News - Interesting facts about the law
Discrimination against nationals in family reunification
Discrimination against nationals in family reunification – something is happening in Parliament
8. November 2022
Are you looking for a lawyer for migration law?
Experts for
Aliens law
The lawyers at our centrally located law firm in Winterthur are proven experts in immigration law.
They have extensive experience due to their previous work with cantonal migration authorities, the State Secretariat for Migration and the Federal Administrative Court.
Due to their focus on immigration law, our lawyers have already successfully conducted numerous immigration law proceedings and have considerable expertise in immigration law.
Are you looking for a lawyer for migration law? For case inquiries from new clients, we first conduct an initial meeting. This costs a flat rate of CHF 330 and, together with the case review, takes about one hour. It can be carried out either on site at our office or online via video call. We look forward to receiving your appointment request.
Aliens and migration law
Where are we active?
The services of your lawyer for migration law and immigration law include the following areas, among others:
Issuing, extending and withdrawing residence and settlement permits ・ Family reunification in ascending and descending line ・ Violations of criminal provisions of the Foreign Nationals & Integration Act ・ Hardship applications ・ Work permits in the quota area ・ Naturalizations
Family reunification
in ascending & descending line
In the case of family reunification of children and spouses or family reunification in the ascending line (of parents or grandparents), there are different legal bases depending on the residence status or nationality of the person joining them (Foreign Nationals and Integration Act, Agreement on the Free Movement of Persons or ECHR).
Your lawyer for migration law will assist you in examining and optimally preparing an application for family reunification and in enforcing justified claims in court.
Your lawyer for migration law will be happy to provide you with information in a personal consultation.
Residence permits
Issue, extension & withdrawal
We support you in obtaining and renewing residence permits or help you against unjustified warnings, downgrades or withdrawals. We also help with obtaining early or regular settlement permits.
We also provide expert advice in the case of independent residence permits following separation and divorce. You can also count on our help in the event of unjustified accusations of fictitious marriages or other circumvention of immigration law provisions.
Hardship applications
as a last resort
Do you not meet the legal requirements for a residence permit? If expulsion from Switzerland does not appear to be proportionate because returning to your home country would represent an unreasonable hardship for you, a hardship application offers a last chance to obtain a residence permit.
In the case of a hardship application, your overall situation is relevant, whereby in particular the length of stay and integration in Switzerland, uprooting and reintegration possibilities in your home country as well as the extent of the public interest in deportation must be taken into account.
Your lawyer for migration law will be happy to inform you in detail.
Work permits
for third-country nationals
Work permits for third-country nationals within the framework of permit quotas. which must be submitted by the future employer, are subject to strict legal regulations. As a rule, this route is only open to highly qualified specialists whose position could not be filled with suitable Swiss workers or workers from the EU (priority for Swiss nationals).
Your immigration lawyer will assist you in drafting your application and proving compliance with the legal requirements. If the application is unlawfully rejected, we will represent the employer in appeal proceedings if necessary.
Aliens and migration law
What we do for you
Migration law is public administrative law, which means that the authorities must establish the facts of the case ex officio.
Nevertheless, in practice, incorrect factual findings are made time and again. We help to rule out such problems and ensure that the law is applied correctly. Where the authorities are granted legal discretion, your immigration lawyer will check this discretion for errors and appropriateness.
Classic legal practice
with the most modern means
For case inquiries from new clients, your immigration lawyer will first conduct an initial consultation. This costs a flat rate of CHF 330 and, together with the case inspection, takes about an hour. The initial meeting can take place either on site in our office, by video call or by telephone.
At the initial meeting, we will discuss your concerns, will draw up the facts of the case with you and check your documents. You will then receive an initial legal assessment from us. We also discuss the next steps and provide you with recommendations for action. If it is necessary to engage a lawyer, we agree on the terms of the mandate, the underlying strategy, the goal to be achieved and the next steps.
Our successes
Cases - Case studies
We will be happy to explain what your migration lawyer can do for you based on successful case studies and in which areas we are happy to provide you with competent, efficient and confident support.
Sep. 2022- Administrative measures after rear-end collision
The client in this case was involved in an accident with several vehicles in which he was rear-ended, which was qualified as a gross traffic violation under administrative law. Due to his previous violations of the SVG, he would have been subject to a two-year ban under the so-called cascade model.
In the objection proceedings, however, it was argued that a measure issued in the last five years was issued as a so-called additional measure, which should not be taken into account for the cascade.
The Zurich Road Traffic Office ruled on this basis (contrary to the case law of the Federal Supreme Court, imposing a three-month driving disqualification instead of a two-year disqualification).
Nov 2021- Accusation of gross violation of traffic regulations due to not keeping the minimum distance
In the canton of Graubünden, our client was flagged down by a police officer outside his working hours for allegedly driving too fast, reported and then questioned.
The police officer then claimed to the public prosecutor’s office that our client had followed him for 14 kilometers at a distance of 4-6 meters out of town.
Our road traffic lawyer was able to show that the police officer’s testimony was neither credible nor believable. Accordingly, we obtained a complete acquittal for our client from the second instance of the Cantonal Court of Graubünden.
Details can be found under the following link (click here)
Dec. 2021- Approval of an application for family reunification in ascending line
The Migration Office of the Canton of Sankt Gallen did not intend to extend our client’s residence permit B due to debt-raising.
Our lawyer for migration law was able to demonstrate to the Migration Office SG that our client’s “new debts” all stemmed from old loss certificates, that our client is in the process of clearing up his old debts and that he is generating a regular income.
As a result, the Migration Office extended the residence permit under the existing condition that no new debts are generated.
Dec. 2021- Approval of hardship application "F in B"
Our client was a married couple who had been living in Switzerland for 22 years as temporarily admitted persons.
The migration office of the canton of Graubünden informally rejected a hardship application for a B permit in 2020, despite the long period of residence, primarily due to alleged poor economic integration.
We then submitted a detailed opinion, which assessed all integration criteria and showed that the assumed poor economic integration was to be given more weight in this individual case. Furthermore, the reasons that prevented better integration were not attributable to the couple.
The GR Migration Office followed the arguments of our lawyer for migration law and applied to the State Secretariat for Migration for approval of the hardship application, which also approved the application.
Aug. 2021- Approval of an application for family reunification in an ascending family
Our client with Swiss nationality intended to have his retired mother (third-country nationality) join his family.
In the present case, the lawyer for migration law was not only able to prove that the mother to be reunited was in need of care by her children in Switzerland.
In particular, it could also be shown that the mother (and her deceased husband) had worked as seasonal workers in Switzerland for many years and had therefore also paid into the social security system. Accordingly, the reason for rejecting the burden on social security systems caused by older people in the case of immigration could be adequately addressed here.
The Migration Office of the Canton of Zurich thus approved the family reunification application after thorough verification of all reunification requirements.
Apr. 2021- Contestation of rejected guest visa
Our client, a Swiss couple, had family members in Ghana who could be invited to Switzerland as guests by our client for years without any problems (and who also visited Switzerland and left again without any problems).
However, when a younger niece was to be invited, the embassy refused the guest visa with sweeping arguments. Our lawyer for migration law was able to demonstrate in the individual case that there was no risk that the invited niece would not leave Switzerland again at the end of the guest stay.
Accordingly, the SEM upheld the appeal against the negative visa decision and the guest visa was granted.
We support you every step of the way
Make an appointment
Call our law firm in Winterthur on +41 52 222 01 20or make an appointment online for an initial consultation.
News & Knowledge
Exciting articles and contributions on immigration and migration law
News - Interesting facts about the law
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Shorter waiting periods for family reunification from Afghanistan?
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