Facts
K.G., born in 1976, a national of the Federal Republic of Yugoslavia, married her compatriot H.G. on September 23, 1994, who had already entered Switzerland in 1989 and had obtained a residence permit, followed by a settlement permit. K.G. entered Switzerland on March 10, 1995 and was granted a residence permit through family reunification. On December 9, 1995, their son M.G. was born; M.G. was granted a settlement permit based on Art. 17 para. 2 sentence 3 of the Federal Act of March 26, 1931 on Residence and Settlement (ANAG) (inclusion in the father's settlement permit). On January 6, 1998, H.G. was taken into custody, and on March 3, 1999, he was sentenced to four and a half years of imprisonment and five years of expulsion from Switzerland, the latter conditionally pronounced for five years, due to drug offenses committed between October 31, 1997 and January 6, 1998. Due to the criminal conviction, the Cantonal Aliens Police of Bern expelled H.G. from Switzerland for an indefinite period on July 19, 1999, based on Art. 10 ANAG, setting the deadline for departure on the day of his release from prison (at the earliest January 6, 2001). The related appeal decision of the Administrative Court of the Canton of Bern dated April 7, 2000 remained unchallenged. By decision of September 2, 1998, the Cantonal Aliens Police of Bern refused to extend K.G.'s residence permit and set a deadline for her departure (expulsion). The justification was that K.G. had received the residence permit for the purpose of staying with her husband; since she no longer lived with him due to H.G.'s imprisonment, her claim to further residence had lapsed; it was reasonable for the son M.G. to accompany her abroad. The Police and Military Directorate as well as the Administrative Court of the Canton of Bern dismissed appeals against the refusal of the permit and the expulsion.Considerations
The Federal Court dismisses the appeal, as the appellant no longer has a claim to an extension of the residence permit within the meaning of Art. 17 para. 2 sentence 1 ANAG at the time of the decision, based on her marriage to her husband. Her husband was legally expelled, so he must leave Switzerland immediately after his release from criminal custody.
However, the appellant's son, who was granted a settlement permit based on Art. 17 para. 2 sentence 3 ANAG, has an established right of…