The court overturned the citizenship of Switzerland, obtained through marriage.
Getting Swiss citizenship is an extremely difficult task. However, and at that moment, when the coveted red passport with a cross is already issued on hand, it does not end there. According to the legislation, the authorities of the Alpine Republic retain the right to abolish the naturalization of the foreigner, if there are grounds for doing so. One such case was taken by the Federal Court in Lausanne, which in January 2015 abolished the citizenship of Switzerland, obtained through marriage. Details – in the material of the Portal “Switzerland Business”.
In 2001, a Pakistani national arrived in Switzerland and immediately applied for refugee status. Later, this petition was the same alien withdrawn, the reason for this in September 2003 was a marriage with a Swiss citizen who is 14 years older than a Pakistani. As a result, the latter was able to obtain a residence permit; and already in February 2008 – the citizenship of Switzerland through marriage under a simplified procedure.
After 9 months, the couple filed an application for divorce, which was granted in May 2009 (by the way, quite often mixed marriages in Switzerland end in divorce). The newly-made Swiss did not lose time and in September of the same year he said “yes” to the marriage union with the citizen of Pakistan, who is currently 33 years old (the Pakistani man is 43 years old). In 10 months the new family had a daughter.
Switzerland’s nationality through marriage did not pass.
It is obvious that this development was completely suited to the Pakistani couple. Nevertheless, the Legal Department of the Canton of Argau intervened in the situation, to which the history of the Pakistani man seemed suspicious. After studying the case materials, the Department submitted an application to the Federal Secretariat for Migration (at that time – the Federal Bureau for Migration) to declare the citizenship of Switzerland issued through marriage null and void.
What is so alarming the Legal Department of the Canton of Argau? At the stage of applying for Swiss citizenship in simplified order, the Pakistani and his (former) Swiss wife signed a document stating that they “live together in a stable marriage union” and there are no prerequisites for parting or divorce. From the legal point of view, it is extremely important that without this document obtaining Swiss citizenship in a simplified manner would be impossible.
As part of the investigation of the Legal Department of Canton Argau, the ex-wife testified that, since April 2008, the spouses have already lived separately. In addition to this fact, other evidence of the dissolution of marriage was also established. In this connection, the Federal Bureau for Migration concluded that the marriage by the time the application for citizenship was filed “was not left untouched”, which is the reason for the cancellation of Swiss citizenship obtained through marriage. Simultaneously with the Pakistani citizen, his daughter lost another passport from her second marriage.
Despite the failure, the Pakistani man was provoked not only for marriages, but also for the legal sphere. Deprived of his citizenship, he filed a complaint with the courts and even went to the Federal Court in Lausanne, which, however, dismissing the complaint, took the side of the migration authorities.
The court found that “the development of events – marriage, naturalization, divorce, a new marriage, the birth of a daughter – was sufficient to suggest that the plaintiff (Pakistani – by the time the document was signed (for filing for citizenship in simplified order – ) no longer lived in a stable marriage union. ” The court did not convince the early arguments of the Pakistani that it was the wife who wanted the divorce and announced the “sudden”, and later changed argument, that the marriage life became impossible due to the depressed state of the (former) wife.
Since the elastic should be well integrated.
Let me remind you that the new rules for acquiring Swiss citizenship (which will only come into force and therefore have not been applied by the Federal Court in the Pakistani case) raise the bar for foreigners who are married to Swiss or Swiss and apply for citizenship in a simplified manner. So, in particular, from the moment the new rules enter into legal force, the spouse (a) will be able to obtain a passport only if it proves successful integration into the Swiss society.
Decisions on the deprivation of Swiss citizenship by the Federal Court takes place on a regular basis. One of them was the case of a citizen of Montenegro, who was silent about his criminal past.
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