Facts
The Thai national A. married a Swiss citizen B. in 1997 and subsequently received a residence permit in the Canton of Solothurn. After separating from her husband, A. applied for a residence permit in the Canton of Basel-Landschaft in 1998, which the competent authorities rejected. A. then filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court upheld the complaint. It stated that the entitlement to the issuance and extension of the residence permit under Art. 7 ANAG does not depend on the joint household of the spouses. Therefore, the entitlement to a permit is not limited to the canton in which the Swiss spouse is domiciled. While a change of canton generally requires a permit, this cannot be refused without further ado, as long as there are no exceptional circumstances or an abuse of rights.
The Federal Supreme Court pointed out that in cases where the Swiss spouse lives abroad, the permit may exceptionally be refused, as there is then usually insufficient connection…