Settlement permit denied to a child with diplomatic status

The 17-year-old applicant has been living in Switzerland with her parents, staff members of a UN specialised agency, since her birth. She holds a legitimation card exempting her from the ordinary provisions of the law on foreign nationals for as long as her parents remain in service. In 2017, her application for Swiss citizenship was rejected. She subsequently applied for a settlement permit. While the Population Office of the Canton of Vaud issued a favourable opinion, the State Secretariat for Migration (SEM) refused the application in 2021.

Special regime and no right to reside
In a landmark judgment, the Federal Administrative Court (FAC) holds that the applicant does not satisfy the necessary requirements for a settlement permit. Under applicable law, the years spent in Switzerland on a legitimation card are not taken into account when granting a settlement permit as long as the person concerned remains subject to this special status. In the case at hand, the applicant is still living with her parents, has not set up an independent household, and does not carry out her professional activity.

The Court found no inequality of treatment or discrimination contrary to the Constitution. The applicant specially complained about the different treatment of children of foreign nationals who are subject to the ordinary regime. However, the regime applicable to the family members of international civil servants is based on a clear legal basis: moreover, a legitimation card confers special privileges deriving from public international law. Therefore, considering that the applicant’s situation falls under a special regime which excludes the consideration of the years spent in the country on a legitimation card, the FAC dismisses the appeal and upholds the SEM decision.

This judgment is final and may not be appealed to the Federal Supreme Court.