She was supposed to leave Switzerland, then returned to her husband: this Moroccan woman saves her permit

The Moroccan national, born in 1984, entered Switzerland on 12 November 2022. Less than a month later, she married a Swiss citizen and obtained a residence permit through family reunification.

But the marriage quickly deteriorated. On 31 October 2023, her husband had requested the annulment of the marriage or, failing that, a divorce. In May 2024, he still maintained that there was no possibility of rebuilding the couple. The consequences of a breakdown can also affect nationality: another Moroccan woman had lost her Swiss nationality after her divorce.

The Migration Service of the canton of Neuchâtel therefore refused, on 24 June 2024, to extend her permit and ordered her deportation from Switzerland. This measure went further than a simple downgrading of residence status, already applied to a Moroccan man in Switzerland: the national had to leave the country.

On Bladi.net : article 114225

The decision was upheld in February 2025 by the Cantonal Department of the Economy and Social Cohesion. The Moroccan woman then appealed to the Cantonal Court. In the meantime, her husband had withdrawn his application for annulment and divorce, but that had not been enough.

In October 2025, the cantonal judges found that the Moroccan woman had still been living in separate accommodation since July 2024. They therefore dismissed her appeal and upheld the refusal to extend her residence permit.

A Resumption of Their Life Together Declared Too Late

The situation had nevertheless already changed. According to the Moroccan woman, the spouses had resumed living together by March 2025 at the latest. However, she had not immediately informed the authorities, even though Swiss legislation required her to report this change in her circumstances.

It was not until 4 November 2025 that the municipality concerned officially informed the Migration Service that the Moroccan national was once again living with her husband. Two days later, she lodged an appeal before the Federal Supreme Court seeking an extension of her permit. The court then granted her suspensive effect, temporarily preventing her deportation.

The turnaround came on 27 November. Because they had resumed living together, the Migration Service ultimately granted the Moroccan woman the extension it had previously refused her. Her case contrasts with that of the Moroccan woman whose long stay in Morocco had led to the definitive loss of her Swiss permit.

On Bladi.net : article 50596

In its order of 5 January 2026, the Federal Supreme Court notes that the national has now obtained satisfaction. Her appeal therefore no longer has any purpose and the case is removed from the docket, without the judges having to determine whether the previous refusals were justified.

However, the Moroccan woman is not granted the legal aid she requested. The Federal Supreme Court reproaches her for not having announced the resumption of their life together sufficiently early. Nevertheless, no costs are charged to her, as the proceedings did not require significant work. After more than a year of unfavorable decisions, she can therefore remain in Switzerland with her husband.