Facts
The appellant, a Macedonian national, married a Kosovar citizen in Kosovo in May 2016, who was illegally residing in Switzerland despite a valid entry ban. The Migration Office of the Canton of Zug rejected the appellant's application to allow her spouse to join her in Switzerland, as it suspected a marriage of convenience. The lower court confirmed this decision.
The appellant applied to the Federal Court to overturn the lower court's decision and grant the application for her spouse to join her. She argued that the marriage was not concluded for residence-related reasons and that she and her spouse wanted to lead a genuine life together.
Considerations
The Federal Court examined whether the lower court was justified in suspecting a marriage of convenience and whether the appellant had sufficiently substantiated her claims that the marriage was not concluded for residence-related reasons. The court found that the lower court was justified in suspecting a marriage of convenience based on various indicators, such as the age difference between the spouses, the short duration of their acquaintance, and the lack of evidence of a genuine life together.
The court emphasized that concrete evidence is required to assume a marriage of convenience, indicating that the spouses do not intend to lead a genuine life together, but rather entered into the relationship for residence-related reasons. It found that the appellant had not sufficiently substantiated her claims that the marriage was not concluded for residence-related reasons.
The court pointed out that the authorities must investigate the…