Marriage should be for life - or at least three years
Keystone
Foreigners must be married to the same Swiss spouse for at least three consecutive years to keep resident status in Switzerland after a divorce, the Federal Court in Lausanne has decreed in a landmark ruling.
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The court turned down the appeals of two men, a Kosovar and a Bengali. Both had received a resident permit during their first marriage, then divorced, before remarrying and going through a second divorce.
Both men had been married to a Swiss citizen for a total of more than three years. But the majority of the court’s judges ruled that none of the marriages met the legal requirement that a foreigner must be married to the same person for at least three years to keep their resident status after a divorce.
One judge did however state that in his view the condition could be met with different spouses.
The decision confirms the refusal of canton Zurich authorities to extend the two men’s residency permits despite the fact they were well integrated.
Immigration has become a particularly hot topic in Switzerland since a nationwide vote in February quashed Switzerland’s agreement with the European Union to allow the free movement of persons over Swiss borders.
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Foreign nationals to find it easier to marry
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In force since January 1, 2011, the law was initiated by the rightwing Swiss People’s Party to restrict the possibility of marriages of “convenience” – people marrying to improve their visa circumstances and subsequently applying to bring their families to Switzerland. Critics said the law breached human rights because it excluded an entire category of…
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The passport would include an indication of the person’s language skills, and only applicants who are able to communicate would receive a C-permit allowing them to stay for an unlimited period. Adrian Gerber, head of the integration section at the Federal Office for Migration, confirmed on Sunday a report in the NZZ am Sonntag newspaper.…
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Who is affected by the curb on immigration? The amendment to the federal constitution requires upper limits and annual quotas for immigrants. This could affect every foreigner who wants to move to Switzerland: EU citizens, workers from third (non-EU) states, cross-border workers and asylum seekers. Will there also be consequences for foreigners already living in…
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