Switzerland: The Right Of Residence Of Family Members Of European Community Nationals Who Are Swiss Residents - A 'Politically Correct' Decision
Switzerland Law Articles in English (2008)
Mr André Gruber - Secretan Troyanov & Partners
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Switzerland: The Right Of Residence Of Family Members Of European Community Nationals Who Are Swiss Residents - A 'Politically Correct' Decision
In a 19th December, 2003 ruling, (case 2A.246/2003, considered for official publication), the Swiss Federal Supreme Court (hereafter "FSC", www.bger.ch) clarified the situation regarding the right of residence of third country 1(family members of EC nationals who are Swiss residents (hereafter "Family Members"). It held that:
the "same roof" requirement (i.e. household living permanently under the same roof) does not apply to such Family Members;the Swiss authorities may nevertheless deny Family Members the right to reside based on the general principle prohibiting the abuse of rights. The above system is the same as for third country family members of Swiss citizens. One cannot help but wonder whether the great lengths t...Voir le contenu complet de ce document