Facts

[A.] (born 1977) is a Turkish national. In 2000, she married the Swiss national [B.] and received a residence permit to stay with her husband. In 2003, their son [C.] was born, who holds Swiss citizenship like his father. In 2007, their daughter [D.] was born in Turkey. On 7 January 2020, the marriage was divorced, with mother [A.] being granted custody of daughter [D.] .

On 14 March 2022, [A.] applied for a residence permit to live with her (Swiss) children in the Canton of Zurich. This request was rejected by the Migration Office of the Canton of Zurich, the Security Directorate of the Canton of Zurich, and the Administrative Court of the Canton of Zurich.

Considerations

The Federal Supreme Court examines whether [A.] is entitled to enter Switzerland and reside here together with her minor daughter [D.] , who holds Swiss citizenship, based on their relationship.

The Federal Supreme Court notes that daughter [D.] , as a Swiss citizen, has the right to enter Switzerland at any time (Art. 24 para. 2 Cst.). Since the minor [D.] is dependent on the care of her mother [A.] , [D.] can only exercise her freedom of domicile in the company of the mother. Considering the will of the 15-year-old daughter to live in Switzerland, as well as the…