According to Article 63, Paragraph 1, Letter c of the Federal Act on Foreign Nationals (LEI), a settlement permit can be revoked if the foreigner or a person under their care is dependent on social assistance in a durable and substantial manner. Currently, it is even possible to revoke the settlement permit of a foreigner who has been legally and continuously residing in Switzerland for more than fifteen years solely due to significant and lasting dependence on social assistance.
However, it is important to note that when the competent authority issues a revocation, it must adhere to the principle of proportionality. This principle requires that the measure taken by the authority be reasonable and necessary to achieve the public or private interest pursued.
The competent authority will consider the degree of integration as well as all circumstances related to the specific case. According to the consistent practice of the Federal Court, it is essential first to assess the severity of the foreigner’s fault, the duration of their presence in Switzerland, and the potential disadvantages threatening the individual and their family.
Therefore, when the conditions for revocation are met, but revocation appears disproportionate in a specific case, the authority may impose a downgrade (for example, from a Permit C to a Permit B) or issue a warning (threat of revocation) (Article 63, Paragraph 2 LEI). However, it is important to remember that the law does not require that revocation be preceded by a warning or downgrade.
Finally, it should also be noted that before revoking a settlement permit, the authority will also consider the durability of the dependence on social assistance based on forecasts (likely long-term financial situation). Such dependence is recognized when no improvement in the situation is expected at the time of the decision, and the risk of remaining dependent on public assistance is likely to persist, even considering the financial capacity of family members. That said, the authority will also take into account the reasons why a person became dependent on social assistance to assess the situation.
Have you received a decision revoking your settlement permit and are unsure what to do? Our team of professionals would be pleased to welcome you to our office located at Rue du Valentin 1, 1004 Lausanne, to provide you with advice and assist with your legal procedures.
Contact Information:
Phone: 021 351 30 00
Email: info@cjdv.ch
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