Because the father came into conflict with the law, the canton of Bern did not extend the residence permit. Only the daughter may be allowed to complete her training.
The Bern administrative court ruled on the expulsion of an Indian family. (Archive image)
Photo: Peter Schneider (Keystone)
An Indian family with two children born in Switzerland has to leave the country. This was decided by the Bern administrative court. However, the court leaves a door open for the 16-year-old daughter, as the judgment published on Monday shows.
The now 53-year-old family man first worked as a project manager and consultant for various companies after entering Switzerland from India at the end of 2000, and in between he was repeatedly unemployed. In 2009 he went into business for himself, with his sole proprietorship filing for bankruptcy after just a few months.
The man subsequently founded other companies. In 2017 the higher court sentenced him to a partial prison sentence of 30 months for embezzlement, fraudulent bankruptcy and mismanagement. Of these, the man served six months in semi-detention.
The canton of Bern subsequently refused to extend the residence permit and expelled the family of four from Switzerland. The Bernese administrative court is now behind this decision by the cantonal security department. It denied the family’s complaint.
Integrated children hit hard
From the judges ‘point of view, however, the long periods of attendance of the family stand in the way of the parents’ poor integration. In addition, the couple make too little effort to reduce their mountain of debt. The signage hits hard on the two children, who are now 11 and 16 years old, who were born and socialized in Switzerland.
For the 16-year-old daughter, who started three-year vocational training in August 2019, the court considers that given the “special circumstances” it is conceivable that she could be granted an independent residence permit – provided that supervision and financial resources are ensured.
Independent residence permits for underage children are an exception, but are not excluded, the administrative court stated. The judgment can still be appealed to the Federal Supreme Court.
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