Facts
[A.A.] (born 1981) is from Kosovo. She married a compatriot with a residence permit in Switzerland on July 25, 2001. The spouses' efforts to obtain family reunification failed, whereupon [A.A.] illegally entered Switzerland on August 5, 2007. On September 14, 2008, the common son [B.A.] was born from the relationship.
On November 19, 2009, the Migration Service of the Canton of Bern rejected another family reunification application and ordered the removal of [A.A.] and [B.A.]. The Administrative Court of the Canton of Bern confirmed this decision on October 18, 2011.
[A.A.] and [B.A.] applied for reconsideration of a hardship permit on December 1, 2011. The Federal Office for Migration (BFM) refused its consent on June 6, 2012. On June 4, 2014, the Federal Administrative Court dismissed the appeal filed by [A.A.] and [B.A.] against this decision.
Considerations
The Federal Supreme Court holds that the appeal against the decision of the Federal Administrative Court must be dismissed, insofar as it is admissible. It justifies this as follows:
While the father of Appellant 2 has a well-established right of residence in Switzerland, which generally triggers the protection of family life under Art. 8 ECHR, Art. 8 ECHR does not confer an absolute right to enter and reside or to a special residence permit. The foreign parent without custody or guardianship rights can generally maintain the family relationship with the child by exercising the visitation rights granted to him, without the need for a…