Marriage for nationality, gare ...

Marriage for nationality, gare ...

"My daughter wants to get married so that her boyfriend can obtain Swiss papers. What does the law say about such marriages?"

Louis, Onex

In 2005, the legislator adopted the Federal Law on Foreign Nationals, which led to a tightening of the instruments used to combat bogus marriages and partnerships.

Since then, the civil registrar in charge of the marriage ceremony has had to refuse his or her assistance as soon as it appears that the couple want to enter into an abusive union. According to the Federal Court, two cumulative conditions must clearly be met in order to do so: firstly, the engaged couple must have no intention of establishing a community of life; secondly, they must intend to evade the provisions on the admission and residence of foreign nationals. A combination of factors, including a large age difference, the absence of a common language or the illegal residence of one of the fiancés, may be decisive. However, the legislator did not wish to transform the civil registrar into a civil servant of the immigration authority. Therefore, in the case of binational marriages, the Registrar must not systematically check whether the fiancés or partners intend to evade the provisions on the law on foreign nationals. However, he must carry out checks if there is a serious doubt and refuse his assistance if the abuse is obvious. As for abusive unions that have escaped the vigilance of officers, civil law provides for their annulment at any time at the request of any interested party!

It should be noted that the decision of the civil registrar is in no way binding on the immigration authorities. They remain free to refuse to grant a residence permit if they discover that the spouses are invoking the right to family reunification to circumvent the provisions on the admission and residence of foreign nationals. It should be noted that the right to family reunification, which allows the spouse of a Swiss national living in the same household to obtain a residence permit, can also be revoked in the event of an abusive union. Finally, if the spouse has obtained Swiss nationality by making false declarations, the authorities may revoke his or her naturalisation within two years of becoming aware of the facts, but no later than eight years after the granting of nationality.

Therefore, if your daughter marries simply to avoid the above rules, she runs the risk of having her marriage annulled and her husband's residence permit and naturalisation cancelled. This will not be the case, however, if she genuinely wishes to establish a community of life but rushes into the marriage to allow her partner to remain in Switzerland.