Facts
A. (born 1978) is a Macedonian national and has held a settlement permit in Switzerland since June 2001. On 22 February 1999, he married the Swiss citizen B., with whom he has three children. Since 31 October 2012, the wife and children have been living in V., France. A. works during the weekdays in Basel, where he has rented a one-room apartment since 1 September 2016.
The Basel-Stadt Migration Office determined by order of 4 May 2016 that A.'s settlement permit had expired, or alternatively would be revoked, and ordered his expulsion from Switzerland. A. appealed against this, but the appeal was dismissed by the Department of Justice and Security of the Canton of Basel-Stadt. However, the Appellate Court of the Canton of Basel-Stadt partially upheld the appeal and set aside the order.
A. then filed a public law appeal with the Federal Supreme Court, requesting that the Appellate Court's judgment be set aside and that his settlement permit not be revoked.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the maintenance of a settlement permit does require a minimum physical presence in Switzerland, but the legislator has not made it dependent on the center of life or domicile.
According to the law, the settlement permit expires upon…