Facts
The married couple [A.] (born 1952 each) and their (severely disabled due to a bacterial meningitis) daughter [C.A.] (born 1987) are from the Netherlands. They came to Switzerland on 3 June 2010, where their residence was authorised as non-working EU citizens based on the daughter's Dutch pension (around EUR 5,300). In April 2011, the Dutch authorities stopped the pension payments to the daughter due to her relocation abroad. From November 2011 onwards, the family had to be supported by social assistance in Switzerland.
The Migration and Civil Status Office of the Canton of Bern revoked the family [A.] 's residence permit on 8 March 2013: The residence regulation under Art. 24 Annex I of the Agreement on the Free Movement of Persons requires that non-working persons have sufficient financial means, which was no longer the case for the family [A.] . The Police and Military Directorate of the Canton of Bern confirmed this decision on 14 July 2014.
Considerations
The Federal Supreme Court notes that the appellants entered Switzerland as non-working persons and their residence was authorised under Art. 24 Annex I of the Agreement on the Free Movement of Persons. Only after the cessation of the Dutch pension did they claim that they should actually be considered as employed persons in relation to their daughter. However, the Federal Supreme Court denies that the appellants are in a relationship of subordination to their daughter and engage in actual and genuine economic activity.
The father's self-employment as a garage owner also cannot be recognised as actual and genuine economic activity, as he himself described…