Facts
The complainant 1, a Jordanian national, came to Switzerland in 2008 to study at the University of Bern. He was granted a residence permit, which was last extended until January 31, 2015. After completing his studies, he was granted a work permit and has held a settlement permit since December 1, 2018.
The complainant 1 has been married to his compatriot since 2000 and has three common children living in Jordan. On April 19, 2017, the wife and children applied for visas for long-term residence in Switzerland, but this was rejected because the application was filed late.
The [A.A.] -[A.B.] family applies to the Federal Court to overturn the judgment of the Administrative Court of the Canton of Bern and to allow the spouse and children to join them in Switzerland.
Considerations
The Federal Court applies the law ex officio and examines the alleged violations of law. The complainants do not dispute that they filed the application for family reunification late. The deadline for family reunification began with the issuance of the residence permit on March 1, 2008, and ended on February 28, 2013.
The Federal Court assumes that the complainants were not informed in time about the family reunification regulations, but it was up to them to inform themselves in time about the requirements for family reunification. Complainant 1 did not apply for family reunification in a timely manner during his presence in Switzerland and therefore cannot now claim that he has a right to family reunification based on his settlement permit.
The Federal Court examines whether the complainants can invoke a hardship case. A subsequent family reunification is permitted if important family reasons so require. However, the complainants cannot invoke a hardship case, as…