2023-12-25 06:02:58
Published25. December 2023, 07:02
Her husband sent back to Kosovo: “Let her go with him, if she can’t stand living far from him”
A Kosovar lost his appeal to the Federal Court. Switzerland maintains its sentence: he must leave. With or without his wife and children.
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A repeat offender of petty crimes, the man has definitively lost his right of residence in Switzerland.
20min/Marvin Ancian
Monsieur is sent out of the country and if Madame does not want to live without him, let her come back too. This is the sentence of the Federal Court (TF). The man has a choice: leave with his wife and children and return to Kosovo; or return alone and see family during “tourist trips”. But he no longer has to live his life in Switzerland. The TF has just confirmed the decision of the State Secretariat for Migration to withdraw his residence permit from this thirty-year-old Kosovar who has been living in the canton of Vaud for seventeen years.
Convictions in spades
However, he had sharpened his arguments. Arriving illegally in Switzerland, he first married a Portuguese woman, which allowed him to have a residence permit through family reunification. Separated then remarried with a Kosovar and father of two children, he takes care of them well and has never received social assistance, he says. He recalled that the law provides that a person can retain their right to stay if they have been married for more than three years to a person who has this right. Which is the case with his Portuguese ex-wife.
But the argument did not fly. The Federal Court recalls that this provision only applies in conjunction with another condition: being well integrated. And there it gets stuck. Driving a vehicle without a license, repeated employment of foreigners without authorization, usury, incitement to illegal entry, exit or stay: the man “has been convicted no less than nine times,” notes the TF. He even spent a few months in prison. “The simple fact that the person concerned has never received social assistance, that he has contributed to the needs of his family and takes good care of his children is of little importance in view of his very strong propensity not to respect the Swiss legal order,” judges the TF.
Bankrupt company
The Court half chokes when hearing the man, whom it describes as “reckless”, in his argument. He says he “participates significantly in the economic life of his region by employing many people and paying all his social and tax charges”. However, “he was convicted of employing foreign people without authorization and of violating the law on AVS, before his company went bankrupt,” mocks the Court.
So he has to leave. As for his family, they can choose to follow him or stay. The TF notes that the woman married her husband at a time when her legal situation was already “precarious” and therefore “took the risk of having to live her life as a couple in Kosovo, of which she is also a national, and must admit to leave Switzerland if she cannot bear living far from her husband,” snaps the TF.
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