Facts
The application for residence was filed by X., a German national, on 29 May 2007, with the migration office of the canton of Lucerne. She stated that her daughter was married to a Swiss citizen and that she wanted to live near her grandchild. She was receiving a disability pension.
The migration office rejected the application on 13 August 2007, considering that the applicant did not have sufficient financial resources to support herself in Switzerland. The decision was confirmed by the administrative court of the canton of Lucerne on 16 July 2008.
However, the Federal Court admitted X.'s appeal and annulled the decision of the administrative court, ordering the migration office to grant her a residence permit.
Considerations
The Federal Court considered that the regulation on the economic conditions of residence aims to prevent the host country's public finances from being excessively burdened. It estimated that the person concerned has sufficient means of existence, regardless of their origin, domestic or foreign.
The Federal Court also examined whether the means from a third party were actually at the applicant's disposal. It considered that the means from the applicant's daughter and son-in-law were sufficient to cover her needs.
The Federal…