Swiss court rejects diplomats’ daughter’s request for permanent residence

The young woman who lodged the appeal holds a legitimation card, a residence permit issued to international civil servants and their families. Keystone

The 17-year-old daughter of a diplomatic couple is not entitled to a residence permit despite having lived in Switzerland her entire life. The Federal Administrative Court has rejected the young woman's appeal.

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The parents of the young Kenyan woman are officials of a specialised agency of the United Nations. According to a ruling published on Thursday by the court, the young woman has lived in Switzerland since birth. On the basis of her parents’ special diplomatic status, she holds a legitimation cardExternal link issued by the foreign ministry and which serves as a residence permit for the diplomatic corps and their families.

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The Kenyan citizen does not fall under the provisions of the Foreign Nationals Act because of her legitimation card. The years spent under this special status cannot be taken into account for the granting of a regular residence permit, the court ruled. For people from Kenya, a stay of ten years would be necessary.

Status with privileges

The complainant criticised in particular the unequal treatment of children of foreigners who are subject to ordinary regulations. However, according to the court, there is neither unequal treatment nor unconstitutional discrimination.

The status of family members of international civil servants is based on a clear legal basis and the legitimation card also offers privileges, the Federal Administrative Court ruled in upholding the decision of the State Secretariat for Migration (SEM).

An application for naturalisation by the Kenyan woman was rejected in 2017. She subsequently applied for a residence permit. The canton of Vaud had issued a positive preliminary decision, but the SEM rejected the application in 2021.

The court’s ruling is final and cannot be appealed.

Translated from German with DeepL/gw

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