Right to a residence permit for a foreign mother based on her relationship with a Swiss child

Facts

The case concerns a foreign mother, A., whose daughter, D., is a Swiss national. The mother applied for a residence permit in Switzerland to live with her daughter. The child's father, a Swiss citizen, has passed away. The mother's application was rejected by the cantonal migration office and then by the cantonal administrative court. The mother then appealed to the Federal Court.

The key facts are as follows: the mother and her daughter have been living in Switzerland since 2005; the daughter was naturalized as a Swiss citizen in 2007; the mother has no family ties with a Swiss citizen, but she has a close relationship with her daughter; the mother applied for a residence permit to live with her daughter in Switzerland.

Considerations

The Federal Court examined the mother's application considering articles 8 of the European Convention on Human Rights (ECHR) and 13 of the Federal Constitution (Cst.). It found that the mother had no right to a residence permit in Switzerland under federal law, but she could invoke article 8 ECHR to request a residence permit to live with her daughter.

The Federal Court then examined the conditions under which it is possible to refuse a residence permit to a person who invokes article 8 ECHR. It found that the decision to refuse a residence permit must be based on serious grounds and that public interests must take precedence over private interests.

The Federal Court also examined the mother's and daughter's personal and…