Subsequent family reunification of a minor child by a widowed and remarried parent

Facts

X., a Turkish national, entered Switzerland in 1983. He left his two non-marital children A. (born 1979) and B. (born 1982) with their mother [C.] in Turkey. In Switzerland, X. entered into two marriages with Swiss citizens, which granted him a right of residence. In 1988, [C.], the mother of his children, passed away, and the two children remained in the care of their grandparents. In 1992, the daughter A. also passed away.

X. first submitted a family reunification application for his son B. in 1998 and then again in 1999, both of which were rejected. In 2002, the Cantonal Court of Aargau for Foreigners' Law upheld X.'s appeal and approved the subsequent family reunification of his son B. The Federal Office for Migration then filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the subsequent family reunification of a child by a widowed or remarried parent is only possible if there are compelling reasons that justify a change in the previous care arrangements. The more compelling the reasons must be, the older the child is and the greater the expected integration difficulties.

In the present case, X. has left his child for years in the care of the grandparents in the country of origin in order to…