Question juridique clé
Whether the late filed child reunification request was timely and examinable under Art. 43 AuG and Art. 126 Abs. 3 AuG.
Solution extraite
The request was timely because the transitional rule made the reunification periods run from 1 January 2008, and the application was filed within the relevant period.
Motifs extraits
Art. 126 Abs. 3 AuG expressly lets persons already present benefit from the new reunification regime; the prior practice under ANAG could not be used to empty that transitional rule of content.