Facts
The applicants, a Dominican national and her daughter, had a residence permit EU/EFTA in Switzerland based on their marriage to a Spanish national. After the separation and dissolution of the marriage, they applied for a residence permit for the canton of Zurich. The migration office and the security directorate of the canton of Zurich, as well as the administrative court of the canton of Zurich, rejected the application.
The applicants lodged a complaint in public law matters and a subsidiary constitutional complaint with the Federal Court. They relied on the Free Movement of Persons Agreement (AFMP), Art. 50 of the Foreign Nationals Act (AuG), Art. 11 of the Constitution (Cst.), and Art. 8 of the European Convention on Human Rights (ECHR).
Considerations
The Federal Court dismissed the complaint. It stated that the applicants no longer have a claim to a residence permit under the AFMP after the dissolution of the marriage and the departure of the husband from Switzerland.
The court also examined whether Art. 50 AuG applies when the EU citizen only has a residence permit EU/EFTA and not a settlement permit. It concluded that Art. 50 AuG is not applicable in this case, as the former spouse did not have a settlement permit in Switzerland.
The court also denied a claim…