Facts
The German national [A.] first entered Switzerland in 2007 and held short-stay EU/EFTA permits for seasonal employment until 2013. Since 2013, she has been residing continuously in Switzerland either for seasonal employment or job search. On February 16, 2021, she was issued a short-stay EU/EFTA permit for a six-month job search until April 30, 2021.
On April 21, 2021, [A.] applied for an EU/EFTA residence permit for the purpose of non-gainful residence as a private individual/non-employed person in Switzerland. As proof of sufficient financial means, she submitted a maintenance agreement with a guarantor who committed to transfer her CHF 4,000 per month. However, the Migration and Civil Law Office of Graubünden demanded a permanent declaration of commitment guaranteeing the assumption of all costs. As [A.] did not submit this, the Office refused to issue the requested residence permit.
Considerations
The Federal Supreme Court states that persons claiming a right of residence based on Art. 6 in conjunction with Art. 24(1) of Annex I of the Free Movement of Persons Agreement are generally free to provide proof of sufficient financial means, as long as the evidence presented is suitable for this purpose. A declaration of commitment from a solvent third party (or a corresponding maintenance agreement/guarantee) is generally a suitable means.
However, it is justified if cantonal authorities require a - moderate - notice period for a declaration of commitment or maintenance agreement, in order to ensure that the authorities have…