Facts
The appellant X. (born 1969) is from Mongolia and entered Switzerland on October 8, 2005. She married the Portuguese national Y. (born 1963) on February 2, 2006 and received a family reunification residence permit EC/EFTA. A daughter was born from the marriage on October 29, 2006, who also holds an EC/EFTA settlement permit. On April 9, 2007, X. brought her son from a previous relationship to Switzerland, who was issued a residence permit EC/EFTA valid until February 1, 2011.
On April 30, 2010, the Migration Office of the Canton of Zurich revoked the residence permits of X. and her son, as the couple X.-Y. had separated and the marital relationship only continued formally without prospect of reunification. The cantonal appeal instances confirmed the non-extension of the (now expired) residence permits.
Considerations
The Federal Supreme Court confirms that the appellant 1 as the spouse of an EU citizen generally has a (derived) entitlement to the extension of her permit as long as the marriage formally continues. However, this right is subject to the reservation of abuse of rights: If the will for community is lacking and the formal marriage bond serves solely (any longer) to circumvent the immigration law admission regulations, the entitlement lapses.
In the present case, the Migration Office was allowed to assume that the appellant 1 invoked a marriage of…