Facts
The German national [X.] (born 1982) entered Switzerland on August 22, 2002, and received a settlement permit EC/EFTA on March 3, 2008. She married the Turkish national [Y.] on March 3, 2006, who had entered Switzerland illegally in 1999. After [Y.] was deported from Switzerland, the family moved to Germany, where [Y.] received a residence permit under family reunification. [X.] retained an apartment in St. Gallen and ran a restaurant business. The Aliens Office revoked her settlement permit, as she had transferred her legal residence and center of life to Germany.
The appellant [X.] challenged this decision before the Administrative Court of the Canton of St. Gallen, which dismissed the appeal. [X.] then filed an appeal with the FSCA.
Considerations
The FSCA examined the appeal and came to the conclusion that the settlement permit of the appellant had expired by law. The court found that the appellant had her center of life in Germany, where she lived with her family, and that she only returned to Switzerland for business or visiting purposes.
The FSCA pointed out that the provision of Art. 61 para. 2 AuG, according to which the settlement permit expires if the foreigner is actually abroad for six months, is in line with Art. 6 para. 5 Annex 1 AFMP. The…