Family asylum

Spouses or registered partners of refugees and their minor children shall be recognised as refugees and granted asylum provided there are no special circumstances that preclude this.¹⁶²

If, during the asylum procedure, SEM has reason to believe that there are grounds under Article 105 number 5 or 105a of the Civil Code (CC)¹⁶³ for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC.¹⁶⁴ The procedure 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 refugee's spouse is abroad, the report to the competent authority shall be made and the proceedings suspended after the spouse enters Switzerland.^{165 166}

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Children born in Switzerland to refugee parents shall be recognised as refugees, provided if there are no special circumstances that preclude this.¹⁶⁸

If the persons entitled under paragraphs 1 were separated during flight and are now abroad, their entry must be authorised on request.¹⁶⁹

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