Go Back   English Forum Switzerland > Help & tips > Permits/visas/government
Reply
 
Thread Tools Display Modes
  #21  
Old 04.08.2015, 14:04
Member
 
Join Date: Apr 2015
Location: San Francisco
Posts: 198
Groaned at 4 Times in 2 Posts
Thanked 114 Times in 70 Posts
Caryl has earned the respect of manyCaryl has earned the respect of manyCaryl has earned the respect of many
Re: Foreign single mum needs a permit.

Quote:
View Post
I mention Chen above but I'm not sure it applies to Switzerland as the rulings were based on the EC treaty and not parts of which Switzerland has agreed to on a bilateral basis. That being said, the core principles of a right being useless as a minor without the parent can be deemed to apply to any country and Swiss courts do look to the ECJ.... So who knows. It is really not clear cut and I echo the need to seek in detail, legal advice.
The judgments in Chen/Zhu and Ruiz Zambrano shocked the Home Office. Like Rush Portuguesa, which flabbergasted and disappointed the French. As my (Belgian) Eurolaw prof said, immigration ministries don't let these cases get to court unless they think they will win (Thus Ramadanoglou, a Muslim Greek working in Germany whose Greek citizenshipm was cancelled: neither Greece nor Brussels wanted the ECJ to meddle in nationality law -- of course since then it has... to a degree. It never went to court, the guy got his Greek passport back and Art.19 of the Greek nationality law was abrogated.)

I was working in Switzerland during the vote on EEA in 1992 (I think it must have been). And I was in Québec for the ballot counting on the Independence referendum The experts were fooled both times. Of course the Scottish referendum was 'fixed' -- or was it?

Lots of parents of local nationals have been deported from the UK and the US. With or without the infants (the Home Office or the US ICE has to pay to deport the kids). But recent cases have been better or worse: Better if under Art. 8 etc. the family can stay put because the country of destination would put the it at risk or force FGM. Worse if on some 'best interests of the chils' basis s/he is taken intio care and forceably adopted out.

I have the feeling that the OP's case can be solved. But first the Treaties have to be engaged: as with the UK, depending on domestic (Swiss) law alone is costly and dependent upon administrative discretion. Hence the Surinder Singh workaround. Somewhere there are experts (in government, in charities, in law offices) who have done this and know the secret Handshakes that it takes to get this done.

Suffice to say in 1970 it would have been easy. Not today when every politician is afraid of the boat people.
Reply With Quote
This user would like to thank Caryl for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Single mum/parent groups in the Nyon area alloosh Family matters/health 10 04.03.2012 18:22
single mum needs advice on coping with work an baby...HELP: ADJEH Family matters/health 17 28.03.2011 17:51
Becoming a single mum in Switzerland mimi1981 Family matters/health 42 12.05.2010 12:55
single mum needs childcare advice, zurich byronbay Family matters/health 10 07.04.2010 13:29


All times are GMT +2. The time now is 15:37.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0