At the end of March 2024, the decision of the Swiss Federal Court (link) was published, in which lawyer Marad Widmer won a case against the State Secretariat for Migration concerning family reunification in the ascending line.
Case background: Several years ago, a married couple from the canton of Vaud independently filed an application for family reunification with the applicant’s mother from Russia and for the issuance of a Swiss residence permit (B permit). The migration office in Lausanne (SPOP) initially intended to refuse the application. As a result, the applicants were compelled to seek professional assistance. After receiving the mandate, lawyer Marad Widmer persuaded the migration authorities in Lausanne to grant cantonal approval for family reunification in the ascending line.
The matter did not end there, however, as federal approval also had to be obtained. In this regard, the State Secretariat for Migration in Berne refused to grant its consent. The federal authorities relied on errors in the original application that the clients had submitted independently.
The lawyer’s appeal to the court of first instance – the Swiss Federal Administrative Court – was unsuccessful. The judges noted that the conditions for the granting of a residence permit had not been met.
Despite the scepticism, the client decided to pursue the matter to the very end – and this determination has now been fully rewarded. The appeal to the second and final instance – the Swiss Federal Court – resulted in a complete victory. By its ruling, the judges ordered the authorities to issue a residence permit on the grounds of family reunification to the client’s mother.
Given that the lower instances were negatively disposed and the probability of success before the Federal Court does not exceed 14%, it can be concluded that Swiss lawyer Marad Widmer made an extraordinarily difficult family reunification possible and compelled the authorities, against their will, to issue a residence permit to the client’s mother.
By order of the Swiss Federal Court, all court costs as well as the costs of legal representation were reimbursed.
What should be remembered on? Swiss lawyer Marad Widmer reminds clients that in complex cases, filing an application independently carries a significant risk of errors which authorities may use to justify a refusal. In the present case, it was possible to prevail despite those errors and – admittedly only after several years – to ultimately obtain the long-awaited permit. However, not every error can be remedied through court proceedings. Each person must therefore decide for themselves whether it is advisable to engage a migration lawyer before submitting an application.
How can Swiss lawyer Marad Widmer help you? Swiss immigration law (primarily in the cantons of Zurich, Zug, Vaud, Geneva, Valais, Neuchâtel, and Ticino) is one of our firm’s core areas of expertise. Marad Widmer specializes in complex and atypical cases where other firms have unfortunately struggled to succeed. In the canton of Vaud, our firm regularly represents the interests of foreign nationals before the Immigration Office (SPOP), the Ofifce of Economic Affairs (DGEM), the Administrative Court of the Canton of Vaud, and the Federal Court for Public Law Disputes.
Other article languages: DE / RU
Marad Widmer, LL.M. (Geneva), Managing Partner of the Widmer Strategy GmbH. Bachelor and Master in Swiss Law (Universities of Berne and Zurich). Languages: German, English, Russian and Italian. Member of the Swiss Lawyers Association (SJV/SSJ/SSG).