Swiss court makes decision on Kosovo that canton lifted its permanent residence permit

The Aargau Canton's Office for Migration has wrongly lowered Kosovo's residence permit from C to B, the Federal Court has ruled

In cases when they must decide to lower a residence permit for foreigners from permanent permission (Viza C) to simple residence permits (Viza B), authorities may consider only negative incidents that have occurred since the beginning of 2019 or that continue after that date.

That's what the Federal Supreme Court put in. It broadcasts albinfo.ch. On the contrary, the background effect is unacceptable, since the law on lowering the residence permit for foreigners has not entered into force before 2019.

The concrete case concerns a Kosovo citizen who has been living in Switzerland since 1992. He is married and has two children, both Swiss citizens. The person in question has committed a lot of traffic violations.

In April 2018, the Aragau High Court had sentenced him to one year in prison for importing hashish in 2013.

Another penalty was added in December 2018. After the oil had spilled from his bus, he was sentenced to a fine of 30 daily units for violating the Water Protection Law, broadcasting albinfo.ch.

In September 2019, the Office for Migration and Integration in Aragau has removed Kosovo's permanent permit (Viza C) and has given it permission to stay (Viza B). It was with the approval of the State Secretariat for Migration (SEM).

The office has justified the discounting of the residence permit with a <x0deficiation integration” of Kosovar, which appears in repeated delicia.

The lowering of the permit, a new instrument

Dismissing the permanent permit to stay in residence because of integration deficits is possible only by 2019. Language shortcomings or lack of economic integration, for example, are also considered deficits

Previously, residence permit could be revoted for foreign citizens who had stayed in Switzerland for more than 15 years only in the event of long - term imprisonment, serious public safety violations, or in case of the country's internal or outside security threat, Sda.ch writes.

The goal of the newly introduced measure is that foreigners located in Switzerland, unintegured or badly integrated, are reminded of their integration obligations, writes the Federal Supreme Court. But this landing must be proportional.

Kosovo Warning

According to the Federal Supreme Court, in the concrete case, lowering the level of residence permits is not allowed, this is because criminal acts all occurred in the years before 2019. In addition to the work against the Law on Narcotics, all were works of small importance, although not all occasions were insignificant, the albinfo.ch broadcasts. Thus, Kosovo maintains its permanent residence permit, but is warned.

According to the Federal Supreme Court, if he in the future again commits violations of the law, regardless of his long presence in Switzerland, he must wait for his residence permit to be removed and be expelled or at least have reduced residence permits.