She was supposed to leave Switzerland, then returned to her husband: this Moroccan woman saves her residence 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 under family reunification.

But the marriage quickly deteriorated. On 31 October 2023, her husband requested the annulment of the marriage or, failing that, a divorce. In May 2024, he still maintained that there was no possibility of restoring the relationship. The consequences of a breakup can also affect nationality: another Moroccan woman 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 beyond a simple downgrading of residence status, already applied to a Moroccan man in Switzerland: the woman was required 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 brought the matter before the Cantonal Court. In the meantime, her husband had withdrawn his request for annulment and divorce, but this was not enough.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 Married Life 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 situation.

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 filed an appeal before the Federal Supreme Court seeking an extension of her permit. The court then granted suspensive effect, temporarily preventing her deportation.

The reversal came on 27 November. Because the couple 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 lengthy stay in Morocco 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 noted that the national had now obtained satisfaction. Her appeal therefore no longer had any purpose, and the case was struck from the docket, without the judges having to determine whether the previous refusals had been justified.

However, the Moroccan woman was not granted the legal aid she had requested. The Federal Supreme Court criticized her for failing to announce the resumption of married life early enough. Nevertheless, no costs were charged to her, as the proceedings had not required significant work. After more than a year of unfavorable decisions, she can therefore remain in Switzerland with her husband.