Downgrading of a settlement permit due to social welfare dependency

Facts

Parties: [A.] (appellant) against the Migration Office of the Canton of Zurich and the Security Directorate of the Canton of Zurich.

Facts: [A.] , a citizen of Kosovo, received a settlement permit in Switzerland in 1996 as part of family reunification. In 2012, he married and had two daughters. From 2018 to 2019, the family received social welfare amounting to approximately 325,000 CHF. In 2019, the Migration Office of the Canton of Zurich revoked the settlement permit and downgraded it to a residence permit, with the condition to take up a work schedule of at least 80% and to disengage from social welfare. The Administrative Court of the Canton of Zurich confirmed this decision.

Appeal: [A.] appeals to the Federal Supreme Court against the decision of the Administrative Court, requesting to retain the settlement permit and to grant free legal aid.

Considerations

The Federal Supreme Court first examines the admissibility of the appeal and establishes that the settlement permit is valid indefinitely and that there is a legal entitlement to its retention. It applies the law ex officio but is bound to the findings of fact of the lower court unless they are obviously incorrect or incomplete.

The court addresses the downgrading pursuant to Art. 63 para. 2 FNIA and establishes that this is only permissible in case of an integration deficit. It examines whether the downgrading is proportionate and whether the appellant is at fault for his lack of economic integration. The court concludes that the downgrading is…