Facts

The case concerns a family composed of Bolivian parents and their Spanish daughter. The parents were subject to entry bans in Switzerland for having resided and worked there illegally. They applied for a CE/AELE residence permit for themselves and their daughter. The State Secretariat for Migration rejected their application, but the Federal Administrative Court annulled this decision and approved the issuance of residence permits.

The key facts are as follows

  • The parents are Bolivian nationals and worked illegally in Switzerland.
  • Their daughter is a Spanish national and holds Spanish nationality.
  • The parents applied for a CE/AELE residence permit for themselves and their daughter.
  • The State Secretariat for Migration rejected their application.
  • The Federal Administrative Court annulled this decision and approved the issuance of residence permits.

Considerations

The Federal Court examined the question of whether a young child who is a national of a European Union member state and their parents who are nationals of a third country can claim a right of residence in Switzerland. The Court recalled the case law of the Court of Justice of the European Union in the Zhu and Chen case, which established that a young child of a member state who is covered by appropriate health insurance and is dependent on a parent, themselves a national of a third country, with sufficient resources, can claim a right of residence of indefinite duration.

The Court also examined the conditions set out in Art. 24 Annex I AFMP, which requires that persons not engaged in economic activity have sufficient financial resources to avoid having to rely on social assistance during their stay. The Court considered that the parents' financial resources, which included daily unemployment benefits and a family allowance, were sufficient to cover their basic needs and those of their daughter.

The…