History of this Kosovar in Switzerland will touch you very much

A rare case for which Switzerland's highest court instigation, the Federal Court has so far made 3 verdicts and which it will now look into for the fourth time, writes Tageshanzieger.ch.

A Kosovo citizen, today 36, had married about ten years ago to a Swiss, who is 65 today. In August 2009, Kosovo, after having lived several years with the Swiss, wins the permit of permanent residence (Viza C) and after six months is divorced in Kosovo by the Swiss.

Because doubts about the extinguishable marriage were well-based, the Kantonal Office of Migration, in August 2011, lifted Kosovo's permanent permit. The reasoning, easy to understand: The couple had a turnover marriage, passed albinfo.ch. The age difference, the lack of knowledge for each other, even the confusion in describing the flat of “in common”, all of which were inconsistent in favor of punishing the woman.

Child Like an Atu Against Exile

Under these circumstances, its expulsion to Kosovo was a work done... But that's where it gets complicated: Kosovo has born a boy seven months after being divorced by the Swiss, a child whom 65-year-old knew as his own. In this way the child is automatically entitled to Swiss substatement, and hence, his mother's expulsion becomes impossible.
Thus begins the long judicial opposition, which is still unseen. Initially, the Kantonal Office of Migration had proved, however, to deny the woman's permission to stay, in the argument that recognition of her father in this case was abusive: According to her, it is very reliable that the Swiss is not the father of the child. However, the office had no evidence to challenge the fathership, since the supposed father refused to submit to the genetic test.

After that, the woman has complained against the expulsion decision, but the first instance, the Security Directorate and the Administrative Court, is dismissed, albinfo.ch. Meanwhile, the highest degree of justice in the country, the Federal Court, after the complaint was filed, gave her the right. The decision states: “until there has been any successful challenge against atheism, the child should be considered a Swiss citizen”.
Resented Marriage

But just a month after that, the Federal Court was to retake the case. That was because the couple had decided to get married again while the Winterstone Civil Office had denied it. This time the couple made a negative decision from the Federal Gycata. And the canton authorities, along with those in the municipality, took advantage of the new situation by demanding the collapse of the Swiss fathership the Swiss over the son Kosovo had born. Thus he and his mother could be deported to Kosovo, broadcasting albinfo.ch. A warrant made to perform the DNA test was again rejected by 65-year-old, who again complained to the Federal Court, which once again ruled against him.

“The father” they find in Kosovo absolutely rejects the pregnancy over the child
In the meantime, efforts to dismiss the authenticity continued so that authorities expanded their research in Kosovo as well. There they found a man whom they introduced as a potential father. But the District Court in Winter this time ruled that the Swiss fathership cannot be rejected. Authorities took the course to the Supreme Court (cantonal), demanding that the test be DNA would be done, if necessary, even violently. The Supreme Court rejected the complaint.

By relying solely on the husband's refusal to submit to the test, you cannot conclude that he is not the real father. In addition, Kosovar, who according to authorities is the child's biological father, flatly rejects that claim. The conclusion is that the boy, who has already been seven years old, continues to father the Swiss, and on this basis, continues to remain Swiss.
Today, the Federal Court will debate on the matter of whether kabton has the right to reject a man's claim to his mothership.