bill by 104 votes to 86. However, the National Council created an inequality in the amended law with regard to EU-EFTA citizens: when it comes to extending the residence permit for family members who have joined them, the authorities can request an integration agreement.
For family reunifications of EU/EFTA nationals, only an integration recommendation is possible under the Agreement on the Free Movement of Persons for EU/EFTA nationals.
According to the National Council, the condition for family reunification by Swiss nationals from third countries should be the permanent maintenance of their relatives. In addition, they must be provided with accommodation that meets their needs. By 114 votes to 14 with 69 abstentions, the Council approved the two points put forward by a conservative minority in the committee.
The FDP parliamentary group threatened to reject the bill without these clarifications. The condition that family members must have a residence permit in an EU/EFTA country before family reunification has been removed. The deadlines have also been removed. The requirement for a shared home has also been dropped.
Violation of immigration control
The Center and SVP did not even want to discuss the bill. Piero Marchesi (Center/TI) justified the motion not to enter the debate with the constitutional mandate to control immigration. SVP spokesperson Andreas Glarner (AG) argued that the bill was being discussed blindly.
Due to a lack of figures, no one knew about the potential impact on social security and healthcare costs. His party colleague Martina Bircher (AG) suspected that newly naturalized foreigners in particular would benefit from the regulation and bring their elderly parents to Switzerland.
Commission spokesperson Samira Marti (SP/BL) said that the aim was to rectify unequal treatment that had been criticized by the Federal Supreme Court and the European Court of Human Rights. The Federal Supreme Court had already called for this to be rectified in 2010 and again in 2019.
The need for legislative action is widely recognized. The Federal Office of Justice denied that the bill violated immigration control in the constitution. Justice Minister Beat Jans explained that family reunification is possible if the maintenance of relatives is guaranteed. The bill goes to the Council of States.
©Keystone/SDA
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