Facts
[A.] (born 1973) is a British national. He married [B.] (born 1985), a Bangladeshi national, on 24 August 2012. [A.] entered Switzerland on 19 December 2014 and was granted a residence permit EU/EFTA valid until 19 December 2019 due to an unlimited employment contract with the restaurant [U.] in Basel. In the context of family reunification, his wife also received a residence permit EU/EFTA valid until 26 September 2021 on 27 September 2016. Their common child [C.] was born on 19 September 2017.
On 8 June 2020, the Migration Office refused to extend [A.] 's residence permit; at the same time, it revoked [B.] 's permit and expelled both from Switzerland. The cantonal legal remedies were unsuccessful.
Considerations
The Federal Court examined whether the appellants could still invoke the Agreement on the Free Movement of Persons (AFMP) in conjunction with the Agreement between Switzerland and the United Kingdom on the rights of citizens following Brexit (AFMP CH-GB) and derive a claim for extension or continuation of their residence permit from it.
The Federal Court concluded that the appellant had lost his status as an employee within the meaning of the AFMP, as he had voluntarily resigned from his position at the restaurant [U.] and subsequently only held a subordinate and insignificant part-time employment with other employers. This also eliminated the derived right of residence of his wife.
Fur…